Terms and Conditions


Last Revised: Apr 18, 2017

Welcome to Sortd and thanks for using the Service!
Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (collectively, the “Services”). These Terms of Use (the “Terms”) are a binding contract between you and Sortd (“Sortd,” “we” and “us”), a division of Mybeat Interactive Technologies (Pty) Ltd (Company registration number:   2001/009269/07), based in the Republic of South Africa. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at terms@sortd.com.You must agree to and accept ALL of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Use Of Sortd

By accessing or using the Service(s) you agree to be bound by these Terms. If you are using the Service(s) on behalf of an organisation or entity (“Organisation”), then you are agreeing to these Terms on behalf of that Organisation and you represent and warrant that you have the authority to bind the Organisation to these Terms. In that case, “you” and “your” refers to you and that Organisation.

You may use the Service only if you can form a binding contract with Sortd, and only in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules and regulations. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you. In addition, Sortd may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.

Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access. You may not use Content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Sortd Fees and Pricing

Sortd is currently completely free to use, with certain limitations. Sortd has recently started, and will further, provide additional (optional) features and tools as upgradeable packages that are available for a monthly subscription fee.

Sortd continues to reserve the right to require payment of fees for certain, or all services and features, including without limitation any tiered subscription based fees or once off charges. Sortd will not require fees or back payment for the use of Sortd for the duration that it was in Beta, nor will it necessarily EVER require payment for for basic use of the Service and/or Software, although the additional (clearly marked) subscription packages including new services and features may incur a monthly or annual subscription fee.  Please see the current Sortd pricing, on the main Sortd Pricing webpage.

Sortd will updates these Terms and Conditions and notify all users of any amendments to any fees or charges (before coming into effect) that may be incurred by the continued use of Sortd.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Content  Within Sortd

Some areas of the Service may allow you to post or upload information, text, graphics, or other material (“Content” or, when posted by you, “your Content”). Some of your Content may be viewable by other users when shared and/or used in a collaborative fashion.

You retain ownership of your Content, but there are many things that users may do with your Content, for example, copy it, modify it, re-share it, or broadcast it. Sortd has no responsibility for that activity. You understand that sharing or publishing your Content on the Service is not a substitute for registering it with the appropriate Copyright, Patent or Trademark authorities, or any other rights organisation that may be applicable.

You agree not to post/share or otherwise collaborate on Content that:

  1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
  2. may create a risk of any other loss or damage to any person or property;
  3. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  4. may constitute or contribute to a crime or tort;
  5. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable;
  6. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
  7. contains any information or content that you do not have a right to make available under any law (including any applicable export control laws) or under contractual or fiduciary relationships;
  8. contains any information or content that you know is not correct and current.


You agree that any Content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.

Although you retain full ownership to your Content, you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such Content in connection with providing the Service to you and other users in accordance with your settings on the Service. In connection with providing the Service, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media (e.g. making sure your content is viewable on a mobile device as well as a computer).

We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

  1. satisfy any applicable law, regulation, legal process or governmental request,
  2. enforce the Terms, including investigation of potential violations,
  3. detect, prevent, or otherwise address fraud, security or technical issues,
  4. respond to user support requests, or
  5. protect the rights, property or safety of Sortd, its users and the public.

Your Sortd Account

In order to take advantage of the Services you will need a Sortd Account which you can create yourself. To do so you will be asked to provide third party account credentials or login information (currently provided via the Google OAuth system inside Gmail/Google Apps). If you choose to provide Sortd with your credentials or login information, and/or allow Sortd to access a third party account, the information that Sortd will have access to, will be dictated by the third party (i.e. Google).

You represent and warrant that you are entitled to disclose your third party account credentials to Sortd, disclose your login information to Sortd, or grant Sortd access to your third party account (including, but not limited to, for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable third party account and without obligating Sortd to pay any fees or making Sortd subject to any usage limitations imposed by such service providers. By granting Sortd access to any third party accounts, you understand that:
(a) Sortd will access, make available and store (if applicable) any content that you have provided to and stored in your third party account so that it is available on and through Sortd via your Sortd account (in the case of Google this includes GMail/Google Apps Mail/Contacts/Calendar); and
(b) Sortd may submit and receive additional information to your third party account to the extent you are notified when you link your Sortd account with such third party account.

If you decide that you no longer want to provide Sortd with access to your credentials or login information, you can to terminate your use of our Services. However, for some third parties (including Google OAuth), the only way to actually revoke Sortd’s access to your account is for you to remove Sortd’s authorisation through the third party directly. You acknowledge that in some instances you are personally responsible for revoking Sortd’s access to your credentials with a third party.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Sortd, through Google OAuth or a third-party service. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols with your account. You agree not to disclose your security tokens or password to any third party. Sortd cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify Sortd immediately upon becoming aware of any breach of security or unauthorised use of your account.

NOTE: It is possible that Sortd may create and  maintain different types of accounts for different types of users or organisations based on the features and services offered.

