The access of phemo.net services is provided by Kreyon Phemo (Pty) Limited [herein referred to as the “Company”] and it is subject to the following Terms of Use. Use of this website and services indicates that you have read, understood and agreed to abide by the following terms and conditions. These Terms and Conditions shall be deemed to govern all pages of phemo.net [herein referred to as the “Site” or “Website”] and any services offered by or on the Website [herein referred to as the “Services”].

Please read these Terms of Service carefully as they outline important information regarding your legal rights, obligations, remedies and other provisions.

Definitions

Company, Us, We; means the creator of the website or the service-provider.

You, the User, the Client; means any person accessing our website or making use of our services.

Agreement; these Terms may be referred to herein as the “Agreement” or “Terms”.

Use and Consent

The use of this Website or Services shall be deemed as consent to these Terms and Conditions and an acknowledgement to be bound by them. If you do not agree with the said Terms and Conditions, you are free to leave the Website and stop using its Services. You can indicate your consent to these Terms by clicking a button indicating your consent.

Age Restriction

The use of this Site and its services is restricted to persons of the age of eighteen (18) years and above. Therefore, use of this Site and its services will by implication, be considered to be in compliance with this restriction; that you are 18 years of age and you legally agree to the contents of the provisions set forth herein.

Description

We provide a wide range of services including but not limited to the generation of; bills, quotations, financial records, human resource documents and other services. These services are offered to small, medium and micro enterprises but you may as an individual requiring our services, purchase and use them. We reserve the right to fully or partially change, alter, modify and discontinue these services and we will take reasonable steps to inform you of such. However, we will not be liable to you or any third party as a result of loss or damage caused or arising from such change, alteration, modification or discontinuance.

Subscription to phemo.net Services

Subscription to services provided on our Site is on a payment basis. These Services and their fees are indicated on our Site or any document containing information regarding our Site and they may change from time to time. Wherein we change our subscription fees, we will give you a month’s notice of such change and where continued use of the Site subsists even after such changes, this will be deemed as your consent to these changes. Where the change is announced during a particular billing period, such change will not apply to such billing period but will only come into effect after the notice period has elapsed.

Although we take adequate care in providing accurate information as reasonably as possible, any errors in the change of fees shall be subject to change owing to such error.

Wherein you wish to stop subscribing for our services, you will inform the Company of such intention within seven days before the next date of your subscription renewal. We reserve the right to terminate accounts that have been inactive for a continuous period of 3 months, and notice shall be given to affected users prior to this. Any data that was stored in relation to an account that has become inactive and as a result has been terminated, shall be deleted as per the provisions of our Privacy Policy.

Conditions of Use

By registering an account, you undertake to provide us with true, correct, accurate, up-to-date and complete information as required by us in your registration application form. Therefore, you are required to update your information frequently in order to ensure that it remains as correct, true, up-to-date and complete as possible. Wherein we find that or we are of the view that the information you have provided is; untrue, incorrect, not current and incomplete, we may require that you make such changes as necessary to comply with the above-mentioned request, failing which, your account with us may be discontinued.

Your registration with us constitutes your consent in allowing us to use your personal information, subject to the provisions set out in our Privacy Policy, or purposes ancillary wherein, consent may be inferred. Furthermore, you are responsible for ensuring that your username and password, account details and all other information used with regard to our Services, are secure and confidential. Where a person other than the owner of the business sets up an account with us, on behalf of the business, that person shall be deemed to have been authorised and instructed to do so by the said owner and they undertake that all account information, username, passwords and other important information have been shared with authorised personnel in the business. Furthermore, such person other than the owner setting up the account, shall provide us with the business contact details of at least two authorised representatives of the business. Where that person leaves the said business and the authorised representatives of the business request for the account information, we may be obliged to do so and you agree not to hold us liable and harmless on account of such disclosure.

