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ABOUT US

A large tranfer service started in 2011 to assist those who can not transfer large files by email or other means. The service takes the hassle out of .............

Terms & Conditions

FileDivvy provides managed file sharing and transmission services which enable users to access, store, send, receive, and edit, User Files (defined below) via FileDivvy’s proprietary platform (any and all of the foregoing the "Services"). The Services include our website www.filedivvy.co.za and its sub domains (collectively the "Site"), our File Share Services (defined below) and any other products and services offered by FileDivvy via the Services.

Please read the following terms and conditions carefully ("Terms of Service") and the FileDivvy Privacy Policy, which may be found at http://www.filedivvy.co.za and which is incorporated herein by reference into these Terms of Service. These Terms of Service constitute a binding legal agreement between you and FileDivvy whether you are a Registered User (defined below) or a visitor browsing the Site. These Terms of Service govern your access to and use of our Services and FileDivvy Content (defined below), unless you have entered into a separate agreement with FileDivvy regarding the Services. If you have entered into such an agreement, that agreement governs your access to and use of the Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “DIVVYIT” BUTTONS, OR ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY USER FILES FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED AND CREATED AN ACCOUNT WITH FILEDIVVY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

File Share Services: Consent to Access and Modification
The "File Share" service, also incorporated within the FileDivvy Application, operates by effecting your request to make identified User Files or User Files residing within identified folders (each a "Shared User File") available to identified third parties. As to any Shared User File, you may authorize third party rights to (i) view, (ii) view and download, or (iii) view, download and modify.

YOU ACKNOWLEDGE AND AGREE THAT BY UTILIZING THE FILE SHARE SERVICES,YOU CONSENT TO (I) THE ACCESS TO ANY COMPUTER OR DEVICE IDENTIFIED BY YOU, AND (II) THE SYNCING, STORAGE AND SHARING OF YOUR USER FILES, AS DESCRIBED ABOVE, BY FILEDIVVY. ACCORDINGLY, YOU HEREBY GRANT TO FILEDIVVY A LICENSE TO (I) USE, COPY, MODIFY, TRANSMIT, DISTRIBUTE, STORE AND CACHE ANY USER FILE THAT YOU CHOOSE TO SYNC AND/OR SHARE, WHETHER THAT USER FILE RESIDES ON YOUR COMPUTER OR DEVICE, FILEDIVVY’S SERVERS OR THE COMPUTER OR DEVICE OF A THIRD PARTY DESIGNATED BY YOU THROUGH THE FILE SYNC SERVICE, AND (II) COPY, TRANSMIT, PUBLISH, AND DISTRIBUTE TO OTHERS THE USER FILES AS YOU DESIGNATE THROUGH THE FILE SHARE SERVICE, IN EACH CASE SOLELY TO PROVIDE THE FILE SYNC SERVICE AND/OR FILE SHARE SERVICE TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE FILE SYNC SERVICE WILL NECESSARILY RESULT IN THE REPLACEMENT OF USER FILES RESIDING ON ANY COMPUTER OR OTHER DEVICE BEING SYNCHRONIZED. YOU SHOULD SAVE AND MAINTAIN A BACKUP COPY OF ANY USER FILE THAT YOU WISH TO RETAIN IN ITS ORIGINAL FORM. You are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, the Services, any FileDivvy Application, or any User File. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Site, the Services, any FileDivvy Application, or any User File.

File Share Services: Acknowledgment of Limitations of Beta Release/Test Version

You acknowledge that: (a) the File Share services are not an official product and have not been thoroughly tested; (b) the File Share services may not operate properly, be in final form or fully functional; (c) the File Share services may contain errors, design flaws or other problems; (d) it may not be possible to make the File Share services fully functional; (e) use of the File Share services may result in unexpected results, corruption or loss of data, or other unpredictable damage or loss; and (f) FileDivvy has no obligation to release a fully functional commercial version of the File Share services. Without limiting any other terms or conditions of these Terms of Service, you assume all risk arising from use of the File Sync and File Share services.

