Welcome to Lancer (Pty) Ltd (Lancer, “We”, “Us”, “Our”) mobile device software application (the Lancer Software”), website, and any other mobile or web services or applications owned, controlled, or offered by Lancer now or in the future (collectively, the Lancer Services”). For clarity, any reference herein to Lancer Services'' includes the Lancer Software.” Users who access, download or use the Lancer Services (collectively or individually “You” or “Your” or “User” or “Users”) must do so under the following Terms and Conditions of Service (this “Agreement”).
This Agreement provides the rules for your use of the Lancer Services — designed to create a safe, authentic, and law-abiding community for our users. By using the Lancer Services, you are agreeing to be bound by the terms of this Agreement, including our Privacy Policy, so it is important that you read this agreement carefully before you create an account. We may also update this Agreement from time to time, so please check back regularly for updates. In addition, please note that, by using the Lancer Services, you agree that we may use your personal data as set forth in our Privacy Policy.
SECTION 22 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION PROVISION IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS NAME OR REPRESENTATIVE PROCEEDING;
YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 22 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
We recommend that you save a copy of this Agreement for your records. You may receive a copy of this Agreement by emailing Us at:lancersoftwares@gmail.com, Subject: Terms of Service Agreement.
THERE IS NO SPECIFIC AGE LIMIT FOR FREELANCING, BUT YOU MUST BE AT LEAST 18 YEARS OLD TO ENTER INTO A LEGALLY BINDING CONTRACT. IF YOU ARE UNDER 18, YOU WILL BE ABLE TO USE LANCER, ONLY AT THE AGE OF (+13) BUT YOU MUST HAVE A PARENT OR GUARDIAN’S PERMISSION AND SUPERVISION.
BY ACCEPTING THIS AGREEMENT, CREATING A USER ACCOUNT (AS DEFINED BELOW), AND ENTERING A DATE OF BIRTH FOR AGE VERIFICATION PURPOSES, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT:
YOU ARE CURRENTLY THIRTEEN (13+) YEARS OF AGE OR OVER (OR EIGHTEEN (18) YEARS)YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT;
YOU ARE NOT ON ANY LIST OF SOUTH AFRICAN GOVERNMENT LIST OF PROHIBITED OR RESTRICTED LISTS. SAFETY; YOUR INTERACTIONS WITH OTHER MEMBERS; NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS. PLEASE NOTE THAT LANCER DOES NOT CONTROL ANY OF THE THINGS OUR USERS SAY OR DO.
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE LANCER SERVICES AND YOUR INTERACTIONS WITH OTHER USERS (WHETHER ON OR OFF THE Lancer SERVICES). LANCER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS.
LANCER DOES NOT CURRENTLY CONDUCT CRIMINAL OR OTHER BACKGROUND SCREENINGS OF OUR USERS. LANCER RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.
LANCER MIGHT INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR ATTEMPT TO VERIFY THE INFORMATION PROVIDED BY OUR USERS IN CONNECTION WITH ACCOUNT VERIFICATION, INCLUDING THE ACCURACY OF THE DATE OF BIRTH REPORTED FOR AGE VERIFICATION PURPOSES.
LANCER DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS WITH RESPECT TO USERS’ IDENTITY, HEALTH, PHYSICAL CONDITION, OR OTHERWISE.
YOU UNDERSTAND THAT LANCER IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL CONSEQUENCES.
WARNING: IMPORTANT DISCLAIMER ABOUT LOCATION DATA:
AS EXPLAINED IN OUR PRIVACY POLICY, SOPHISTICATED USERS WHO USE THE LANCER APP IN AN UNAUTHORIZED MANNER, OR OTHER USERS WHO CHANGE THEIR LOCATION WHILE YOU REMAIN IN THE SAME LOCATION, MAY USE DISTANCE INFORMATION TO DETERMINE YOUR EXACT LOCATION AND MAY BE ABLE TO DETERMINE YOUR IDENTITY.
THE LANCER SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE LANCER SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
LANCER IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES. INTERNATIONAL USERS.
Use Outside South Africa: The Lancer Services are controlled and offered by Lancer from South Africa and, regardless of Your place of residence, Your use of them is governed by the law of South Africa. Lancer makes no representations that the Lancer Services are appropriate for use in other locations or are legal in all jurisdictions.
Those who access or use the Lancer Services from other locations do so at their own risk and are responsible for compliance with local law. You agree and acknowledge that You are transferring Your data for processing in South Africa and other jurisdictions throughout the world that may not afford the same protections as your country of residence.
Please see our Privacy Policy for more information on how we collect, use, and transfer Your data.
English Language: In the event of a discrepancy between this English language version of this Agreement and any translated copies of this Agreement, the English version shall prevail.