The License To Use Sortd

Subject to these Terms, Sortd gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for any reason or for no reason. Some of our Services allow you to download client software ("Software") such as Mobile Apps, Web Browser Plugins/Extensions and or Computer Applications. To use the Software you must have a Mobile device, Operating System and/or Web Browser that is compatible with the Software. We do not warrant that the Software will be compatible with your Mobile device, Operating System or Web Browser. We give you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Software for one account on each of a, Mobile device, Computer or Web Browser owned or leased solely by you, for your personal use. 
You may not:

  1. modify, disassemble, decompile or reverse engineer the Software, except to the extent that such restriction is expressly prohibited by law;
  2. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software to any third party or use the Software to provide time sharing or similar services for any third party;
  3. make any copies of the Software;
  4. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software, features that prevent or restrict use or copying of any content accessible through the Software, or features that enforce limitations on use of the Software; or
  5. delete the copyright and other proprietary rights notices on the  Software.


You agree that we may from time to time issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Software that you are using on your Mobile device, Computer or Web Browser. You agree to the automatic upgrading, and agree that the terms and conditions of these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Software is covered by the applicable open source or third-party license EULA, if any, authorising use of such code. This license is not a sale of the Software or any copy thereof, and Sortd or its third party partners or suppliers retain all right, title, and interest in the Software (and any copy thereof). We reserve all rights not expressly granted under these Terms.

Sortd’s Intellectual Property and Copyrights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Sortd and its licensors. The Service is protected by copyright, trademark, and other laws of both the the Republic of South Africa and foreign countries. Nothing in the Terms gives you a right to use the Sortd name or any of the Sortd trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Sortd, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Use of the Content Available On Sortd

All Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. If you use or rely on any Content or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will Sortd be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service.

You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. Sortd will not be responsible or liable for any use of your Content by Sortd in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these terms and conditions.

Acceptable Use Of Sortd

Sortd is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you may not, and must not attempt to do the following things:

  1. use the Service for any unlawful purposes or for the promotion of illegal activities;
  2. post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
  3. impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others (including any attempt, in any manner, to obtain the password, account, or other security information from any other user);
  4. publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorisation and permission;
  5. send unsolicited communications, promotions or advertisements, or spam (manually or through the use of auto-responders);
  6. publish or link to malicious content intended to damage or disrupt another user’s Web Browser, Mobile device or Computer or to compromise a user’s privacy;
  7. access, tamper with, or use non-public areas of the Service, Sortd’s computer systems, or the technical delivery systems of Sortd’s providers;
  8. decompile, reverse engineer, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
  9. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  10. access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”, or “crawling”);
  11. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
  12. interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service and its underlying infrastructure.


Additionally users agree to comply with all local laws regarding online conduct and acceptable content.

We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.

Modifying and Terminating of Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop the Service altogether.You can stop using our Services at any time. Sortd may also stop providing Services to you, or add or create new limits to our Services at any time.

Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.  Account termination may result in deletion of any Content associated with your account (we will however never delete your email stored in Gmail or any other Email provider without your consent), so keep that in mind before you decide to terminate your account. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

We believe that you own your data and preserving your access to such data is important. If we discontinue our Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Indemnification

You agree to defend, indemnify and hold harmless Sortd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service, including any data or Content transmitted or received by you, any other party’s access or use of the Service with your username and password, or your violation of these Terms, applicable law, rule or regulation.

No Warranty Provided

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SORTD AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SORTD, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL SORTD BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SORTD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SORTD ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SORTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from the Republic of South Africa but hosted and run from facilities in the United States. We make no representations that the Service is appropriate or available for use in any specific location. Those who access or use the Service from  jurisdictions other than the Republic of South Africa do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations. 

Assignment of Terms, Rights and Obligations

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Sortd’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Any attempted transfer or assignment by you will be null and void.

Disputes and Resolution Thereof

Ideally, if you have any concerns or complaint against Sortd, we would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against Sortd, you agree to try to resolve the dispute informally by contacting terms@sortd.com. Sortd will attempt to resolve the dispute informally (and will contact you via email). If a dispute is not resolved within 30 days of submission, you may bring a formal proceeding.

In the unlikely event that Sortd has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any urgent or interim relief which may be granted by a competent court) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), then such a dispute shall be submitted to confidential and binding arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa (AFSA). The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf

As the service is controlled and run from the Republic of South Africa and therefore governed by South African law and, you and Sortd submit to the non-exclusive jurisdiction of the South African courts. Nothing in this Section shall be deemed as preventing Sortd from seeking injunctive or other equitable relief from the courts as necessary to protect any of Sortd’s proprietary interests. All Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agreed that, by entering into this agreement, you and Sortd are each waiving the right to participate in a class action.

Miscellaneous Legal Terms

These Terms, together with any amendments and any additional agreements you may enter into with Sortd in connection with the Service, will constitute the entire agreement between you and Sortd concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Sortd’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

We may provide notifications, whether these are required by law or are for marketing or other business related purposes, to you via email notice or through posting of such notice on our website, as determined by us in our sole discretion.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at terms@sortd.com.

Sortd (a division of Mybeat Interactive Technologies)
129 11th Street
Parkmore
Sandton
2196
Republic of South Africa