The OneVault Services have been developed for use in South Africa, using voices with characteristics that are specific to South African nationals, such as language, accent, dialect etc., and using the various telephony, VoIP and recording systems available in South Africa. As such, the Services may not be suitable for use by persons in other countries and the Services are only supported in South Africa.
Thank you for registering for the use of one or more of the Services provided by OneVault (Pty) Ltd, a private company registered in South Africa (“we”, “us” or “our”). These Terms of Service (the “Terms”) govern your access to and use of the Service(s) via telephone, computer, smartphone, www.onevault.co.za (the “Site”) or any other channel (“Channel”), accessible only through the use of your voice, and to actively use any application (“App”), where applicable, to perform a number of related Services (collectively the “Services”). Please carefully read the Terms before registering for, and using the Services. By using the Services you (“you” or “your”) agree to be bound by these Terms.
You may use the Services only in compliance with these Terms. By using the Services, you warrant that you have the capacity or power to agree to these Terms with OneVault, either directly or through your employer and/or service provider. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time and will try to provide you with written notice as may be reasonable in the circumstances. We may also remove any content from our Services at our discretion.
1. REGISTRATION AND ENROLMENT
To use our Services, you will need to register through the Channel and set up an account with us using your South African Identity Number, or any other means as may be available, and enrol your voice as your password (your “Account Credentials”).
All Services require you to identify yourself when you set up the account. For identified accounts, you must also provide us with your email address so that we can communicate with you.
You may not share your Account Credentials with any third parties, and you are solely responsible for maintaining the confidentiality of your Account Credentials. You acknowledge and agree that we rely on Account Credentials to know whether users using our Services are authorized to do so. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Credentials.
2. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Copyright and intellectual property rights in all materials, texts, drawings and data made available via any Channel or available on the website, as well as all software, code, proprietary methods and systems used to provide the Site or Services or App’s, and all updates, modifications and enhancements thereto, but excluding any open source software (collectively the “Materials”), are owned by us, alternatively we are the lawful user thereof, and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such Material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the Materials or any component thereof for your own internal purposes. The trademarks, names, logos and service marks (collectively “Marks”) displayed via any Channel or on the website are registered and unregistered trademarks of OneVault, and nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of OneVault.
External links may be provided on the Site for your convenience, but they are beyond our control and we accordingly make no representation(s) as to their content. Use or reliance on any external links provided is entirely at your own risk. When visiting external links you must refer to the terms and conditions of use of that external link. You agree not to create any hypertext links from any website controlled by you or otherwise to this website without our express prior written permission.
3. ACCEPTABLE USE POLICY
You agree to use our Services responsibly, and you represent and warrant that you will not:
• probe, scan, or test the vulnerability of any system or network or Channel;
• breach or otherwise circumvent any security or authentication measures;
• use, reproduce, resell or exploit: (a) all or any portion of the Site or Channel or Services; or (b) your access to the Site or Channel or Services, in each case for any purpose other than that for which the Site or Channel or Services are being provided to you;
• conduct or promote any illegal activities while using the Site or Channel or Services;
• attempt to reverse engineer, disassemble, decompile, or translate or jeopardize the correct functioning of the Site or Channel or any Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site or Channel or any Services;
• attempt to gain access to secured portions of the Site or Channel or Services to which you do not possess access rights;
• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• plant malware or otherwise use the Services to distribute malware;
• access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
• use any automatic, electronic or manual process to harvest information from the Site or Channel or Services (including without limitation robots, spiders or scripts);
• send unsolicited communications, promotions or advertisements, or spam;
• send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
• mirror or frame the Site or any content, place pop-up windows over its pages, or otherwise affect the display of its pages;
• publish anything that is fraudulent, misleading, or infringes another’s rights, including any intellectual property rights;
• promote or advertise products or services other than your own without appropriate authorization;
• interfere in any way with the proper functioning of the Site or Channel or Services or interfere with or disrupt any servers or networks connected to the Site or Channel or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Channel or Services;
• impersonate or misrepresent your affiliation with any person or entity;
• publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred, or are in any other way offensive; or
• violate the law in any way, or to violate the privacy of others, or to defame others.
These Terms become effective on the date on which you accept these, or as of the date you first access or use the Site or Channel or any component of the Services, whichever first occurs (“commencement date”). We may terminate the Services immediately, without notice to you, if you breach any term or condition herein. You shall be entitled to terminate the Services without cause at any time by stopping all use of the Site or Channel and Services. We shall also be entitled to terminate the Services without cause upon written notice to you. Upon termination, all rights granted to you under these Terms will immediately cease, you may not thereafter install or use any of the Services and you must delete or destroy all copies of the App’s in your possession.
All provisions of these Terms, survive the termination of these Terms, including our proprietary rights in the Site, Services, Materials and Marks. OneVault may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within OneVault’s computer or communications networks. You agree that we will not be liable to you or any other party for any termination of your access to the Site or Channel or Services.