Modification
FileDivvy reserves the right, at its sole discretion, to modify, discontinue or terminate the Services, or to modify these Terms of Service at any time and without prior notice. FileDivvy reserves the right to terminate free accounts at any time, with or without notice. Without limiting the generality of the foregoing, and without further notice, FileDivvy may choose to delete and/or reduce: any or all of your User Files and previous versions and/or prior backups of User Files, if (i) you have not logged into your free account for at least 90 days, (ii) FileDivvy determines, in its sole discretion, that you have violated these Terms of Service, (iii) your FileDivvy account is otherwise terminated by you or FileDivvy, or (iv) FileDivvy discontinues or terminates the Service.

If we modify these Terms of Service, we will post the modification on the Site or within the FileDivvy Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service. By continuing to access or use the Services after we have posted a modification to these Terms of Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services and, if applicable, cancel your Account.

Registration and Accounts
In order to access and use certain features of the Services, you must register to create a FileDivvy account ("Account") or register by consenting to the creation of such an account for you (e.g., when you access the Services through one of our partner’s platforms). Once you have established an Account, you will be a "Registered User". Only Registered Users that are 18 or older may purchase access to the Select Services as further described below under the Section titled "Payment". By purchasing access to the Select Services you represent and warrant you are 18 or older.

When you register, you will be required to provide certain information, and you will establish a username and password. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. FileDivvy will have no liability for failure to deliver notices that result from inaccurate Account information or otherwise. You authorize us, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information, which may include providing your information to such third parties. FileDivvy reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify FileDivvy of any unauthorized use of your password.

Payment
General. Access to or use of certain Services requires payment of a subscription or access fee (such services the "Select Services"). By selecting a Select Service via your Account or otherwise, you agree to pay all account charges at the prices then in effect in addition to all applicable taxes and other fees that accrue in relation to use of the Select Services by you or other persons (including your agents) using your Account, and you expressly authorize FileDivvy to charge the payment method you provide during registration (or as updated by you thereafter) (your "Payment Method") for the Select Services you have chosen. Except as set forth under "Termination" below, all fees are non-refundable. All fees and applicable taxes, if any, are payable in United States dollars.

For certain premium accounts, FileDivvy may offer the choice of payment via your Payment Method or corporate account invoicing. For accounts setup on an invoice basis, you agree to pay FileDivvy all amounts stated in such invoices within thirty (30) days of receipt. For more information about the Select Services and available payment methods, refer to the Account Features Page located at http://www.filedivvy.co.za

Recurring Billing. Most subscription plans to the Select Services consist of an initial period, for which there is a one-time charge, followed by recurring periodic charges as agreed to by you (e.g., annual or monthly). By entering into these Terms of Service, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may also periodically authorize your Payment Method in anticipation of subscription fees or related charges.

Auto-renewal. Subscriptions to the Select Services will be automatically extended for successive renewal periods for the same duration as the subscription term originally selected by you, at the then current, non-promotional subscription rate. You may cancel your subscription at any time. Please see the Section below titled "Termination" for further information.

Change in Amount Authorized. If the amount to be charged to your Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and FileDivvy shall provide, notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction.

Free Trials. FileDivvy may offer free trial subscriptions during which you may use the Select Services for the time period specified in the promotional offer ("Trial Period"). Free trial subscriptions may not be combined with any other offer and except as may otherwise be provided in the promotional offer, free trial subscriptions are only available to new customers that have not previously been Registered Users. You will not receive a notice from us that your free Trial Period has ended or that the paying portion of your subscription has begun. You may cancel your subscription at any time. Please see the Section below titled "Termination" for further information. Unless you cancel your subscription prior to the conclusion of the Trial Period, your Payment Method will be charged the applicable recurring subscription fee until you cancel your subscription.