YOUR ACCOUNT REGISTRATION; YOUR ACCOUNT USE:
Your Account Registration: If You create an account on any of the Lancer Services (a “User Account”) and submit information to Us, You must ensure that such information is accurate and promptly updated as necessary. For example, as set forth in Section 1.2, by accepting this Agreement and creating a User Account, You affirmatively represent and warrant that You are a legal adult and that You have entered your accurate date of birth for age verification purposes.
Accounts are for Your Personal, Individual Use Only: You may not use anyone else’s account at any time. You may not buy, sell, rent, or lease access to Your User Account or Your username without Our written permission. You will not share or otherwise transfer Your User Account or credentials.
Security of Your Account: You are entirely responsible for maintaining the confidentiality of Your password and account. You agree to notify Lancer immediately of any unauthorized use of Your account or any other breach of security.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from Lancer is free of viruses or other harmful components.
Lancer is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
We Have No Obligation to Retain a Record of Your Account: Lancer has no obligation to retain a record of Your account or any data or information that You may have stored for Your convenience by means of Your account or the Lancer Services. The Lancer Services are not intended for data storage. You are solely responsible for backing up your data (e.g., separately saving the contact information of individuals you meet through the Lancer Services).
PRIVACY POLICY: Lancer takes user privacy and data security very seriously. We have a separate policy — the Privacy Policy — about our policies and practices that You should read. For information about how Lancer collects, uses, and shares your personal data, please check out our Privacy Policy. By using the Lancer Services, you agree that we may use your personal data as set forth in Our Privacy Policy.
SERVICE MODIFICATIONS: We reserve the right, at Our discretion, to modify, add, or discontinue the Lancer Services or any portion thereof, at any time, for any reason, and without liability to You except as provided in this Section 7.
However, We reserve the right to make such modifications, additions, or discontinuances without such notice if needed to comply with law, protect or enforce legal rights, or otherwise to address or prevent an emergency.
If We make material changes to the Premium Services that: (a) reduce the functionality available to You on such Premium Service and (b) are mandatory (i.e., do not require You to update the Lancer Software to become effective); You may terminate Your account accordingly within ten (10) days of such modifications (as provided in Section 10.3) and receive a pro-rata refund for any amounts prepaid but unused for such Premium Services.
We reserve the right at any time to charge fees for access to all or portions of the Lancer Services and change any such pricing at any time provided that any changes will not affect the fees for any Premium Services that You have already paid for.
OUR OWNERSHIP; OUR PROPRIETARY RIGHTS: The Lancer Services are owned and operated by LANCER (PTY) LTD. The Lancer Services, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including the mobile device applications, and all other elements of the Lancer Services (collectively, the “Materials”) are protected by the South African copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
All Materials contained in the Lancer Services are the property of Lancer or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Lancer Services are proprietary to Lancer or its affiliates and/or third-party licensors. Except as expressly authorized by Lancer under this Agreement, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise use the Materials.
GUIDELINES OF YOUR USE; USAGE RULES; PROHIBITED CONDUCT & USES.
WE MAY DELETE YOUR SUBMISSIONS AND WE MAY BAN YOUR ACCOUNT: Lancer may require that You delete, or Lancer may delete, any User Content (as defined below) at any time for any reason, or no reason whatsoever. Any violation of the Guidelines or this Agreement by Your User Content, as determined by Lancer, may result in Your User Account being banned and may lead to the termination of Your access to the Lancer Services.
