TERMS AND CONDITIONS OF USE

Sendoff (Pty) Limited

1. Contractual Relationship

The terms and conditions set out in this document (the “Terms and Conditions”) govern the use of the website and app of Sendoff (Proprietary) Limited, (“Sendoff ”) the website can be located at https://sendoff.app (the “Website”) and the  mobile app (the “App”)  can be found and downloaded from the app store for Apple iOS https://apps.apple.com/us/app/sendoff-funeral-app/id1566414706 and the Google Play Store for android devices. https://play.google.com/store/apps/details?id=com.Sendoff.SendoffFuneralApp

These Terms and Conditions become effective when you access the Website and/or the App for the first time and constitute a binding agreement between yourself and Sendoff. Your use of the Website/ App will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

By accessing the Website, you are deemed to have read and have full knowledge of the Terms and Conditions as amended from time to time.

 PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Sendoff. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.

Sendoff may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Sendoff may amend the Terms related to the Services from time to time. Amendments will be effective upon Sendoff’s posting of such updated Terms at https://sendoff.app/terms  regarding the amended policies or supplemental terms of the applicable Service.

Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in Sendoff’s Privacy Policy located at https://sendoff.app/privacy-policy   

2. The Services

The Services constitute a technology platform that enables users of Sendoff’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange, book, manage, select, review information and order services related to the planning of a funeral.

Unless otherwise agreed by Sendoff in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

YOU ACKNOWLEDGE THAT SENDOFF DOES NOT PROVIDE THE SERVICES OR FUNCTIONS AS STATED ABOVE AND THAT SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY FUNERAL SERVICE PROVIDERS (FSP’S) WHO ARE NOT EMPLOYED BY SENDOFF OR ANY OF ITS AFFILIATES.

License.

Subject to your compliance with these Terms, Sendoff grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:

• access and use the Applications on your personal device solely in connection with your use of the Services; and
• access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use.

Restrictions.

You may not:

• remove any copyright, trademark or other proprietary notices from any portion of the Services;
•  reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Sendoff;
•  link to, mirror or frame any portion of the Services;
•  cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
• attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

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Funeral Service Providers and Content.

The Services may be made available or accessed in connection with FSP’s and content (including advertising) that Sendoff does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such FSP’s and content. Sendoff does not endorse such FSP’s and content and in no event shall Sendoff be responsible or liable for any products or services of such FSP.

Ownership.

The Services and all rights therein are and shall remain Sendoff’s property or the property of Sendoff’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:

• in or related to the Services except for the limited license granted above; or
• to use or reference in any manner Sendoff’s company names, logos, product and service names, trademarks or services marks or those of Sendoff’s licensors.

3. Your Use of the Services

User Accounts.

In order to use most aspects of the Services, you may be required to register for and maintain an active personal user Services account (“Account”).

 Account registration requires you to submit to Sendoff certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Sendoff’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

User Requirements and Conduct.

You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the FSP or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Text Messaging.

By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services.

Promotional Codes.

Sendoff may, in Sendoff’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a FSP services, subject to any additional terms that Sendoff establishes on a per promotional code basis (“Promo Codes”).

You agree that Promo Codes:

• must be used for the intended audience and purpose, and in a lawful manner;
•  may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Sendoff;
• may only be used pursuant to the specific terms that Sendoff establishes for such Promo Code;
• are not valid for cash; and
• may expire prior to your use.

Sendoff reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Sendoff determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

User Provided Content.

Sendoff may, in Sendoff’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Sendoff through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”).

Any User Content provided by you remains your property. However, by providing User Content to Sendoff, you grant Sendoff a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Sendoff’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that:

• you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Sendoff the license to the User Content as set forth above; and
• neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Sendoff’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Sendoff in its sole discretion, whether or not such material may be protected by law. Sendoff may, but shall not be obligated to, review, monitor, or remove User Content, at Sendoff’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Sendoff does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a FSP (“Charges”).

BEFORE you have received services or goods obtained through your use of the Service, Sendoff will facilitate your payment of the applicable Charges on behalf of the FSP as such FSP’s limited payment collection agent.

Payment of the Charges in such manner shall be considered the same as payment made directly by you to the FSP. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, regulatory charges, VAT and processing fees for split payments, and will be inclusive of applicable taxes where required by law.

Charges paid by you are final and non-refundable, unless otherwise determined by Sendoff.

All Charges are due immediately and payment will be facilitated by Sendoff using the Stripe payments service, after which Sendoff will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Sendoff may, as the FSP’s limited payment collection agent, use a secondary payment method for your Account, if available.

As between you and Sendoff, Sendoff reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Sendoff’s sole discretion.

Further, you acknowledge and agree that Charges applicable in certain geographical areas may vary. Sendoff will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Sendoff may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

This payment structure is intended to fully compensate the FSP for the services or goods provided.

After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your FSP

5. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SENDOFF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SENDOFF MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SENDOFF DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE FSP. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

SENDOFF SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SENDOFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SENDOFF SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:

• YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR
• ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY FSP, EVEN IF SENDOFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SENDOFF SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SENDOFF’S REASONABLE CONTROL.

SENDOFF’S SERVICES MAY BE USED BY YOU TO: arrange, book, manage, select, review information and order services related to the planning of a funeral.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

You agree to indemnify and hold Sendoff and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:

• your use of the Services or services or goods obtained through your use of the Services;
• your breach or violation of any of these Terms;
• Sendoff’s use of your User Content; or
• your violation of the rights of any third party, including any FSP.

6.      Intellectual property rights

All content, data and trademarks, including, but not limited to, software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, program, publications, products, processed, or ideas described in this website may be the subject of other rights, including other intellectual property rights, which are the property of or licensed to Sendoff, and as such are protected from infringement by South African legislation and international treaties and conventions. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this website are expressly reserved.

7          Governing Law

This Website is controlled, operated and administered by Sendoff from its offices within the Republic of South Africa. Sendoff makes no representation that the content of the Website is appropriate or available for use in other locations or countries. Access to the Website from territories or countries where the content is illegal is prohibited. You may not use this Website in violation of South African export laws and regulations. If you access this Website from locations outside of South Africa, you are responsible for compliance with all local laws.

The Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the High Court of South Africa in the event of any dispute.

If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be severed from the remaining Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.

These Terms and Conditions constitute the entire agreement between Sendoff and you with regard to the use of the content, the App and this Website

8. Other Provisions

8.1 Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Sendoff. Please visit Sendoff’s web page https://sendoff.app/contact-us for any such claim.

8.2 Notice.

Sendoff may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Sendoff by written communication to Sendoff’s address: 66 Carr Street, Newtown Johannesburg 2113.

8.3 General.

You may not assign or transfer these Terms in whole or in part without Sendoff’s prior written approval. You give your approval to Sendoff for it to assign or transfer these Terms in whole or in part, including to:

• a subsidiary or affiliate;
• an acquirer of Sendoff’s equity, business or assets; or
• a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Sendoff or any Third Party Provider as a result of the contract between you and Sendoff or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected.

In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”