Termination
By You. You may cancel your Account, or change, or cancel your subscription to the Select Services at any time through your Account settings. If you cancel your subscription within three (3) business days after the beginning of the monthly or annual term, your subscription will not be renewed after your then current term expires. For annual subscriptions, if you cancel outside of three (3) business days but within fourteen (14) days of the beginning of the annual term, FileDivvy will convert your Account to a free account and refund to you 90% of the subscription fees paid for the then-current term. If you cancel a monthly subscription more than three (3) business days after the beginning of the monthly term, or you cancel an annual account after the first fourteen (14) days of the term, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period and FileDivvy will not refund any fees paid by you for that period. Instead, your Account will remain active for the remainder of the term for which you paid and will then be converted to a free account. Your non-termination or continued use of the Select Services reaffirms that FileDivvy is authorized to charge your Payment Method. FileDivvy may submit those charges for payment and you will be responsible for such charges. This does not waive FileDivvy’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Select Services.

By Us. FileDivvy reserves the right to discontinue the Services or to change the Services at any time and without prior notice to you, except that FileDivvy will provide notice of such discontinuation to corporate account holders. In the event of such discontinuation by FileDivvy, FileDivvy will refund any fees paid by you, prorated proportionally to the amount of time remaining in the then-current subscription period. For monthly subscriptions, that period is one month, and for annual subscriptions, that period is one year.

If you breach any of these Terms of Service, FileDivvy will have the right to suspend or disable your Account, or terminate these Terms of Service immediately at its sole discretion and without prior notice to you. In the event of your breach of these Terms of Service, FileDivvy will not be required to refund any fees paid by you and you will remain liable for all amounts due hereunder.

Ownership of User Files
As used herein "User Files" means the content, files and folders (including any information or data therein) users may access, store, send, receive, edit, sync, share, or otherwise organize or manage, and to which users may append electronic signatures, via use of the Services, including User Content; and "User Content" means the text, information or other content posted or submitted by users on the Site.

FileDivvy does not claim any ownership rights in any User Files that you make available through the Services. However, by making User Files available through the Services, you grant FileDivvy the nonexclusive, worldwide, transferable right, on a royalty-free basis, with a right to sublicense this right only to third parties assisting FileDivvy in providing the Services to use, copy, distribute and process User Files through the Services on your behalf and on behalf of your customers for the purposes of providing you with the Services and administering your requests, including without limitation, facilitating the secure storage, transfer, and delivery of such User Files.

You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the licenses that both your public and shared folders require, as described above. Please note that moving User Files from your public folders does not revoke the license granted to those individuals who previously accessed those files.

User Files may be protected by intellectual property rights, which are owned by the FileDivvy user making that User File available via a shared or public folder. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the content(s) (either in whole or in part) of another user’s shared folder unless you have been specifically authorized to do so in a separate agreement with the rightful owner of that User File.

Responsibility for User Files
You acknowledge and agree that FileDivvy may establish revised practices and policies concerning access to and use of the Services, including without limitation, the maximum size of the User Files that a user may access and use via the Services as contemplated herein, the maximum number of days that User Files will be stored by the Services, the maximum number of times a user may access the Services in a given period of time, and the maximum number of recipients to which a user may send a User File.

You acknowledge and agree that FileDivvy will not be responsible for any failure of the Services to store User Files, for the deletion of User Files stored on the Services, or for the corruption of or loss of any data, information or content contained in User Files. You have sole responsibility for all User Files that you upload, store, access and transmit via the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Files that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant FileDivvy the rights in such User Files, as contemplated under these Terms of Service; and (ii) neither the User Files nor your uploading, storing, accessing or transmittal of the User Files, or FileDivvy’s use of the User Files on, through or by means of the Services, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

FileDivvy’s Copyright Policy
You will not use the Services to transmit, route, or provide connections to, or store any material that infringes any copyrights or otherwise violates or promotes the violation of the intellectual property rights of any third party. FileDivvy has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the FileDivvy Copyright Policy for further information.

FileDivvy reserves the right, in its sole discretion, at any time and without prior notice, to remove or disable access to any User Files that it believes to be in violation of these Terms of Service or otherwise harmful to the Services. Proprietary Rights

As used herein, "FileDivvy Content" means all text, graphics, images, audio, video, information or other materials made available by FileDivvy through the Services, not including any User Files. As between you and FileDivvy, all right, title, and interest in and to the Services and FileDivvy Content is and will remain the exclusive property of FileDivvy and its licensors, even if FileDivvy incorporates any Feedback into subsequent versions of the Services or otherwise uses such Feedback. The Services and FileDivvy Content are protected by copyright, trademark, and other laws of both the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or FileDivvy Content. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Services or FileDivvy Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FileDivvy or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

Trademarks
FileDivvy, the FileDivvy logo, and all other FileDivvy trademarks, service marks, product names, and trade names of FileDivvy appearing on the Services are owned by FileDivvy. All other trademarks, service marks, product names, and logos appearing on the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Services without the owner’s prior written consent.