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS REGARDING PROHIBITED CONDUCT AND USES:
You will NOT use the Lancer Services if You are not a legal adult; You will NOT communicate with another user that You know or believe may not be a legal adult; and You will immediately report any underage profiles on the Lancer Services;
You will NOT engage in any behavior that violates the Guidelines or other policies applicable to the Lancer Services;
You will NOT use the Lancer Services or any information displayed within the Lancer Services to “stalk,” harass, abuse, defame, threaten, defraud, or otherwise mistreat other Users;
You will NOT violate the privacy or other rights of Users, or collect, attempt to collect, store, or disclose without permission the location or personal information about other Users;
You will NOT include obscene, offensive, pornographic, or violent materials, or materials that may otherwise offend human dignity (including, for example, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, disability, sexual orientation, gender expression, gender identity, or physical appearance) on Your Lancer Services personal profile page or in your posts;
You will NOT use the Lancer Services for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control;
You will NOT make unsolicited offers, advertisements, proposals, or send junk mail to other Users of the Lancer Services. This includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
You will NOT impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Lancer User Accounts of other Users;
You will NOT misrepresent the source, identity, or content of information transmitted via the Lancer Services;
You will NOT display the Lancer application or profile data on any external display or monitor or in any public setting;
You will NOT remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Lancer Services, features that prevent or restrict use or copying of any content accessible through the Lancer Services, or features that enforce limitations on use of the Lancer Services;
You will NOT intentionally interfere with or damage operation of the Lancer Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
You will NOT post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful;
You will NOT post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person;
You will NOT use the Lancer Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real-time route guidance, fleet management, or similar applications;
You will NOT use the Lancer Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Lancer Services could lead to death, personal injury, or physical or property damage;
You will NOT attempt to gain unauthorized access to the Lancer Services, or any part of it, other accounts, computer systems or networks connected to the Lancer Services, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Lancer Services or any activities conducted on the Lancer Service;
You will NOT probe, scan, or test the vulnerability of the Lancer Services or any system or network; use any robot, spider, scraper or other automated means to access the Lancer Services;
You will NOT use the Lancer Services for any purpose without Our express written permission;
You will NOT bypass Our robot exclusion headers or other measures that We may use to prevent or restrict access to the Lancer Services;
You will NOT modify the Lancer Services in any manner or form;
You will NOT use or develop any application or other product that interacts with the Lancer Services or provides access to other Users’ content or information without Our written permission;
You will NOT use modified versions of the Lancer Services, including for the purpose of obtaining unauthorized access to the Lancer Services;
You will NOT interfere with anyone’s ability to use or enjoy the Lancer Service;
You will NOT aid or encourage any activity prohibited by this Agreement.
PREMIUM SERVICES; PURCHASES
Premium Services: Certain Services, such as Lancer Plus or Lancer Premium, may be available only through creation of a User Account and payment of a fee (“Premium Services”). Through such accounts, You will have access to such Premium Services for a fixed term, which will automatically renew. The term, renewal period, and the total cost of each Premium Services offering will be provided within the Lancer Services or otherwise where the Premium Services are offered.
PREMIUM SERVICES AUTOMATICALLY RENEW: PREMIUM SERVICES AUTOMATICALLY RENEW CONTINUOUSLY AT THE END OF YOUR SUBSCRIPTION PERIOD, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT RENEWAL PRICE (PLUS APPLICABLE TAXES) AUTOMATICALLY, WITHOUT ANY ADDITIONAL ACTION BY YOU. YOU ACKNOWLEDGE AND AGREE THAT THE PREMIUM SERVICES AUTOMATICALLY RENEW UNLESS YOU CANCEL THEM OR WE SUSPEND OR TERMINATE THEM IN ACCORDANCE WITH THIS AGREEMENT.
CANCELLATION POLICY: YOU MAY CANCEL YOUR PREMIUM SERVICES AT ANY TIME, SUBJECT TO THE TERMS OF THIS AGREEMENT. IN ORDER TO CANCEL, YOU MUST FOLLOW THE INSTRUCTIONS GIVEN IN THE Lancer SERVICES. THERE ARE NO CANCELLATION FEES. INSTRUCTIONS FOR CANCELING PREMIUM SERVICES ARE SET FORTH HEREIN OR BY EMAILING help@getlancer.co.za.
Trial Premiums: Access to Lancer Premium Services may from time to time be made available on a time-limited free trial basis (a “Trial” or “Trial Premiums”). Please note that this Agreement also applies to any Trial. You may be asked to provide Your credit or debit card information when registering for a Trial.
In such an event, Your credit or debit card will only be charged if You do not cancel Your Trial before the end of the Trial period. If We ask for Your credit or debit card information and You do not affirmatively cancel before the end of the Trial, then Your Trial may be converted into a paid subscription and Your credit or debit card may be charged the subscription fee in effect at the time Your Trial first began.
Trial Premiums are not available to former Users of Premium Services or Users who have previously received a free trial and canceled it prior to paying for Premium Services.
Purchases: We reserve the right to correct errors (whether by changing information on the Lancer Services or by informing You of the error and giving You an opportunity to cancel Your order) or to update information at any time without notice. We may grant or deny cancellation requests for individual orders in Our sole and absolute discretion. All sales are final.
Promo Codes: Lancer may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Lancer at any time in Our sole discretion.
Payments Are Non-Refundable: Unless expressly provided otherwise in this Agreement (including Section 25 where You are a resident in certain states in the United States and the Special Terms where You are a resident of certain countries), any and all payments made to Lancer are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due, except as otherwise expressly provided in this Agreement.
Taxes: Unless specified otherwise at the time of purchase, all payments to Lancer are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies, or duties.
Microtransactions: From time to time, You may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to certain add-on features for use solely in the Lancer Services (collectively, “Microtransactions”). Lancer reserves the right to charge fees, in its sole discretion, for the right to access or use add-on features and/or may distribute add-on features with or without charge. Lancer may manage, regulate, control, modify or eliminate Microtransactions and/or add-on features at any time. Any add-on feature balance shown in Your User Account does not constitute a real-world balance or reflect any stored value but instead constitutes a measurement of the extent of Your license.
