Terms and conditions regulating use of Comfax software and services

Read these terms and conditions carefully before using the Software and/or Services.
By clicking the “I Accept” button at the bottom of the page, you agree to the following terms and conditions. If you do not agree to all of the terms and conditions, click the “Decline” button.

Definitions:
• “Comfax” is Hundred Degrees LTD, a Company incorporated in England and Wales with the registration number 7341410. The registered office is located at: Carlyle House, 235-237 Vauxhall Bridge Road, London United Kingdom SW1 V1EJ.
• “Software” means all software provided or made available by Comfax, including without limitation, software relating to Fax to Email (receiving faxes) and Fax Out (sending faxes).
• “Services” means all services provided or made available by Comfax, including without limitation, services relating to Fax to Email (receiving faxes) and Fax Out (sending faxes).
• “User” means users of the Software and/or Services.
• “Allocated Number” means a number allocated to a User for receiving faxes using the Software and/or Services.

Withdrawal of allocated number
Users acknowledge that they are not the owners of their Allocated Numbers and that the operators/content service providers (including, without limitation, “the Operator” and Comfax) enjoy the right to withdraw or alter such numbers. Furthermore:
(i) Comfax may withdraw an Allocated Number where it fails to receive at least one fax per month; A user who does not receive at least one fax in a month may receive a notification by either Email, or Automated voice call advising the user that they may elect to retain the “allocated number” by receiving at least 1 fax within 30 days of receiving a system notification.
(ii) a User will automatically lose their Allocated Number where use of the Software and/or Services is terminated.
Each User indemnifies Comfax and holds Comfax harmless against any claims, actions or damages arising from any loss or withdrawal of Allocated Numbers.

Advertisements
Each User accepts that, from time to time, Comfax may advertise on fax receipts or attachments transmitted using the Software and/or Services.

Updates, upgrades and bug fixes
Unless otherwise specifically agreed to in writing by Comfax, no User has any right or claim to updates or upgrades to the Software and/or Services, nor is Comfax obliged to remedy any bugs, defects, inadvertent errors or malfunctions in the Software and/or Services.

Undertakings by the User
Each user undertakes not to:
• copy the Software or to permit any person to do so, unless otherwise specifically agreed to in writing by Comfax;
• modify, adapt, merge, translate, decompile, disassemble, or reverse engineer the Software;
• convert the whole or any part of the Software from object code into source code;
• sell, resell or otherwise deal with the Software and/or Services in any manner whatsoever;
• part with possession of, lend or transfer the Software;
• make available the use of any part of the Software and/or Services to any other person who has not accepted these terms and conditions;
• use the Software and/or Services in a manner that constitutes a breach of any agreement with Comfax; or
• use the Software and/or Services in an unlawful manner.
However, each User is entitled to make one back-up copy of the Software solely for his security, archival and recovery purposes.

Infringement
Comfax does not warrant that the Software and/or Services do not infringe the intellectual property of third parties, and Comfax assumes no obligation to defend or indemnify Users against any claim based on infringement of intellectual property rights of third parties by importation, downloading or use of the Software and/or Services.

Limitation of liability and warranties
The Software is supplied “as is” and Comfax does not warrant that the Software is free of bugs, inadvertent errors, defects or malfunctions.
Each User agrees to use the Software and/or Services at its own risk.

Comfax does not warrant that:
• Users’ systems have capacity or are adequate to use the Software and/or Services;
• the Software and/or Services will meet Users’ requirements;
• operation of the Software and/or Services will be uninterrupted or error-free;
• communications using the Software and/or Services are secure; or
• all documents transmitted using the Software and/or Services will be transmitted properly and accurately.

In no instance, will Comfax be liable to: (i) restore or correct data; or (ii) restore Users’ communications.

The remedies contained in these terms and conditions are the Users’ sole remedies available relating to the Software and/or Services and/or use thereof and are in place of all other warranties, conditions or other terms expressed or implied by statute or otherwise, all of which are hereby excluded to the fullest extent permitted by law. All other warranties, conditions, representations, indemnities and guarantees with respect to the Software and/or Services, whether express or implied, arising by law, custom, prior oral or prior written statements by Comfax (including its distributors or resellers) or otherwise (including, but not limited to, any warranty for merchantability or fitness for particular purpose) are hereby overridden, excluded and disclaimed by Comfax and Comfax will not be liable in respect of any related claims or damages howsoever arising. In particular, and without derogating from the generality of this provision, under no circumstances will Comfax, its directors, officers, employees, servants, contractors or agents be liable for any consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, whatsoever, including, without limitation, such damages or lost profits based on claims of Users (including, but not limited to claims for loss of goodwill, use of money or use of such Software and/or Services) arising out use of the Software and/or Services; loss of data; interruption of use or availability, failure or malfunction of the Software and/or Services, telecommunication facilities (including any network or provider of telecommunication services) or hardware; stoppages or other impairment of other assets; bugs, inadvertent errors, defects or malfunctions in the Software and/or Services; breach or failure of express or implied warranties; breach of contract; misrepresentation; negligence and strict liability in delict.

Indemnity
Each User holds harmless and indemnifies Comfax and its directors, officers, employees, servants, contractors and agents against damage, cost or expense (including reasonable attorney fees) arising from any claim, demand, assessment, action, suit or proceeding relating to the Software and/or Services (or use thereof) that is based on such User’s conduct, action or inaction.

Term
These terms and conditions will remain in force for as long as a User uses the Software and/or Services. However:
(i) a User and/or Comfax may terminate use of the Software and/or Services on one month notification via email; and
(ii) Comfax may terminate use of the Software and/or Services with immediate effect and without notice following:
a. payment default by the User;
b. breach of these terms and conditions by the User; or
c. withdrawal of the User’s allocated number.

Conflict
Where a term in this document conflicts with a term in a written separate agreement concluded between Comfax and a User, and such conflict cannot be resolved by interpretation or the conflicting terms so as to enable them to co-exist, the terms of such separate agreement will take precedence.

YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

 

Also See: