Browser Terms

MORPHED (PROPRIETARY) LIMITED (2020/707905/07) 

(“Morphed”, “us”, “we”, “our”)

(Version 1.0 – Effective as of [12 December 2020)

 

Please read these terms carefully when, using or accessing the Morphed online platform (s) or mobile services or making use of any of the services offered by Morphed (“Morphed Services”).

These Browser Terms form part of the Morphed Terms of Service and as such it applies to every person (“you”, “user(s)”,”he”, “she” “they”) who accesses or uses the Morphed website and services, including any software, service, feature, product, program and element provided by or on behalf of Morphed in connection with such services or websites (“the Platform(s)”) and including any products, programs, and services described in the Terms of Service. 

  1. introduction and purpose of Browser Terms 

    1. These are the rules which govern your use of our website at www.morphed.io, and our relationship with you.  They apply to your activity on our Website, that is, when you “browse,” “surf”, “share”, “post” or comment on our website, these Browser Terms, along with the Terms of Service and Privacy Policy apply and a create a legally binding contract between Morphed and you. 

    2. When you access the website of Platform(s), you do so at your own risk.  Morphed will have no obligations to you whatsoever and we will not be liable at all for any liability, damage or loss resulting from your use or inability to use our website. If you act upon or rely on the information contained on our website, this is at your own risk and we disclaim liability for any negative consequences which may result from your use or inability to use the Platform(s). 

  2. acceptance and consent 

    1. You accept the terms of these Browser along with the Privacy Policy and the Terms of Service. If you do not agree to these Browser Terms, the Privacy Policy or the Terms of Service, you should refrain from using our Platforms of any of the Morphed Services. 

  3. Changes to our Website and/or these Terms

    1. We have the sole and unfettered right (as far as the law allows) to suspend, change or add to our Platforms and the Morphed Services, and to change or add to any of these Browser Terms and such changes will apply as soon as they are made.

  4. YOUR Use of our Website

    1. You may not:

      1. distribute any content from our Platforms without our prior consent;

      2. use any technology, including but not limited to crawlers and spiders, to search or obtain information from our Platforms;

      3. copy our Platform or any source code or pages;

      4. post any defamatory or illegal content;

      5. link to our website in a manner other than through the homepage or mobile interface; or

      6. deep-link to any other pages in a way that would suggest that you own the intellectual property that belongs to us.

  5. Intellectual property

    1. You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, source code, or methodology which forms part of, or is displayed or used on our Platform sor which forms any part of the Morphed Service and/or any products offered or displayed by us, including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, mobile applications, page headers and software) is proprietary to us and will remain ours at all times.

    2. You agree that you will not acquire any rights of any nature in respect of our intellectual property by using our Platforms and / or any of the Morphed Services.

  6. Limited liabilitY

For purposes of clarity:

    1. we will not be liable to you for any loss caused using our Platforms and/ or the Morphed Services or your liability to any third party arising from those subjects. 

This includes:

      1. any interruption, malfunction, downtime, off-line situation or other failure of the Website, system, databases or any components (digital or otherwise) of the Morphed system;

      2. any loss or damage regarding your data or other data directly or indirectly caused by malfunction of Platforms and/or any component of the Morphed Services; and

      3. any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website and/or any third-party systems or programming defects.

  1. Indemnity

    1. You  indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys’ fees, whether directly or indirectly arising out of, relating to, or resulting from the negligence, breach of these Browser Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives.

  2. GOVERNING LAW AND DISPUTE RESOLUTION

    1. The content of these Browser Terms is governed by South African law, including the Platforms and the Morphed Services and any interaction you may have with the Morphed Services regardless of what country you are based in, or the country where you access the Platforms or the country where you receive or use Morphed Services.

    2. If we ever have a dispute, then you agree that the dispute resolution provisions contained in the Terms of Service are read into these Browser Terms.

  3. CONTACT INFORMATION

    1. Please email us at support@morphed.io for any enquiries about our Platform(s) and/or Morphed Services.

  4. Disclosure in terms of section 43 of Electronic Communications and Transactions Act, 25 of 2002

    1. Website owner: Morphed Inc.

    2. Legal status: Morphed is a limited liability company incorporated in USA. 

    3. Description of our main business: The Morphed Services are made available to individual professionals and organisations seeking to productize their offering in digital format (“Morphed Customers”). To this end, we have developed software solutions and an e-commerce infrastructure which allows Morphed Customers to optimise their online sales platforms. 

    4. Email address: support@morphed.io

    5. Website address: www.morphed.io