Furthermore, in order to comply with our conditions of use, you undertake not to; undermine the security of our or our Service providers/hosts’ computer systems, use or misuse our services in a manner that may impair the proper functioning of our Services, spread viruses or malicious code that may damage our or other people’s property, attempt to alter, change, modify, copy or reverse engineer any computing systems or programs used to provide our Services

User Obligations

Upon use of our Services or Website, you may be required to register with us and upon doing so, you will create a username (be it your email address or any other term) and a password. Furthermore, more personal information regarding demographics may be required and its accuracy is dependent upon you. This will enable you to access your account with us and access our Website and Services. Providing false information or using the Website or its Services for fraud or illegal activity shall constitute a breach of these Terms, which constitutes grounds for termination of this agreement. In addition, you are held to be responsible for the use of your account, as such, where there is unauthorised access or use of your account, you should inform us promptly. Therefore, you agree not to hold the Company liable or accountable for any activities, loss, damage or harm that may result as a result of unauthorised third parties having access to your account and business information whether or not you were personally or directly involved.

Wherein you are required to download and install software belonging to Kreyon Phemo (Pty) Ltd in connection with services provided on phemo.net, you shall be required to agree to a licence agreement relating to that software before such download or installation.

License to use Website

The Company may provide you with certain information to be used solely in connection with your use of phemo.net and its Services, which may include but is not limited to, documents, records, material or information developed by and for the Company to assist you in your use of the phemo.net and its Services. Therefore, you agree to use the Services or Website in a manner that will not damage or cause harm to the Website, Services or business of Kreyon Phemo (Pty) Ltd. The user is also obliged to use phemo.net for lawful purposes only and undertakes not to engage in prohibited or unauthorised use. You agree not to use the Website or its Services;

  • To defraud others
  • To compile information about other users and use it in a manner that infringes on their privacy. You further undertake not to threaten, harass or abuse other users of the Website and or its Services.
  • To spread viruses or software that may harm other people’s property.
  • To publish defamatory, malicious, libellous, threatening, offensive, discriminatory, obscene or embarrassing material regarding the Website, Services, Company, Service-providers and its users.

Intellectual Property Rights

You acknowledge that the Company is the owner and licensor of all Services provided in the Website including but not limited to; content, trademarks, domain names, patents, designs, software, databases, text, graphics, icons and hyperlinks that make up part of the Services, excluding information that you provide us in order to use these Services and that any unauthorised use of such will be forbidden. You agree not to use the content of or Services except as provided or subscribed for. Furthermore, all other rights to intellectual property and trade secrets (including, but not limited to, our, processes, concepts, operational methods and techniques) are reserved. Use of our services does not amount to a sale or transfer of our intellectual property rights.

Materials relating to phemo.net and software downloaded therefrom are protected, however, this is limited to material in your possession as a result of your business relationship with us (user content information).

Users acknowledge that they are not allowed to use the trade name of the Company as a domain or subdomain name despite the fact that such domain or sub-domain name may be allowed. Upon request, a User shall refrain from continuing to use the trade name or intellectual property of the Company and shall give up all rights with regard to it to the Company. Furthermore, the Company may take legal action against Users in breach of these Terms.

You agree that through your use of the Website and its Services, you may provide to the Company non-exclusive; use, disclosure, publication, license to copy, broadcast and make use of content you may upload, publish or avail to the Website/Company. This however, does not grant us any rights to your data. If you feel that your intellectual property rights are being infringed, you may contact us for assistance at info@kreyonphemo.com .

Links to other Websites

The Website may be linked to third-party websites, third party content and may provide third-party services (for example, payment processors) which the Company has no control over and accepts no responsibility over. You acknowledge that the Company shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have arisen in connection with the use of content or services provided by such third parties linked to our Site. Such services are only provided for convenience and do not create any obligation upon us for use of such sites and/or their services.

Privacy Information

Your Personal Information is governed by the Phemo Privacy Policy and your use of our Services indicates your consent to the Privacy Policy. You have a responsibility to ensure the confidentiality of your username, password and other sensitive information.

Changes to the Terms of Service

As our Company operations change from time to time, the Company reserves the right to revisit and modify, change and or discontinue these Terms to accommodate such needs, at any time, as such, you are encouraged to check them regularly. Furthermore, the Company shall not be held liable to you or any third party for such modification, alteration or discontinuance.

Complaints

Wherein we receive a complaint about you from any individual regarding your use of our Services, you shall be furnished with an email detailing the contents of such complaints and you will be expected to respond to the complaints within 12 days of receiving such communication, failing which, your account with us may be terminated.

