Right of Use
We hereby authorise and give consent to you to use this App and to explore and interact with the materials contained on this App. You acknowledge that this App is for the sole purpose of joining Max’s Fun Club and interacting on the Max’s Fun Club App.
We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
Should you use this App, we may require you to provide us with personal information which includes but is not limited to your name and surname, your ID number, your email address, your postal code, your mobile number and your date of birth.
Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
Other than provided for in Law (see below), we will not, without your express consent use your personal information for any purpose other than as set out below:
- in relation to Max’s Fun Club and the use of the Max’s Fun Club App;
- to inform you of new features, special offers and changes with regards to the App specifically; and
- to maintain and improve the App for the benefit of all App Users.
We will not disclose your personal information to any third party other than as set out below:
- to our employees and/or third party service providers who assist us to interact with you via our App, website, email or any other method and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
- to law enforcement, government officials, or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent financial loss;
- to our service providers (under contract with us) who help with parts of our business operations (i.e. technology services, App maintenance, etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any Applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.
We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
- treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
- take Appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- provide you with access to your personal information to view and/or update personal details;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
- upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
We undertake never to sell or make your personal information available to any third party other than as provided for in this policy.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
Ownership and copyright
The contents of this App, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this App (the “App Content”) are protected by law, including but not limited to copyright and trade mark law. The App Content is the property of Beekman Management Services (Pty) Limited and is licensed to Beekman Management Services (Pty) Limited.
You will not acquire any right, title or interest in or to the App or the App Content.
Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
Where any of the App Content has been licensed to Beekman Management Services (Pty) Limited or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
Beekman Management Services (Pty) Limited and all their affiliates do not warrant the accuracy of the App Content, nor the efficiency of the App and accept no responsibility nor liability for any loss occasioned by any use hereof or reliance hereon by you.