U GEN (Pty) Limited Website terms of use
1 Website terms and conditions of use
1.1 This document. sets. out the terms and conditions. ("Terms") of U GEN (Pty) Ltd., registration number 2022/507057/07 (“U GEN”), a private company registered and incorporated in terms of the company laws of the Republic of South Africa pertaining to the access and use of the information, products, services and functions provided on https://u-gen.io ("Website") and the U Gen app available on iOS and Android. Please read these Terms carefully before accessing or using this Website or App.
1.2 Your use of and access to this Website or the purchasing of products from U GEN will at all times be governed by the provisions of these Terms. By using and/or accessing this Website you accept fully, without limitation or qualification, these Terms (and any other terms and conditions referenced herein) and agree to be bound by and comply fully therewith. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms and other applicable terms and conditions referred to herein, and that they comply with them.
1.3 If you do not agree to be bound by the Terms or if you disagree with any of the Terms, you must leave the Website without delay, as further use will automatically bind you to the Terms.
1.4 If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorization, permission and consent to be bound by these Terms before purchasing/applying for/requesting/participating in any products or services.
1.5 U GEN reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by U GEN from time to time. If your are not satisfied with the amended Terms, you should refrain from using the Website.
1.6 U GEN will give you prior notice where U GEN has collected personal information from you and the purpose for which U GEN collected that information, is affected by the intended amendment.
1.7 If there is anything in these Terms that you do not understand then please contact U GEN as soon as possible -see clause 11 below for contact details. Please note that calls to U GEN may be monitored for training, security and quality assurance purposes.
2 Content of the website
2.1 U GEN reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website. U GEN shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the service.
2.2 U GEN reserves the right to change and amend the services, products, prices and rates quoted on this Website from time to time without notice, but U GEN shall have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
2.3 U GEN may use the services of third parties to provide information on the Website. U GEN has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided "as is" and that U GEN and its online partners shall not be liable for any losses or damages that may arise from the user's reliance on it, howsoever these may arise.
2.4 U GEN makes no representations or warranties, whether express or implied, as to the accuracy, completeness. or reliability of any information, data and/or content on the Website, including without limitation:
2.4.1 U GEN does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. U GEN expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fit-ness for a particular purpose, non-infringement, compatibility, security and accuracy;
2.4.2 whilst U GEN has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user's system; and
2.4.3 U GEN disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which U GEN receives it and statements from external parties are accepted as fact.
2.5 The information / material on the Website is provided for general information only and should not be relied upon for use of the sole basis of making decisions without consulting primary, more accurate, more complete or more timely sources of information. Reliance on the material on the Website is at your own risk.
2.6 The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
3 Linked third party websites and third party content
3.1 U GEN may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and U GEN does not endorse, nor does the inclusion of any link imply U GEN’s endorsement of, such websites, their owners, licensees or administrators or such websites' content or security practices and operations.
3.2 While U GEN tries to provide links only to reputable websites or online partners, U GEN cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of U GEN. U GEN is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
3.3 The user agrees that U GEN shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that the user may have with any linked websites, including advertisers, found on the Website, are solely between the user and the third party website.
4 Usage restrictions
The user hereby agrees that it shall not itself, nor through a third party:
4.1 copy (other than for backup, archival or disaster recovery purposes). ,reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
4.2 decompile, disassemble or reverse engineer any portion of the Website;
4.3 write and/or develop any derivative of the Website or any other software program based on the Website;
4.4 modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of U GEN;
4.5 without U GEN’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
4.6 remove any identification, trademark, copyright or other notices from the Website;
4.7 post or transmit ,by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.
5 Security
5.1 In order to ensure the security and reliable operation of the services to all U GEN’s users, U GEN hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
5.2 The user may not utilise the Website in any manner which may compromise the security of U GEN’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should U GEN suffer any damage or loss, civil damages shall be claimed by U GEN against the user.
5.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by U GEN and its affiliates, agents and/or partners.
6 Intellectual property rights
6.1 For the purpose of this clause, the following words shall have the following meanings ascribed to them:
6.1.1 " Intellectual property rights" means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by U GEN, now or in the future, including without limitation, U GEN’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
6.2 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website ("proprietary material"), are the property of, or are licensed to, U GEN and as such are protected from infringement by local and international legislation and treaties.
6.3 By submitting reviews, comments and/or any other content (other than your personal information) to U GEN for posting on the Website, you automatically grant U GEN and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
6.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
6.5 Except with U GEN express written permission, no proprietary material from this Website may be copied or retransmitted.
6.6 Irrespective of the existence of copyright, the user acknowledges that U GEN is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
6.7 A user may only use information retrieved, viewed, downloaded or otherwise obtained by viewing this website, for its own personal and non-commercial use and such information and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties unless the prior written consent of U GEN has been obtained.
6.8 The user undertakes not to change or delete any proprietary notices contained in any material, data or information downloaded or otherwise retrieved from U GEN’s website.
7 Risk, limitation of liability and indemnity
7.1 The user's use of the Website and the information contained on the Website is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
7.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall U GEN be liable for any loss, harm, or damage suffered by the user as a result thereof. U GEN reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should U GEN deem it necessary.
7.3 To the extent permissible by law:
7.3.1 Neither U GEN, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or of any linked website, even if U GEN knows or should reasonably have known or is expressly advised thereof.