5. USE OF VOICE RECORDINGS, VOICE FILES AND VOICE PRINTS
When you register to use our Services, you need to enrol your voice to use as your password to access the Services in future. These voice recordings, voice files and voice prints are owned by us and form part of our data assets and intellectual property.
Except for anonymous accounts (i.e. where you have been given the option and have chosen not to identify yourself), your voice print can be used by our clients that make use of our voice biometric technology products and services to verify your identity. To this end, if you have opened an identified account, you specifically consent to:
• the collection, processing and storing of your voice files, voice prints and identity information provided by you during the registration process (collectively, the “Information”) by us;
• access by our clients to our database of voice files and/or voice prints to authenticate your identity;
• us periodically requesting updated Information from you to ensure the maintenance of the correctness of your Information; and/or
• the sharing by us of your Information with our clients or their agents for any other lawful purpose (such as fraud detection),
• and you agree that we shall be entitled to retain the Information for as long as may be necessary for us to provide our authentication and verification services to our clients.
6. DATA RETENTION AND DATA USE
Following termination of any Service, we may retain and use your Information as necessary to comply with the consents given to us in clause 5 above, or to comply with our legal obligations, resolve disputes, and enforce our agreements with our clients.
7. ELECTRONIC COMMUNICATIONS
We can only give you the benefits of our service by conducting business through the internet, and therefore we need you to consent to our giving you Communications electronically either via email, web browser pop-ups or by notification message pop-up or by voice recorded message when you next access the Site or Channel (which you may or may not be required to accept before you can proceed). This clause 7 outlines your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive Communications from us in an electronic form; (ii) consent to receiving marketing information from us in respect of other services we can offer you; and (iii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may also obtain a copy of these Terms by accessing the Site or other Channel. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
8. DISCLAIMER OF WARRANTIES
Although OneVault uses commercially reasonable efforts to encrypt the Stored Data and/or any other data or information, in a secure manner, it cannot guarantee the security of the Stored Data or any other data or information.
You expressly agree that your use of the Site or Channel and/or Services is at your sole risk, and that the Site or Channel and Services are provided by us on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration. You understand and agree that any content or information downloaded to, or downloaded from or obtained through the use of, the Site or Channel or Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer services or loss of data that results from the download of such material and/or information. No content, advice or information, whether oral or written, obtained by you from us through the Site, Channel, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms.
9. LIMITATION OF LIABILITY
You acknowledge and agree that we are only willing to provide access to the Site or Channel and to provide the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or ought reasonable to have known of the possibility of such damages), arising out of or related to your use of or access to, or the inability to use or to access, the Site or Channel or the Services, regardless of whether such damages are based on contract, delict (including negligence), warranty, statute or otherwise. In no event will we be liable to you or any third party in connection with any act or omission of any user of the Site or Channel. Our total liability to you for all claims arising from or related to the Site or the Services is limited, in aggregate, to one hundred Rand (ZAR 100.00).
Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
You agree to indemnify, defend and hold harmless OneVault, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (a) your use of the Site or any Services; (b) any of your Stored Data; (c) your violation of these Terms, (d) your violation of any rights of any other person or entity; or (e) any viruses, Trojan horses, worms, time bombs or other similar harmful or deleterious programming routines input by you into the Site or Services.
11. GENERAL TERMS
You are responsible for compliance with all applicable laws.
These Terms and the relationship between you and OneVault shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the Witwatersrand Local Division of the High Court of South Africa in respect of any disputes arising in connection with the Services referred to herein, or the terms or any matter related to or in connection therewith.
These Terms are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. These Terms shall be binding on OneVault and its successor-in-title, transferees or assignees.
The clause headings in these Terms are included only to help make these Terms easier to read and have no binding effect.
Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is recorded in writing by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements.
If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect.
Sections 3 – 14 will survive the expiration or termination of these Terms for any reason.
We may give notice to you by email (for identified accounts), a posting on the Site (for anonymous accounts), or other reasonable means.
The address for service on OneVault for all purposes relating to these Terms, including the serving of any legal process, is:
53 Kent Road
OneVault shall be shall be entitled from time to time, by giving notice to you, to vary its physical address for service to any other physical address within the Republic of South Africa.
Please report any violations of these Terms to firstname.lastname@example.org
14. CONSUMER PROTECTION INFORMATION
In compliance with section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 (“ECT ACT”), your attention is drawn to the following:
• full name and legal status : OneVault (Proprietary) Limited, a private company incorporated in accordance with the laws of the Republic of South Africa;
• registration number: 2011/128265/07;
• place of registration : Johannesburg, South Africa;
• registered physical address : 53 Kent Road, Dunkeld, Johannesburg, 2196, South Africa;
• website address : www.onevault.co.za;
• email address : email@example.com;
• membership of codes of conduct : none at present;
• physical address for receipt of legal service of documents : 53 Kent Road, Dunkeld, Johannesburg, 2196, South Africa;
• description of the main characteristics of the Services offered by OneVault : Authentication Services;
• the terms of the agreement : the terms of the agreement between yourself and OneVault is governed by these Terms;
• time within which the Services will be delivered : immediately on completion of successful registration by you.