Add-on features do not incur fees for non-use; however, the license granted to You from Microtransactions will terminate in accordance with the terms of this Agreement when We cease providing the Lancer Services or Your User Account is otherwise closed or terminated. Lancer shall have no liability to You or any third party in the event that Lancer exercises any such rights. The provision of add-on features for use in the Lancer Services is a service that commences immediately upon the acceptance of such Microtransactions.
ALL MICROTRANSACTIONS MADE THROUGH THE LANCER SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT LANCER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ADD-ON FEATURES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
YOUR USAGE.
You acknowledge that some of the Lancer Services may only be accessed by downloading the Lancer Software to a mobile device. You will not have the opportunity to view Some of Your User Content (including marketplace or discover) unless You have downloaded the Lancer Software and registered an account.
LANCER RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY USER’S USE OF THE Lancer SERVICES, INCLUDING A USER’S REGISTRATION OR MESSAGING, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, LANCER ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE Lancer SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE OR OUR BEING LIABLE TO YOU. REFUNDS WILL ONLY BE GIVEN WHERE EXPRESSLY PROVIDED IN THIS AGREEMENT.
You alone are responsible for Your involvement with other Users and for all content and material that You provide to the Lancer Services. You agree that Lancer will not be responsible for any loss or damage incurred as the result of any such interactions. Lancer reserves the right, but has no obligation, to monitor disagreements between You and other Users.
Lancer does not control the content of User Accounts and profiles. Lancer has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that You are solely responsible for all content and material that You provide to the Lancer Services.
OUR REFUSAL OR SUSPENSION OF YOUR SERVICE
You may terminate Your Account at any time for any reason, by following the instructions given in the Lancer Services. Upon the cancellation of Your account, this Agreement will immediately terminate, except as provided in Section 25 below. If You have a User Account set up for recurring billing for a Premium Service, You may cancel Your User Account at any time. You will continue to have the same access for any billing period or periods for which You have paid.
Lancer may suspend or terminate any User Account You have with the Lancer Services or Your access to or use of the Lancer Services or any portion thereof, if Lancer believes that Your profile content or Your conduct within the Lancer Services violates Our Terms of Service or you have otherwise breached this Agreement, or for any other reason, in its sole discretion, subject to Sections 12..4 and 12.5 below. Lancer may also remove and discard all or any part of Your User Account or any User Content (as defined below), at any time. You agree that any termination of Your access to the Lancer Services or any User Account You may have or portion thereof may be effected without prior notice (except as provided in Section 12.4 below), and You agree that Lancer will not be liable to You or any third party for any such termination and refunds will only be given where expressly provided in this Agreement (including Section 12.5 below).
For example, We may deactivate Your User Account due to prolonged inactivity. Without limitation of our other rights, We reserve the right to delete all Your User Content from the Lancer Services upon any termination or cancellation of Your User Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the Lancer Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Lancer may have at law or in equity.
If you have paid for a Premium Service, Lancer will give you at least 30 days’ notice of termination of Your access
USER CONTENT:
The Lancer Services allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by You and other Users to Lancer and other Users (“User Content”), and the hosting, sharing and/or publishing of such User Content with Lancer and other Users.
As set forth in Section 2 above, You are solely responsible for Your own User Content, the consequences of posting or publishing User Content, and for Your interactions with other users.
In connection with User Content, You represent and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Lancer to use, all intellectual property and any other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Lancer Services and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Lancer Services and this Agreement. For clarity, You shall retain all of Your ownership rights in Your User Content.
You understand that when using the Lancer Services, You will be exposed to User Content from a variety of sources, and that Lancer is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable.
Lancer assumes no responsibility whatsoever in connection with or arising from User Content. Lancer assumes no responsibility for actively monitoring User Content for inappropriate content. If at any time Lancer chooses, in its sole discretion, to monitor User Content, Lancer nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting User Content. Further, Lancer does not endorse and has no control over the content of User Content submitted by other Users.
Lancer makes no warranties, express or implied, as to the content of User Content or the accuracy and reliability of any User Content. Nonetheless, Lancer reserves the right to prevent You from submitting User Content and to edit, restrict or remove User Content for any reason at any time.
User Content is owned by the User who submitted it, subject to Lancer’s license to such User Content under this Agreement. You may not share, display or duplicate the User Content of any other party, except as permitted under this Agreement.
You hereby grant, and You represent and warrant that You have the right to grant, to Lancer an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your User Content, (through unlimited tiers of sublicenses), solely for the purposes of including Your User Content in the Lancer Services and as otherwise permitted by this Agreement.