General Prohibitions
As a condition to your use of the Services, you agree not to:

Upload, store, access or transmit any User File: (i) that you do not have the lawful right to copy, transmit, distribute, and display (including any User Files that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Files); (ii) for which you do not have the consent or permission of each identifiable person in the User Files to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Files); (iii) that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); (iv) that is false or misleading; (v) that is defamatory; (vi) that is obscene, pornographic, or offensive; (vii) that promotes bigotry, racism, hatred, or harm against any individual or group; or (viii) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use any non-public areas of the Services or FileDivvy’s computer systems, or the technical delivery systems of FileDivvy’s providers;
Attempt to probe, scan, or test the vulnerability of the Services, or any related system, or network, or breach any security or authentication measures used in connection with the Services and such systems and networks;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
Harm or threaten to harm other users in any way, or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Send unsolicited email, junk mail, spam, chain letters, promotions, or advertisements for products or services;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing. FileDivvy will have the right to investigate and prosecute violations of any of the above, including without limitation, possible infringement of any intellectual property rights and possible security breaches to the fullest extent of the law. FileDivvy may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that, although FileDivvy has no obligation to monitor your access to or use of the Services, it has the right to do so for the purposes of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law, or the order or other requirement of a court, administrative agency, or other governmental body.

FileDivvy reserves the right at all times to disclose, in its sole discretion, any User Files as necessary to (a) satisfy any law, regulation, or governmental request, or (b) reduce or prevent what FileDivvy considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another. In appropriate circumstances, FileDivvy may terminate of the accounts and/or delete the User Files of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the intellectual property rights of third parties.

Restrictions. Except as expressly specified in these Terms of Service, you may not: (i) copy, modify or distribute any FileDivvy Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute any FileDivvy Application to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of any FileDivvy Application; (iv) make the functionality of any FileDivvy Application available to multiple users through any means; or (v) use any FileDivvy Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service.

Updates and Upgrades; No Obligation. FileDivvy is not obligated to maintain or support any FileDivvy Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that FileDivvy may from time to time in its sole discretion issue updates or upgrades to any FileDivvy Application, and may automatically update or upgrade the version of any FileDivvy Application that you are using on your mobile device or computer. You consent to such automatic updating or upgrading, and agree that the terms and conditions of these Terms of Service will apply to all such updates or upgrades.

Term and Termination. The license to each FileDivvy Application granted under these Terms of Service remains in effect for a period of 75 years, unless earlier terminated by you or FileDivvy in accordance with this provision. You may terminate the license at any time by destroying all copies of the FileDivvy Application in your possession or control. Without limiting any other terms of these Terms of Service, the license will automatically terminate without notice from FileDivvy if you breach any terms of these Terms of Service. Upon any termination of these Terms of Service, you must cease all use of the FileDivvy Application and promptly delete and destroy all copies, full or partial, of the FileDivvy Application.

Feedback
If you elect to provide us with feedback, comments and suggestions for improvements to the Services (whether written, verbal or in any other format or manner) ("Feedback") we will be free to use and exploit the same in any manner without restriction of any kind and without any need to compensate you. You acknowledge and agree that all Feedback will be the sole and exclusive property of FileDivvy and that you hereby irrevocably assign to FileDivvy, and agree to irrevocably assign to FileDivvy all of your right, title, and interest in and to all Feedback, including, without limitation, all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At FileDivvy’s request and expense, you will execute documents and take such further acts as FileDivvy may reasonably requests to assist FileDivvy in acquiring, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback. Links

The Services may contain links to third party websites. You acknowledge and agree that FileDivvy is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on, or available from, such websites. Links to such websites do not imply any endorsement by FileDivvy of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

