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User Terms & Conditions

  1. Comotion Dash is owned and run by Comotion Business Solutions (Pty) Ltd with registration number 2013/055468/07, a company incorporated in the Republic of South Africa (herein after referred to as “Comotion”).

  2. These terms and conditions between Comotion and all users of the Service, including, but not limited to, users in all jurisdictions, users that access the Service via a dashboard developed by a Comotion customer and users who are clients of Comotion partners (hereinafter also referred to as “the User”) govern the provision of this Service by Comotion to the User and by accepting the terms and conditions when registering as a User, the User agrees to be bound by these terms and conditions. The terms and conditions is a legally binding document.

  3. Comotion may modify the terms and conditions periodically with or without notice to Users, and such modifications shall be effective immediately upon publishing such modifications. It is the User’s’ responsibility to review the terms and conditions on a regular basis to ensure that they are fully aware of the terms and conditions to which they are bound.

  4. Should any of the terms and conditions be breached by a User, Comotion, at its sole discretion, reserves the right to suspend, alter or terminate User access of the Services.

The Service

  1. Comotion Dash is a software as a service offering of an analytical data lake combined with packaged visualisation (“the Service/s”).

  2. By registering for the Service, the User grants permission to Comotion, for the duration of such subscription, to collect, use and store User data in accordance with these terms and conditions.

User data

  1. The User shall own all right, title and interest in and to all of the User data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the User data.

  2. If Comotion processes any personal information on the User's behalf when performing the Services, the User shall be the responsible party as defined in applicable data protection legislation and: 8.1 the User warrants that it is entitled to transfer the relevant personal information to Comotion so that Comotion may lawfully use, process and transfer the personal information in accordance with these terms and conditions on the User's behalf; 8.2 the User undertakes that it shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; 8.3 Comotion shall process the personal information only in accordance with these terms and conditions and any lawful instructions reasonably given by the User from time to time; and 8.4 each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal information or its accidental loss, destruction or damage.

  3. It is the responsibility of the User to implement the security features that are available on Comotion Dash and any loss or damage to User data as a result of failure on the part of the User to do so cannot be attributed to Comotion.

  4. Comotion cannot be held responsible for the security of any User data that is published from Comotion Dash to third parties by the User.

  5. It should be noted that Comotion Dash is hosted by Amazon Web Services in Ireland and Frankfurt and it is the responsibility of the User to ensure that the User complies with relevant data protection legislation in this regard.

User registration

  1. The User is responsible for ensuring that all information provided to Comotion when registering is accurate and current at all times. Comotion will be entitled to call upon the User to provide documentary evidence, and/or all other information which we reasonably require to verify the information provided when registering for the Services.

  2. Only representatives who are authorised may register for the Service on behalf of an entity User.

  3. The User agrees and guarantees that the username and password that the User will use to log into the Service is for the User’s personal use only and will not be passed on to any third party. The User will immediately notify Comotion of any unauthorised use of the User account, or other account related security breach of which the User is aware. Comotion will reset the User password upon receipt of such a notification.

  4. Users are prohibited from posting any information that supports illegal activities, is obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing, or which may cause annoyance, anxiety or inconvenience to another User or any other person or entity; post a sexually explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes or that impersonates another person.

Support

  1. Support with regard to the use of Comotion Dash is provided by Comotion to its customers only and can be accessed by sending an email to dash@comotion.co.za.

  2. Users should contact Comotion to enquire about the analytics services on offer if they require assistance with regard to the presentation of the data that is stored and accessed via Comotion Dash.

Warrantees and Limitations of Liability

  1. Comotion will not be responsible for any direct or incidental, indirect, special or consequential damages or loss of any nature whatsoever suffered by the User as a result of making use of the Service.

  2. Comotion does not warrant that the Service will meet the User requirements, and, for this purpose, it is specifically recorded that the Service is provided "as is" and it is the User’s responsibility to satisfy itself that it meets the User requirements and is compatible with the User hardware and software prior to making use thereof.

  3. Comotion does not warrant that the Service results of use will be correct, accurate or reliable or that any defects in the Service can or will be corrected. Comotion can furthermore not be held responsible for the accuracy of the User data sourced through the Service.

Intellectual Property

  1. All Intellectual Property Rights in the Service, processes, manuals and other documentation connected with the Service and/or Comotion shall remain at all times the sole property of Comotion.

  2. Unless specifically authorised in writing by Comotion and then only to the extent so authorised, the User shall have no right to use Comotion’s Intellectual Property in any manner whatsoever.

Trademarks

  1. All copyright relating to Comotion Dash, including these terms and conditions, is held by Comotion. All rights not expressly given are reserved. The User may download, view and print content from this platform only for private and non-commercial ends. All content, trademarks and data on this platform, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Comotion. As such, they are protected by local and international legislation and agreements.