You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content. You also hereby grant to Lancer, in connection with a sale of Lancer or the assets of Lancer, the right to sell or transfer the User Content to a third party. Please see Our Privacy Policy for additional information about the use, collection, or sharing of Your information, including User Content.
If You provide Lancer with any feedback or suggestions regarding the Lancer Services (“Feedback”), You hereby grant Lancer the perpetual, irrevocable, worldwide license (with the right to sublicense) to use such Feedback and related information in any manner it deems appropriate. Lancer will treat any Feedback You provide to Lancer as non-confidential and non-proprietary to You. Lancer will have no obligation under any circumstances to compensate You for any Feedback. You agree that You will not submit to Lancer any information or ideas that You consider to be confidential or proprietary, or for which You expect to be compensated.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Lancer Services may include links to other web sites or services, whether through advertising or otherwise, (“Third-Party Websites”) solely as a convenience to Users. Lancer does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites.
Furthermore, Lancer makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites.
Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at Your own risk. We do not control these Third-Party Websites and this Agreement does not apply to companies that Lancer does not own or control, or to the actions of people that Lancer does not employ or manage. You should always check the terms of use posted on Third-Party Websites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Lancer Services are solely between You and such advertiser. You agree that Lancer will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Lancer Services.
Parties other than Lancer may provide services or sell products via the Lancer Services. We are not responsible for examining or evaluating, and We do not warrant the offerings of any of these businesses or the content of their product and service offerings. Lancer does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the third parties’ privacy statements and other terms and conditions of use.
By Your use of third-party applications that connect with the Lancer Services (“Third-Party Applications”), You acknowledge and agree that Lancer may transmit User Content to Third-Party Websites or Third-Party Applications through application protocol interfaces developed and maintained by those Third-Party Websites or Third-Party Applications.
Lancer is not responsible for the transmission of the User Content from the Lancer Services to Third-Party Websites or Third-Party Applications, nor the use of the User Content on any Third-Party Websites or Third-Party Applications. You should review the terms of service and privacy policies of any Third-Party Websites or Third-Party Applications.
Please remember the way Third-Party Applications use, store, and disclose your information is governed solely by the policies of those Third-Party Applications, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services.
Lancer is not responsible for and does not endorse any features, content, or other materials on or available from Third-Party Sites or Third-Party Applications. Lancer also does not screen, audit, or endorse Third-Party Sites or Third-Party Applications. Accordingly, if You decide to access Third-Party Sites or Third-Party Applications, You do so at Your own risk and agree that Your use of any Third-Party Sites or Third-Party Applications is on an “as-is” basis without any warranty as to the Third-Party Sites or Third-Party Applications’ actions, and that this Agreement does not apply to Your use of any Third-Party Sites or Third-Party Applications.
You acknowledge and agree that Lancer may incorporate Your User Content and location information for User Accounts from the Lancer Services with third-party information sources and third-party applications in the provisioning of the Lancer Services.
To the extent that any of Your User Content contains Your personal data (as defined in the Privacy Policy), any transfer of such personal data will be subject to Out Privacy Policy and the Third-Party's privacy policy.
ADVERTISING: Lancer and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice or Our being liable to You.
END USER LICENSES
Mobile Device: To use the Lancer Software You must have a mobile device that is compatible with the Lancer Services. Lancer does not warrant that the Lancer Services will be compatible with Your mobile device. You are responsible for any mobile charges that You may incur for using the Lancer Services, including text-messaging, roaming charges, and data charges. If You are unsure about the charges that will apply, please contact Your mobile service provider before using the Lancer Services.
License Grant: Subject to Your compliance with the terms of this Agreement, Lancer hereby grants You a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the Lancer Software for Your Account on a mobile device owned or leased solely by You, for Your personal, noncommercial use and (ii) use the Lancer Services (other than the Lancer Software) for Your personal, noncommercial use for the use intended by Lancer, as publicly communicated by Lancer from time to time.
Restrictions: You may NOT:
Upgrades: You acknowledge that Lancer may from time-to-time issue upgraded versions of the Lancer Services, and may automatically electronically upgrade the version of the Lancer Services that You are using on Your mobile device or otherwise. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that Lancer will not be liable to You for any such upgrades.
Open Source: To the extent that the Lancer Services utilize any open source or third-party code that may be incorporated in the Lancer Services, such open source or third-party code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
Rights Reserved: The foregoing license granted under this Agreement is not a sale of the Lancer Services or any copy thereof and Lancer or its third-party partners or suppliers retain all right, title, and interest in the Lancer Services (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Lancer reserves all rights not expressly granted under this Agreement.
Trademarks, Service Marks and Logos: The names and logos associated with the Lancer Services are the property of Lancer. No use of these marks is permitted except through the prior written authorization and permission of Lancer. All rights reserved.