Reporting of Incorrect Data

The Users are encouraged to report any incorrect, untrue, illegal, defamatory, malicious, harmful data and any other data incidental thereto found in the Site to the Company.

Termination

Your use of the Website and its Services may be terminated or suspended without prior notice on reasonable grounds not limited to, breach of the agreement set forth herein. All the Terms of Service which shall still be applicable in the case of suspended or terminated use include; but are not limited; intellectual property provisions, indemnity and limited liability clauses. You may also request for a termination of this agreement or the obligations arising thereunder, when you are no longer in use of our Site or its Services.

Limitation on Liability

The Company is absolved of any liability or allegations resulting from loss or damage occurring as a result of your use or misuse of the Website and or its Services, to the extent permissible by law. This applies to claims relating to, fraud, tort, contract, negligence or loss of profits and other matters incidental hereto. You acknowledge and agree that information provided on our Website is not intended to be legal advice, medical or financial advice and any information given therein shall not create any liability on the part of the Company. The Company is also absolved from any claims or liability, direct or indirect, relating to loss of use, profits, information or otherwise, resulting from the use or inability to use the Services as stipulated or owing to mistakes, errors, omissions, interruptions, deletions, defective emails, viruses, delays in performance, loss of business information and other matters incidental thereto. No relationship between you and the Company has been created by virtue of these Terms. Claims brought in respect of the above mentioned, shall be brought within a period of 6 months of knowledge of such conduct.

Indemnification

All users agree to insure, defend and hold the Company and or its subsidiaries, agents, affiliates, officers, partners or service providers and employees, blameless or not liable for any claims, demands, including but not limited to; reasonable attorney fees, arising from your use or misuse of our Website or Services, Your breach of the Terms of Service and any such violation of another person’s rights. YOUR USE OF THE SITE, SERVICES SOFTWARE, OTHER PRODUCTS OF THE SITE AND ANY THIRD PARTY SERVICES//PRODUCTS IS AT YOUR OWN RISK AND IS PROVIDED ON “AS IS” BASIS. ANY INCORRECT/FAULTY DATA ENTRIES BY SUBSCRIBERS RESULTING IN LOSS OR HARM SHALL NOT BE THE RESPONSIBILITY OF THE COMPANY. FURTHERMORE, Kreyon Phemo (Pty) Ltd, IT’S AGENTS, SUBSIDIARIES, SERVICE PROVIDERS AND OTHER ENTITIES IT HAS A BUSINESS RELATIONSHIP WITH, DISCLAIM ANY CONDITIONS, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SERVICES ARE 1. FIT FOR USE BY ALL COMPANIES, 2. ARE OF GOOD TITLE 3. ACCURATE AS TO ALL COMPANIES USING THEIR SERVICES, 4. RELIABLE, 5. OF GOOD QUALITY WITH RESPECT TO INDIVIDUAL COMPANIES AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING THEREFROM. THE COMPANY DOES NOT ALSO WARRANT THAT ITS SERVICES WILL BE SECURE FROM VIRUSES, UNAUTHORISED THIRD PARTY ACCESS, DATA LOSS/ERROR, DESTRUCTION OR THEFT BUT WILL MAINTAIN ALL REASONABLE METHODS TO ENSURE SECURITY.

The Company undertakes to comply with legal obligations imposed upon us by virtue of warranties and conditions set out in law.

Governing Law

Any dispute arising out of or in connection with your use of the Site, shall be governed by and construed in accordance with the laws of Botswana and we retain the right to institute legal proceedings against you in the event of a breach of the Terms and Conditions set herein.

The provisions of these Terms despite any links to one another are severable to each other. In the event that any provision/clause of this Agreement is declared null and void, such nullity shall apply to the said clause only, without prejudice to the validity of the remaining provisions/clauses.

Complaints

If you are of the view that we are not complying with these Terms, you should contact us through email immediately at info@kreyonphemo.com. Where you are dissatisfied with the Site’s use of your Personal Information, you undertake to first attempt to resolve the matter with the Company equitably first, prior to instituting any legal proceedings.

Contact Us

If you have any questions about these Terms, please contact us at info@kreyonphemo.com.