Disclaimer of Warranties
THE SERVICES,, AND FILEDIVVY CONTENT ARE PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FILEDIVVY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FILEDIVVY MAKES NO WARRANTY THAT THE SERVICES, THE FILEDIVVY APPLICATIONS OR FILEDIVVY CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR WILL OPERATE AT ANY PARTICULAR SPEED. YOUR USE OF THE SERVICES, FILEDIVVY APPLICATIONS AND FILEDIVVY CONTENT IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT FILEDIVVY WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR THE COMPUTER SYSTEM OF ANY THIRD PARTY RESULTING FROM USE OF THE SERVICES, FILEDIVVY CONTENT OR ANY FILEDIVVY APPLICATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FILEDIVVY OR THROUGH SERVICES, R FILEDIVVY CONTENT OR ANY FILEDIVVY APPLICATION, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity
You will defend, indemnify, and hold harmless FileDivvy, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, or in any way connected with, your access to or use of the Services, any FileDivvy Application, or your violation of these Terms of Service, including, without limitation, third party claims that User Files submitted to the Services by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.

Limitation of Liability
IN NO EVENT WILL FILEDIVVY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS, AND DAMAGE TO HARDWARE OR OTHER SOFTWARE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE USE OR PERFORMANCE OF ANY FILEDIVVY APPLICATION, OR FROM THE USE OF, OR INABILITY TO USE THE SERVICES OR ANY USER FILES SENT THROUGH, STORED BY, OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FILEDIVVY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF ANY LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL FILEDIVVY’S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED THE LESSER OF (A) ONE HUNDRED U.S. DOLLARS ($100); AND (B) THE FEES PAID TO FILEDIVVY BY YOU IN THE TWELVE (12) MONTHS LEADING UP TO THE EVENT GIVING RISE TO SUCH A CLAIM.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FILEDIVVY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Entire Agreement
These Terms of Service represent the entire and exclusive agreement between FileDivvy and you regarding the Services, the FileDivvy Applications and these Terms of Service supersede and replace any prior agreements between FileDivvy and you regarding the Services and FileDivvy Content. Certain areas of the Site (and your access to or use of certain Services or FileDivvy Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Services or FileDivvy Content, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services or FileDivvy Content.

Notices
You consent to the use of: (i) electronic means to complete these Terms of Service and to deliver any notices or other communications permitted or required hereunder (including notices with respect to actual or alleged breaches of security); and (ii) electronic records to store information related to these Terms of Service or your use of the Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (a) by FileDivvy via email (in each case to the address that you provide); or (b) by posting to the Site or through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General
You will not assign any rights granted to you or delegate any of your duties hereunder. Any attempt to do so is void and of no effect. FileDivvy may freely assign these Terms of Service and the rights granted hereunder without restriction. Nothing in these Terms of Service shall constitute a partnership or joint venture between you and FileDivvy. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect. The failure of FileDivvy to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of these Terms of Service.

Privacy Policy

FileDivvy provides managed file sharing, and transmission services which enable users to access, store, send, receive, edit, sync, and share, User Files (defined below) via FileDivvy’s proprietary platform (any and all of the foregoing, the "Services"). The Services include our website www.FileDivvy.co.za and its sub domains (collectively the "Site"), our software plug-ins, tools and applications (including any updates, new versions or new releases thereof).

We may update this Privacy Policy from time to time and will handle your information in accordance with the version that was in place when you submitted it. We will notify you of any changes by posting the new Privacy Policy on the Site. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on the home page of the Site prior to the changes taking effect. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our FileDivvy Terms of Service.

As used in this policy, the terms "using" and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including without limitation collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization.

Information Collection and Use
Our primary goals in collecting information are to provide and improve the Services and the related features and content, to administer your subscription and to enable users to enjoy and easily navigate the Site. Below are the types and categories of information that we collect. As used herein "User Files" means the files and folders (including any information or data therein) users may store, send, receive, edit, sync, share, or otherwise organize or manage, and to which users may append electronic signatures, via use of the Services.