7.3.2 The liability of U GEN for faulty execution of the Website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to U GEN rectifying the malfunction, within a reasonable time and free of charge, provided that U GEN is notified immediately of the damage or faulty execution of the Website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of U GEN. However in no event shall U GEN be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
7.3.3 The user hereby unconditionally and irrevocably indemnify U GEN and agree to hold U GEN free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by U GEN or instituted against U GEN as a direct or indirect result of:
7.3.3.1 the user's use of the Website;
7.3.3.2 software, programs and support services supplied by, obtained by or modified by the user or any third party without the consent or knowledge of U GEN;
7.3.3.3 the user's failure to comply with any of the terms or any other requirements which U GEN may impose from time to time;
7.3.3.4 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
7.3.3.5 any unavailability of, or interruption in, the service which is beyond the control of U GEN.
7.4 U GEN makes no warranty or representation as to the availability, accuracy or. completeness of the content of the Website. The user expressly waive and renounce all rights of whatever nature that the user may have against U GEN for any LOSS suffered by the user, as a result of information supplied by U GEN being incorrect, incomplete or inaccurate.
7.5 U GEN reserves the right to restrict/refuse any order placed or service to anyone for any reason at any time.
8 Service Provider privacy and cookie policy
8.1 This clause 8 must be read with U GEN’s separate Privacy Policy document which together provides details about U GEN’s Privacy and Cookie Policy, which Policy forms part of these Terms. U GEN takes the user's privacy seriously and is committed to protecting the user's personal information. U GEN uses the personal information that it collects from the user in accordance with this Privacy and Cookie Policy.
8.2 Personal information when used in this Policy means information that can identify the user as an individual or is capable of identifying the user. By personal information we don't mean general, statistical, aggregated or anonymised information.
8.3 The user's use of U GEN’s services signifies the user's consent to U GEN collecting and using your personal information as specified below.
8.4 How U GEN collects information about the user is dealt with in U GEN’s Privacy Policy document.
8.5 How U GEN uses the user's information is dealt with in U GEN’s Privacy Policy document.
8.6 How long does U GEN keep the user's information for is dealt with in U GEN’s Privacy Policy document.
8.7 Disclosing the user's information to third parties is dealt with in U GEN’s Privacy Policy document.
8.8 When and where U GEN uses cookies? This is dealt with in U GEN’s Privacy Policy document.
8.9 How can the user refuse or opt out of cookies? This is dealt with in U GEN’s Privacy Policy document.
8.10 How can the user manage its privacy preferences? This is dealt with in U GEN’s Privacy Policy document.
If the user require U GEN to stop processing its information for marketing purposes, please write to U GEN at the address set out in clause 11 below.
9 Products and/or Services
9.1 Certain products or services of U GEN are available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to U GEN’s Return Policy.
9.2 U GEN reserves the right, but is not obliged to limit the sales of its products or services to any person, geographic region or jurisdiction. U GEN may exercise this right on a case-by-case basis.
9.3 U GEN reserves the right to limit the quantities of any products or services that it offers.
9.4 All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of U GEN.
9.5 U GEN reserves the right to discontinue any product at any time.
9.6 U GEN does not warrant that the quality of any products, services, information or other material purchased or obtained by the user on or through the Website will meet the user's expectations, or that any errors in the service will be corrected.
10 UNDERTAKINGS
The User agrees:
10.1 not to provide incorrect, incomplete or outdated information to U GEN when it is requested;
10.2 to promptly update your account and other information, including your e-mail address and credit card details and expiration dates if requested to do so, so that U GEN can complete your transactions and contact you as needed. For more detail please review our Return Policy.
11 Compliance with section 43(1) of ECT Act (Must be completed)
In compliance with section 43(1) of the ECT Act, the following is noted:
11.1 Full name: U GEN (Pty) Limited
11.2 Registration Number: 2022/507057/07
11.3 Physical address: Landmark West, 143 Umgazi Road, Menlo Park, Gauteng, 0081
11.4 Telephone number: 081 213 4399
11.5 Website address: https://u-gen.io
11.6 E-mail address: admin@u-gen.io
11.7 Registered at: Pending registration with SAHPRA
12 Confidentiality
Any information or material sent to U GEN will be deemed not to be confidential, unless otherwise agreed in writing by the user and U GEN.
13 Breach or cancellation by Service Provider
13.1 U GEN is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to U GEN’s right to claim damages, should any user:
13.1.1breach any of these Terms;
13.1.2in the sole discretion of U GEN, use the Website in an unauthorised manner; or
13.1.3 infringe any statute, regulation, ordinance or law.
13.2 Breach of these Terms entitles U GEN to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to U GEN on an attorney and own client scale.
14 Compliance with laws
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.
15 Notices
Except as explicitly stated otherwise, any notices shall be given by email to the e-mail address recorded in paragraph 11 above (in the case of U GEN) or to the e-mail address you have provided to U GEN (in the user's case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, U GEN may give the user notice by registered mail, postage prepaid and return receipt requested, to the address which the user have provided to U GEN. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. The user acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be "in writing". Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
16 General clauses
16.1 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
16.2 This Website is controlled, operated and administered by U GEN from its offices within the Republic of South Africa. U GEN makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
16.3 U GEN does not guarantee continuous, uninterrupted or secure access to its services, as operation of its Website may be interfered with as a result of a number of factors which are outside of U GEN’s control.
16.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
16.5 U GEN’s failure to act to a breach by the user or others does not constitute a waiver of
U GEN’s right to act with respect to subsequent or similar breaches.
16.6 The user shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of U GEN.
16.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
16.8 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
16.9 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
16.10 These Terms set forth the entire understanding and agreement between U GEN and the user with respect to the subject matter hereof.