Government End Users: The Lancer Services are intended for the use by individuals, not government entities. If Lancer authorizes the use of the Lancer Services on behalf of the Republic of South Africa Government or the South African Government uses the Lancer Service without authorization, then use, duplication, display, modification, reproduction, release, performance, distribution and disclosure of the Lancer Services (or portion thereof) by the RSA. Otherwise, nothing in this Agreement or otherwise will give a government user rights to the Lancer Services broader than those set forth in this Agreement.
Export Control: The Lancer Services originate in the United States and are subject to United States export laws and regulations. The Lancer Services may not be exported or re-exported by You to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Lancer Services may be subject to the import and export laws of other countries. You agree to comply with all South African and foreign laws related to use of the Lancer Services.
App Stores: You acknowledge and agree that the availability of the Lancer Services is dependent on the third party from which You received the Lancer Services, e.g., the Google Play Store or Apple App Store (each, an “App Store”). You acknowledge that this Agreement is between You and Lancer and not with the App Store. Each App Store may have its own terms and conditions to which You must agree before downloading the Lancer Services from it. You agree to comply with, and Your license to use the Lancer Services is conditioned upon Your compliance with, all applicable terms and conditions of the applicable App Store.
OUR DISCLAIMERS; NO WARRANTIES TO YOU
CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. PLEASE REFER TO THE “SPECIAL TERMS FOR INTERNATIONAL USERS” FOR CERTAIN EXCEPTIONS FOR SUCH USERS.
THE LANCER SERVICES AND ANY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Lancer SERVICES ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
Lancer and its suppliers, affiliates, and licensors, disclaim all warranties, express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Lancer and its suppliers and licensors, do not warrant that the functions contained in the Lancer Services will be uninterrupted or error-free, that defects will be corrected, or that the Lancer Services or the server that makes them available are free of viruses or other harmful components.
Lancer and its suppliers and licensors (including Lancer third-party wireless carrier licensors) do not warrant or make any representations regarding the use or the results of the use of any location information or the other Lancer Services in terms of security, safety, correctness, accuracy, reliability, or otherwise. You (and not Lancer or its suppliers or licensors) assume the entire cost of any necessary services or equipment necessary to access the Lancer Services.
You understand and agree that you download or otherwise obtain material or data through the use of the Lancer Services at your own discretion and risk.
LANCER TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE LANCER SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LANCER SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
LANCER DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE Lancer SERVICES.
YOUR INDEMNIFICATION OF US; YOU HOLD LANCER HARMLESS
You agree, to the fullest extent permitted under applicable law, to indemnify, defend, and hold Lancer (and its affiliated companies, contractors, employees, agents, suppliers, licensors, successors, and assigns) harmless from any and all claims, demands, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees or any right of contribution, indemnification, subrogation, or any similar right, brought by a third party arising out of or in any way related to:
Lancer reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and Your use of the Lancer Services.
LIMITATION OF OUR LIABILITY AND OF YOUR DAMAGES:
CERTAIN PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE PROVISIONS BELOW MAY NOT APPLY TO YOU. PLEASE REFER TO THE SPECIAL TERMS FOR CERTAIN EXCEPTIONS FOR SUCH USERS.
You acknowledge and agree that, to the fullest extent permitted by applicable law, under no circumstances, including negligence, will Lancer (which includes, for purposes of this section 19, its affiliates, contractors, employees, agents, or third-party licensors or suppliers) be liable to You for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from:
You agree that the limitations of liability set forth in this section will survive any termination or expiration of this Agreement and, to the extent permitted by law, will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
In no event shall Lancer’s (or its affiliates’, contractors’, employees’, agents’, suppliers’, or third-party licensors’ or suppliers’) total liability to You for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the Lancer Services (whether in contract, tort (including negligence), warranty, or otherwise) exceed
THE AMOUNTS PAID BY YOU FOR ACCESSING THE LANCER SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.
THIS SECTION 19 IS NOT INTENDED TO EXCLUDE LIABILITY THAT Lancer MAY NOT EXCLUDE UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH LANCER. YOU ACKNOWLEDGE AND AGREE THAT LANCER HAS OFFERED THE Lancer SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LANCER, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LANCER.
LANCER WOULD NOT BE ABLE TO PROVIDE THE Lancer SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
YOU RELEASE US:
To the fullest extent permitted by applicable law, You hereby release and forever discharge Us (and Our affiliated companies, contractors, employees, agents, suppliers, licensors, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, property loss and damage, or any right of contribution, indemnification, or subrogation), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to:
RESOLVING OUR DISPUTES; AGREEMENT TO ARBITRATE:
Please read the following arbitration provision in this carefully. Unless you opt out in the manner described in subsections 12 and 13 below, this arbitration provision requires you to arbitrate disputes with Lancer and limits the manner in which you seek relief from us.