When you register with us through the Services or order certain services from us we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Personal Information"). Personal Information includes, but is not limited to, your name, phone number, credit card or other billing information, email address and home and business postal addresses. We use your Personal Information mainly to provide the Services and administer your inquiries. We also collect certain other information that you provide as part of registration and the administration and personalization of your profile web page (e.g., without limitation, your zip code and the state in which you live) ("Non-Identifying Information").
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Services, complete your transactions, and respond to inquiries.
We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other FileDivvy users (e.g., registered users and non-registered users) to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Services are used. Subject to the section below titled “Information Sharing and Disclosure,” we may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We also use your Personal Information to contact you with FileDivvy newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications, with an explicit request to have your information removed from our mailing list or login to your FileDivvy account and change your “user preferences” with respect to the receipt of communications from us. We will comply with your request as soon as reasonably practicable. We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if a part of our Services is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to disable your account.

Log Data. When you visit the Site or use the Services, whether as a registered user or a non-registered user just browsing, our servers automatically record information about your use of the Services and your visit to the Site ("Log Data"). This Log Data includes the size and name of all User Files that you make available via the Services. The Log Data may also include information such as your computer’s Internet Protocol ("IP") address, your browser type, what FileDivvy Application you were using, the web page you were visiting immediately prior to visiting our Site, pages of our Site that you visited, the time spent on those pages, information you searched for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Services and for the Site’s technical administration, to improve our Services’ functionality and user-friendliness, and to better tailor them to our users needs. We also use this information to verify that users of the Services meet the criteria required to process their requests. Because the names of the User Files you submit are not treated as Personal Information, we recommend that you do not include any personally identifiable information in the User Files that you make available via the Services.

Cookies & Other Technologies
Like many web sites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your registration ID and login password for future logins to the Site. Second, we utilize session cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by FileDivvy users and general web traffic on the Site. We link the information we store in cookies to the Personal Information you submit to us while you are on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you close your browser. We may also use "pixel tags," "web beacons," "clear GIFs" or similar means (individually or collectively "Pixel Tags") in connection with our Site to collect usage and geographical location data. A Pixel Tag is an electronic image, often a single pixel that is ordinarily not visible to users and may be associated with cookies on a user’s hard drive. Pixel Tags help us to determine the effectiveness of promotional or advertising campaigns and allow us to deliver targeted advertising to you regarding our Services when you visit the websites of our advertising partners. Third party advertisers on the Site may also place or read cookies on your browser. FileDivvy does not have access to or control of any cookies that its advertisers may store in your browser and this Privacy Policy does not apply to the use of cookies by advertisers.

You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the web sites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all the functionality of the Services.

We partner with third party ad networks to manage our advertising on other web sites. Our ad network partners use cookies and Pixel Tags to collect non-personally identifiable information about your activities on this Site and other web sites to provide you targeted advertising on the other web sites you visit based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out of the use of your information for such purposes by the certain ad networks list by notifying FileDivvy via it’s website.

Emailing Via a FileDivvy Account
As part of the Services, FileDivvy’s registered users may send a User File, or a notice of a shared User File, to one or more recipients identified by a valid email address. The message created by the FileDivvy registered user will be sent from FileDivvy on the FileDivvy registered user’s behalf to the email addresses the FileDivvy registered user enters into the online form. These email addresses will be stored in the address book the FileDivvy registered user creates and will be used only for the purpose of sending the email communication to the addressee.

Phishing
Identity theft and the practice currently known as "phishing" are of great concern to FileDivvy. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.

Information Sharing and Disclosure
Other than as described in this section, FileDivvy does not rent or share information about you with third parties.

Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers. We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf and to perform Site-related services ("Service Providers"). The types of Services Providers we use include, without limitation, service providers that provide the following types of services: credit card transactions, accounting, customer relationship management, webcasting, web site maintenance, database management, web analytics and web and live chat hosting. Our Service Providers have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Business Transfers. FileDivvy may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. If FileDivvy is involved in such a transaction, you will be notified via email and/or a prominent notice on our Site of any choices you may have regarding your Personal Information.

