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Terms of Use

Effective date: 21 November 2024

1. Background

  1. Any definition or term not defined explicitly herein shall be interpreted in the ordinary meaning of the word/concept/term conveyed.
  2. Any ordinary terms that may be contradicted herein by the defined interpretation herein shall have the definition and interpretation conducted in terms of the latter, i.e. the defined interpretation herein, which shall therefore supersede any contradictory or ambiguous interpretations.
  3. This Terms of Use applies solely in relation to the Service as provided by the Website/Application, and does not place any binding obligation, liability, right, duty, or otherwise implore any conduct whether active or passive, or any attachment to or in respect of same, outside of the User's sole use of the Service, as these Terms relate hereto.
  4. The User means you/the User of the Service as the individual/entity engaging with the Service by using the relevant link/Third-Party Vendor that leads to the Website and/or the Application whereby the Service is made accessible, and We/Us means Synco.

2. Limitation of Liability (User's Own Risk) and Indemnity

  1. We bear no liability:
    1. for any risks associated with the use of the Application. In no event will we be liable to User or any party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages arising out of the use, availability or unavailability of the Service obtained through the use of any of the aforegoing or any data transmitted through the Service even if we have been advised of the possibility of such damages;
    2. for any loss or damage which may be sustained or incurred by a User including but not limited to loss or damage as a result of any reliance placed by a User on the completeness, accuracy or existence of any information on the Website or in respect of same as provided by Third-Party Vendors;
    3. any consequences arising from changes which may be made to the Service; or
    4. for any bodily injury, death or property damage that may occur or arise as a result of the use of the Application or the provision of the Service.
  2. Notwithstanding the provisions of Clause 2.1, if We are held liable to a User in respect of any matter relating to the Service, the Terms or the Service then the entire aggregate liability shall be limited to the greater of:
    1. any amounts paid by the User to Us in connection with the User's use of the Application, the Service, or the Website.
  3. If you are involved in a dispute for whatever reason with a Third-Party Vendor then you do hereby indemnify, release and hold harmless Us from any claim, cause of action, demands, direct or consequential damages, and costs, resulting from the dispute.
  4. The acquisition or use of the Application is made at each User's own risk and no risk or liability arising therefrom shall be imputed to Us.
  5. We make absolutely no guarantees as to:
    1. the accuracy of any information provided by any User; and
    2. the identity of any User.
  6. The Application and the Service may be used only for lawful purposes and, without restricting the aforegoing, may not be used for any of the following:
    1. in any way which violates any law, local or foreign; and
    2. to expose any person and in particular minors, to inappropriate content.

3. Responsible Use

  1. The User makes use of the Application at their own risk.
  2. The User retains the responsibility to ensure that they make use of the Application reasonably and responsibly and at their own risk.
  3. We shall bear no liability for any harm or loss directly or indirectly suffered by any User related to the use of the Application or by any other person. Each User is referred to the provisions of Clause 2 hereof "Limitation of Liability".

4. Indemnification

  1. Each User by using the Application and the Service, does hereby indemnify Us and/or the Third-Party Vendors in respect of any injury, death, illness or disease to any person, any damage to or loss of any property, any claim in respect of a breach of the intellectual property rights of any third party and against all actions, suits, claims, demands, costs, charges and expenses arising in connection therewith which may be occasioned by any act or omission by the User in respect of the Service or relating to or arising from the use of the Application.
  2. We and the Third-Party Vendors are not liable for any delay or failure to perform in connection with any matter relating to the Application or the Service if such delay or failure is due without limitation, to acts of God, adverse weather, riots, insurrection, disease, pandemics, electrical failures, denial of permits by any authority or any other cause which is beyond the control of Us and the Third-Party Vendors. The User hereby releases Us and the Third-Party Vendors from any claim or demand for any direct or indirect damage and consequential damages arising out of our failure or the failure of the Third-Party Vendors to perform as a result of an event whether or not herein listed or any other event beyond our control.

5. Intellectual Property

  1. We retain all right and title in and to the intellectual property subsisting in the Application and the Service including but not limited to copyright, trade marks, patents and designs.
  2. No unauthorised use of any of our intellectual property is permitted.
  3. Any party seeking a licence to make use of any of our intellectual property must formally request such a licence. The granting of such a licence, and the terms thereof, remains entirely in our discretion.

Copyright

  1. Any unauthorised reproduction of any part of the Application or of content on the Website (where such content bears a copyright reserved notice) constitutes copyright infringement and We or the copyright owner, as the case may be, shall resort to all legal remedies to restrict such activity and to obtain restitution as the law may provide.
  2. The Service contain proprietary materials including text, images and sound. We or the Third-Party Vendors are the owner or licensee of all such proprietary material and the intellectual property rights subsisting therein including without limitation copyrights and trade marks. Except for giving effect to the use of the Application or the Service you agree not to upload, download, distribute or reproduce in any way any such proprietary information without our prior written consent.
  3. We hereby explicitly note that the textual inputs in isolation to the context of the Website and/or the Application, as per the Users' interaction in using the Service, shall rest solely with the User, and shall be exempt from any marketing by use of any of the Parties, as well as any data processing as related to marketing.

6. Linking to Third-Party Websites

  1. The Application may link directly or indirectly to websites or services offered by Third-Party Vendors, and/or by other individuals or entities. We make no guarantees regarding those third-party websites or services.
  2. Any following of third-party links or use of third-party services is done at the sole risk of the User and we shall bear no liability therefore, howsoever arising, of whatsoever nature, and whether directly or indirectly related to the use of the Application.

7. Cookies

When you visit our website, We may assign your computer one or more cookies, to facilitate access to our site and to personalise your online experience. Through the use of a cookie, We or Third-Party Vendors also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies. If you choose to decline cookies, please note that you may not be able to use some of the interactive features offered on our website.

8. Severability

If any provision contained in the Terms is found not to be enforceable, the remainder of the Terms shall continue to operate with any necessary changes and the unenforceability of one provision shall not affect the enforceability of any other provision.