You and Lancer agree that any dispute that has arisen or may arise between us relating in any way to Your use of or access to the Lancer Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to Lancer in any way (collectively, “Covered Dispute Matters” or “Disputes”) will be resolved in accordance with the provisions set forth in this Section 22.
Informal Resolution: You and Lancer agree that good faith, informal efforts to resolve Disputes can result in a prompt, low-cost, and mutually-beneficial outcome. You and Lancer therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via video conference, in a good faith effort to resolve informally any Dispute covered by this arbitration provision (“Informal Dispute Resolution Conference” or “Conference”).
If You are represented by counsel, Your counsel may participate in the conference, but You will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate a Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties.
Notice to Lancer that You intend to initiate a Conference should be sent by email to support@getlancer.co.za. The Notice must include:
The Conference shall be individualized such that a separate Conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Conference unless all parties agree. In the time between a party receiving the Notice and the Conference, nothing in this arbitration provision shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Conference process required by this section.
Our Arbitration: You and We agree that this provision and each of its parts evidence a transaction involving interstate commerce, and the FAA applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Dispute Matter must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel).
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include:
By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances that:
(1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution;
(2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and
(3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
The arbitrator will be either a retired judge or an attorney licensed to practice law in South Africa and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under subsection 9 is triggered, the AAA will appoint the arbitrator for each batch.
Unless you and Lancer otherwise agree, or the Batch Arbitration process discussed in subsection 9 below is triggered, the arbitration will be conducted in the county where you reside. You and We agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable or a particular claim is subject to arbitration, except for the following:
The Arbitrator’s Award to You or Us:
You and We agree that for matters where the relief sought is over R50 000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.
The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same Lancer User to the extent required by applicable law. You and We agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Injunctive and Declaratory Relief: Subject to this Arbitration provision, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 9 entitled “Batch Arbitration.”
Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of className and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), You and Lancer agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in South Africa.
All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent You or Lancer from participating in a className-wide settlement of claims.
Exceptions To Our Agreement To Arbitrate Disputes: There are only two exceptions to this provision to arbitrate:
Costs of Arbitration: You and We agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this provision to arbitrate. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the dispute or the relief sought in the request for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Batch Arbitration: To increase the efficiency of administration and resolution of arbitrations, You and Lancer agree that in the event that there are one hundred (100) or more individual requests for arbitration of a substantially similar nature filed against Lancer by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall
Batch Arbitration: To increase the efficiency of administration and resolution of arbitrations, You and Lancer agree that in the event that there are one hundred (100) or more individual requests for arbitration of a substantially similar nature filed against Lancer by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall
All parties agree that requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”).
In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Lancer.
You and Lancer agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a className, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this subsection.
Future Amendments to the Agreement to Arbitrate: Notwithstanding any provision in this Agreement to the contrary, You and We agree that if We make any amendment to this Agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Lancer prior to the effective date of the amendment.
However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between You and Lancer. If You do not agree to these amended terms, You may close Your User Account within thirty (30) days of the posting or notification and You will not be bound by the amended terms.
Changes to this arbitration agreement do not provide You with a new opportunity to opt out of the arbitration agreement if You have previously agreed to a version of this Agreement and did not validly opt out of arbitration.
Venue for Arbitration: Any arbitration instituted pursuant to these Terms shall be held in South Africa or such other place as the Parties may mutually agree, including via video conference.
Judicial Forum for Legal Disputes: Unless You and We agree otherwise and except as described in Section 22.2 (Small Claims Court), in the event that the agreement to arbitrate above is found not to apply to You or to a particular claim or dispute, either as a result of Your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because You are an international user to which this agreement to arbitrate does not apply, You agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between You and Lancer must be resolved exclusively by a national or provincial court located in South Africa. You and Lancer agree to submit to the exclusive personal jurisdiction of the courts located within South Africa, for the purpose of litigating all such claims or disputes.
Arbitration Severability Clause: If any part or parts of this Arbitration Provision are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement will remain in full force.
WAIVER OF CERTAIN RIGHTS: BY AGREEING TO THIS AGREEMENT, YOU AND LANCER HEREBY IRREVOCABLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE).
YOU ALSO AGREE THAT YOU CANNOT SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS NAME OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT EXCEPT AS SPECIFIED IN SUBSECTION 9 OF THIS SECTION ABOVE.
You and Lancer are instead electing that all Disputes shall be resolved by arbitration under this arbitration provision, except as specified in subsection 9 above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. This subsection does not prevent You or Lancer from participating in a className-wide settlement of claims.