Corporate Accounts. If you are an individual FileDivvy registered user, and the domain of the primary email address associated with your FileDivvy account is a domain owned by your employer and that email address was assigned to you as an employee of that organization, and that organization establishes a corporate account with FileDivvy and adds you to that account, then certain information concerning past use of your individual account may become accessible to the administrator of that corporate account, such as the text and subject of messages you have sent, the name and content of the User Files you have sent, the date and time messages were sent, and the email addresses of the recipients; provided, however, that such information with respect to User Files that have expired or that have been deleted by you will no longer be accessible to you or to such administrator.

Retention and Deletion. FileDivvy may retain your Account Information indefinitely as required by law or for legitimate business purposes, regardless of whether you have disabled your account as stated above. When you use our Standard Service by default your User Files are deleted from our systems within approximately seven (7) days after you make them available via the service. When you purchase a subscription to our Standard Service your User Files will be stored on our systems according to the “user preferences” you set for the file, if any.

Security
FileDivvy takes safeguarding your information very seriously. We employ generally-accepted, industry-standard administrative, physical and electronic measures designed to protect the Personal Information submitted to us from unauthorized access, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic data storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Links to Other Sites
Our Services contain links to other web sites. If you choose to visit an advertiser by clicking on a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s web site. The fact that we link to a web site or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party web sites. These other web sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other web sites you visit.

Our Policy Toward Children
The Services are not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Testimonials
We post FileDivvy user testimonials on our Site, which may contain Personal Information such as the FileDivvy user’s name. We do obtain the FileDivvy user’s consent to the posting of his or her name along with the testimonial prior to posting the testimonial.

Terms & Conditions

Upload, store, access or transmit any User File: (i) that you do not have the lawful right to copy, transmit, distribute, and display (including any User Files that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Files); (ii) for which you do not have the consent or permission of each identifiable person in the User Files to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Files); (iii) that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); (iv) that is false or misleading; (v) that is defamatory; (vi) that is obscene, pornographic, or offensive; (vii) that promotes bigotry, racism, hatred, or harm against any individual or group; or (viii) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use any non-public areas of the Services or FileDivvy’s computer systems, or the technical delivery systems of FileDivvy’s providers;
Attempt to probe, scan, or test the vulnerability of the Services, or any related system, or network, or breach any security or authentication measures used in connection with the Services and such systems and networks;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
Harm or threaten to harm other users in any way, or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Send unsolicited email, junk mail, spam, chain letters, promotions, or advertisements for products or services;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing. FileDivvy will have the right to investigate and prosecute violations of any of the above, including without limitation, possible infringement of any intellectual property rights and possible security breaches to the fullest extent of the law. FileDivvy may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that, although FileDivvy has no obligation to monitor your access to or use of the Services, it has the right to do so for the purposes of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law, or the order or other requirement of a court, administrative agency, or other governmental body.

FileDivvy reserves the right at all times to disclose, in its sole discretion, any User Files as necessary to (a) satisfy any law, regulation, or governmental request, or (b) reduce or prevent what FileDivvy considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another. In appropriate circumstances, FileDivvy may terminate of the accounts and/or delete the User Files of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the intellectual property rights of third parties.

Restrictions. Except as expressly specified in these Terms of Service, you may not: (i) copy, modify or distribute any FileDivvy Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute any FileDivvy Application to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of any FileDivvy Application; (iv) make the functionality of any FileDivvy Application available to multiple users through any means; or (v) use any FileDivvy Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service.

Updates and Upgrades; No Obligation. FileDivvy is not obligated to maintain or support any FileDivvy Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that FileDivvy may from time to time in its sole discretion issue updates or upgrades to any FileDivvy Application, and may automatically update or upgrade the version of any FileDivvy Application that you are using on your mobile device or computer. You consent to such automatic updating or upgrading, and agree that the terms and conditions of these Terms of Service will apply to all such updates or upgrades.

