Acceptance of Terms

The following terms and conditions of use (these “Terms of Use”) are terms of a legal agreement between you and Oryx Systems cc (“Oryx”) and govern the terms and conditions of your use of the application known as “YapYap” or any white labelled derivative thereof (“the Application”). By downloading the Application, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree to these Terms of Use, do not use the Application.

The Application is developed by Oryx from its offices within the Republic of South Africa. Those who choose to download the Application from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Terms of Download and Use

These Terms of Use govern your access to and use of the Application. Additional terms and conditions may apply to your purchase and/or use of the Application as may be set out from time to time by your Service Provider. You acknowledge and agree that your rights and responsibilities will be governed by these terms and conditions. In the event there is a conflict between these Terms of Use and the terms and conditions provided in the applicable agreement for any product or service offered by your Service Provider, the terms of this agreement shall be applicable and rank parri passu with such other terms and conditions.

License and Use Restrictions

Except as otherwise provided, all rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Application belong to Oryx. Except as expressly provided above, nothing on the Application shall be construed as conferring any license or right under copyright, trademark or other intellectual property rights. Subject to these Terms of Use, Oryx grants to you a limited, nonexclusive right to download and make personal use of the Application and the materials and information contained therein. Except as stated herein, none of the material or information in the Application may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Oryx. You may not use the Application or any of the material or information contained on the Application for any unlawful purpose or any purpose prohibited by these Terms of Use, nor may you use the Application to solicit any illegal activity or any activity that may infringe upon the rights of others. You also may not, without Oryx’s permission, "mirror" any material contained on the Application on any other server. Any unauthorized use of the Application may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Subject to these Terms of Use, you may download the Application for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.

Copyright Information

The materials and information contained on the Application, including, but not limited to, the text, graphics, photographs, artwork, icons, images, logos, audio, video, downloads, data and compilations, belong to Oryx or the original creator and is protected by applicable law, including, but not limited to, South African and international copyright law and regulations.

Disclaimers

The Application and all information and material contained on the same or made available through your Service Provider are provided on an “as is” and “as available” basis. The Application is warranted according to these terms and conditions. Oryx makes no other representations or warranties of any kind whatsoever and disclaims all other warranties and representations, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular use or purpose, accuracy, noninfringement or operation. Oryx does not guarantee the provision by the Service Provider or any third-party interface. Whilst the Application and the material and information contained in the Application will be without error or defect. You agree that you take full responsibility for your use of the same.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ORYX BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE THE APPLICATION, EVEN IF ORYX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE APPLICATION RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF.

Indemnification

You agree to indemnify, defend, and hold harmless Oryx and its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, brought by a third party arising out of or related in any way to your use of the Application, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.

Privacy

You acknowledge and agree that you are responsible at all times for maintaining the confidentiality and protection of your account and password information if such information is applicable to your use of the Application and/or is required by your Service Provider. You are also responsible for adequately restricting the use and access to your computer, smartphone, or other device used to access the Application and all activity that occurs under your account due to your failure to protect such information.

Posting of Material

All personal data provided to or captured by Oryx online will be handled in accordance with Oryx’s Privacy Policy.

Disclaimers regarding Connectivity

The Application is required to be linked to other sites operated by other entities (collectively, the “Sites”). Oryx will not be held liable for any failure on the part of any Site for any lack of connectivity, howsoever arising regardless of the linking form (e.g., Service Provider Links) which are not maintained, controlled or otherwise governed by Oryx. Oryx does not endorse or make any representation regarding or warrant any function in relation to such links and/or connectivity thereto.

Governing Law

You agree that any claim relating to the Application and related to your access and use of the Application will be governed by the laws of the Republic of South Africa. You agree to submit to the personal and exclusive jurisdiction of the courts in the Jurisdiction of South Gauteng.

Term of Use Revisions

Oryx may at any time revise these Terms of Use by updating this posting and in order to continue to use the Application, you will be obliged to agree to any such revisions.