STATUTE OF LIMITATIONS FOR YOUR CLAIMS
You and Lancer further agree that any Dispute that either has as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
NOTICE AND TAKEDOWN POLICY
Lancer respects intellectual property rights and expects its Users to do the same. Lancer will promptly terminate without notice the accounts of Users that are determined by Lancer to be “repeat infringers.”
A repeat infringer is a User who has been notified by Lancer of infringing activity violations more than twice and/or who has had a User Content removed from the Lancer Services more than twice. (Note that we reserve the right to terminate accounts for a single infringement as well pursuant to Section 8).
If You are a copyright owner or an agent thereof, and You believe that any content hosted on any Lancer Services infringes Your copyrights, then You may submit a notification by providing Lancer’s Designated Copyright Agent with the following information in writing:
Lancer’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
LANCER (Pty) Ltd
Attention: Copyright Agent
Email: lancersoftwares@gmail.com
For clarity, only notices under this Section should go to the Lancer Designated Copyright Agent. You acknowledge that if You fail to comply with all of the requirements of this Section 23, Your DMCA notice may not be valid. Please note that under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
APPLE APP STORE ADDITIONAL TERMS AND CONDITIONS
The following additional terms and conditions apply to You if You are using Lancer Software from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 24, the more restrictive or conflicting terms and conditions in this Section 24 apply, but solely with respect to Lancer Software from the Apple App Store:
Acknowledgement: Lancer and You acknowledge that this Agreement is concluded between Lancer and You only, and not with Apple, and that Lancer, not Apple, is solely responsible for Lancer Software and the content thereof.
To the extent this Agreement provides for usage rules for Lancer Software that are less restrictive than the Usage Rules set forth for Lancer Software in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.
Scope of License: The license granted to You for Lancer Software is limited to a non-transferable license to use Lancer Software on an iOS product that You own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support: Lancer is solely responsible for providing any maintenance and support services with respect to Lancer Software, as specified in this Agreement (if any), or as required under applicable law.
Lancer and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Lancer Software.
Warranty: Lancer is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed.
In the event of any failure of Lancer Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for Lancer Software to You; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Lancer Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Lancer’s sole responsibility.
Product Claims: Lancer and You acknowledge that Lancer, not Apple, is responsible for addressing any claims of You or any third party relating to Lancer Software or Your possession and/or use of Lancer Software, including:
This Agreement does not limit Lancer’s liability to You beyond what is permitted by applicable law.
Intellectual Property Rights: Lancer and You acknowledge that, in the event of any third-party claim that Lancer Software or Your possession and use of Lancer Software infringes that third party’s intellectual property rights, Lancer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Developer Name and Address: Lancer’s contact information for any end-user questions, complaints or claims with respect to Lancer Software is set forth in Section 26.7 below.
Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using Lancer Software.
Third-Party Beneficiary: Lancer and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
MISCELLANEOUS PROVISIONS
Severability, Waiver of Agreement Provisions: You and We agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Updates To Agreement: The latest version of these Terms will always be available at https://www.getlancer.co.za/terms-and-conditions and will govern your use of the Lancer Services.
Lancer may revise this Agreement from time to time. If Lancer determines, in its sole discretion, that the changes We make to this Agreement are material, We will notify You in advance (e.g., within the App or via email).
Lancer may revise this Agreement from time to time. If Lancer determines, in its sole discretion, that the changes We make to this Agreement are material, We will notify You in advance (e.g., within the App or via email).
Notices: Lancer may provide You with notices, including those regarding changes to this Agreement, by email or postings on the Lancer Services. You hereby consent to the use of electronic communications. To give Lancer notice, you may do so through the physical and email addresses provided in Section 26.7 and such notice will be effective upon receipt.
You May Not Assign, But Lancer May:
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You. However, Lancer may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party.
You hereby acknowledge and agree that if another company acquires Our company, business, or Our assets, that transaction may include a sale or transfer of Your User Content, and You agree to such transfer without further action or confirmation.
Survival of Provisions:
The following Sections will survive any termination of this Agreement or any termination of Your use of or subscription to the Lancer Services: 1-4, 5.3, 5.4, 6-8, 10.6, 10.7, 11, 13-15, 16 (excluding 16.2), 17-24, and 26.
No Third-Party Beneficiaries.
Lancer’s past, present, and future affiliates (i.e., companies controlling, controlled by, or under common control with Lancer) are third-party beneficiaries of all the rights, protections, and benefits afforded Lancer under this Agreement, including Section 21. Otherwise, there are no third-party beneficiaries to this Agreement.
Headings; Entire Agreement.
The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation.” This Agreement is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing, agreed to by both parties.
Our Disclosures; Your Inquiries.
The services hereunder are offered by Lancer (Pty) Ltd. If you have a question or complaint, you may reach us at: lancersoftwares@gmail.com
Effective Date:
The earlier of January 29, 2024, or user acceptance.