Term and Termination. The license to each FileDivvy Application granted under these Terms of Service remains in effect for a period of 75 years, unless earlier terminated by you or FileDivvy in accordance with this provision. You may terminate the license at any time by destroying all copies of the FileDivvy Application in your possession or control. Without limiting any other terms of these Terms of Service, the license will automatically terminate without notice from FileDivvy if you breach any terms of these Terms of Service. Upon any termination of these Terms of Service, you must cease all use of the FileDivvy Application and promptly delete and destroy all copies, full or partial, of the FileDivvy Application.

Feedback
If you elect to provide us with feedback, comments and suggestions for improvements to the Services (whether written, verbal or in any other format or manner) ("Feedback") we will be free to use and exploit the same in any manner without restriction of any kind and without any need to compensate you. You acknowledge and agree that all Feedback will be the sole and exclusive property of FileDivvy and that you hereby irrevocably assign to FileDivvy, and agree to irrevocably assign to FileDivvy all of your right, title, and interest in and to all Feedback, including, without limitation, all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At FileDivvy’s request and expense, you will execute documents and take such further acts as FileDivvy may reasonably requests to assist FileDivvy in acquiring, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback. Links

The Services may contain links to third party websites. You acknowledge and agree that FileDivvy is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on, or available from, such websites. Links to such websites do not imply any endorsement by FileDivvy of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

Disclaimer of Warranties
THE SERVICES,, AND FILEDIVVY CONTENT ARE PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FILEDIVVY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FILEDIVVY MAKES NO WARRANTY THAT THE SERVICES, THE FILEDIVVY APPLICATIONS OR FILEDIVVY CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR WILL OPERATE AT ANY PARTICULAR SPEED. YOUR USE OF THE SERVICES, FILEDIVVY APPLICATIONS AND FILEDIVVY CONTENT IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT FILEDIVVY WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR THE COMPUTER SYSTEM OF ANY THIRD PARTY RESULTING FROM USE OF THE SERVICES, FILEDIVVY CONTENT OR ANY FILEDIVVY APPLICATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FILEDIVVY OR THROUGH SERVICES, R FILEDIVVY CONTENT OR ANY FILEDIVVY APPLICATION, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity
You will defend, indemnify, and hold harmless FileDivvy, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, or in any way connected with, your access to or use of the Services, any FileDivvy Application, or your violation of these Terms of Service, including, without limitation, third party claims that User Files submitted to the Services by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.

Limitation of Liability
IN NO EVENT WILL FILEDIVVY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS, AND DAMAGE TO HARDWARE OR OTHER SOFTWARE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE USE OR PERFORMANCE OF ANY FILEDIVVY APPLICATION, OR FROM THE USE OF, OR INABILITY TO USE THE SERVICES OR ANY USER FILES SENT THROUGH, STORED BY, OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FILEDIVVY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF ANY LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL FILEDIVVY’S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED THE LESSER OF (A) ONE HUNDRED U.S. DOLLARS ($100); AND (B) THE FEES PAID TO FILEDIVVY BY YOU IN THE TWELVE (12) MONTHS LEADING UP TO THE EVENT GIVING RISE TO SUCH A CLAIM.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FILEDIVVY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Entire Agreement
These Terms of Service represent the entire and exclusive agreement between FileDivvy and you regarding the Services, the FileDivvy Applications and these Terms of Service supersede and replace any prior agreements between FileDivvy and you regarding the Services and FileDivvy Content. Certain areas of the Site (and your access to or use of certain Services or FileDivvy Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Services or FileDivvy Content, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services or FileDivvy Content.

Notices
You consent to the use of: (i) electronic means to complete these Terms of Service and to deliver any notices or other communications permitted or required hereunder (including notices with respect to actual or alleged breaches of security); and (ii) electronic records to store information related to these Terms of Service or your use of the Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (a) by FileDivvy via email (in each case to the address that you provide); or (b) by posting to the Site or through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General
You will not assign any rights granted to you or delegate any of your duties hereunder. Any attempt to do so is void and of no effect. FileDivvy may freely assign these Terms of Service and the rights granted hereunder without restriction. Nothing in these Terms of Service shall constitute a partnership or joint venture between you and FileDivvy. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect. The failure of FileDivvy to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of these Terms of Service.

Terms & Conditions

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Terms & Conditions