TERMS AND CONDITIONS
Last updated: November 24, 2024
AGREEMENT TO OUR LEGAL TERMS
This document outlines the terms and conditions under which you may access and use the services provided by Office Harbour ("Company," "we," "us," or "our"). Office Harbour is a company registered in South Africa with its principal office located at 42 Majuba Lane, Morningside, Sandton, Gauteng, 2057, South Africa. Our services include the website https://officeharbour.com (the “Site”), the mobile application Office Harbour App (the “App”), and any related products or services that reference or link to these legal terms (collectively, the “Services”). Office Harbour specializes in connecting businesses with flexible office solutions tailored to their needs, offering bespoke office spaces in prime locations globally to support seamless expansion or relocation. For any inquiries, you may contact us: Phone: (+27) 0622774020 Email: legal@officeharbour.com Mail: 42 Majuba Lane, Morningside, Sandton, Gauteng, 2057, South Africa By accessing or using the Services, you confirm that you have read, understood, and agreed to these legally binding terms (“Legal Terms”). If you do not agree to all these Legal Terms, you are expressly prohibited from using the Services and must discontinue their use immediately. We reserve the right to modify these Legal Terms at any time. Any updates will be communicated via email at legal@officeharbour.com or posted directly on the Services. Modifications become effective upon notification. By continuing to use the Services after the effective date of any changes, you agree to the revised terms. The Services are intended for individuals who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print or save a copy of these Legal Terms for your records.
TABLE OF CONTENTS
OUR SERVICES INTELLECTUAL PROPERTY RIGHTS USER REPRESENTATIONS USER REGISTRATION PURCHASES AND PAYMENT PROHIBITED ACTIVITIES USER-GENERATED CONTRIBUTIONS CONTRIBUTION LICENSE GUIDELINES FOR REVIEWS MOBILE APPLICATION LICENSE SOCIAL MEDIA THIRD-PARTY WEBSITES AND CONTENT ADVERTISERS SERVICES MANAGEMENT PRIVACY POLICY COPYRIGHT INFRINGEMENTS TERM AND TERMINATION MODIFICATIONS AND INTERRUPTIONS GOVERNING LAW DISPUTE RESOLUTION CORRECTIONS DISCLAIMER LIMITATIONS OF LIABILITY INDEMNIFICATION USER DATA ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES SMS TEXT MESSAGING CALIFORNIA USERS AND RESIDENTS MISCELLANEOUS CONTACT US
1. OUR SERVICES
The Services are intended for lawful use only and may not be distributed or used in jurisdictions where such use would violate applicable laws or regulations or impose registration requirements upon us. Individuals accessing the Services from outside South Africa do so at their own discretion and are solely responsible for compliance with local laws. The Services are not designed to comply with industry-specific regulations, such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). Users subject to such regulations must not use the Services. Furthermore, you are prohibited from using the Services in any manner that violates the Gramm-Leach-Bliley Act (GLBA). These Terms and Conditions aim to protect both you and Office Harbour by clearly outlining our mutual rights and responsibilities. If you have questions, please contact us using the details provided above.
2. INTELLECTUAL PROPERTY RIGHTS
Ownership of Intellectual Property We either own or hold valid licenses for all intellectual property rights in our Services, including, but not limited to, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics contained within the Services (collectively, the "Content"). Additionally, all trademarks, service marks, and logos (the "Marks") associated with the Services are our property or licensed to us. Our Content and Marks are protected under copyright and trademark laws, as well as various other intellectual property and unfair competition laws, both in the United States and internationally. All Content and Marks are provided on an "AS IS" basis for your personal, non-commercial use or internal business purposes only, subject to the terms and conditions outlined herein. Your Rights and Restrictions Permitted Use Provided you comply with these Legal Terms, including the restrictions outlined in the "Prohibited Activities" section, we grant you a limited, non-exclusive, non-transferable, and revocable license to: Access the Services, and Download or print copies of the Content to which you have lawful access, solely for your personal, non-commercial use or internal business purposes. Prohibited Use Except as expressly permitted in this section or elsewhere in these Legal Terms, you may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Services, Content, or Marks for any commercial purpose without our explicit prior written consent. If you wish to utilize the Services, Content, or Marks beyond what is permitted herein, please submit your request to legal@officeharbour.com. If we grant permission, any reproduction or public display of the Content must include proper attribution to us as the owner or licensee and retain any applicable copyright or proprietary notices. We reserve all rights not expressly granted to you concerning the Services, Content, and Marks. Any unauthorized use constitutes a material breach of these Legal Terms and will result in the immediate termination of your rights to use the Services. Submissions and Contributions Submissions By submitting any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions") directly to us, you assign all intellectual property rights in such Submissions to us. We will own the Submissions and may use, disclose, or distribute them for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. Contributions The Services may allow you to submit, post, or share content ("Contributions"), such as text, images, videos, audio, graphics, reviews, or other materials. Any publicly posted Submission will also be treated as a Contribution. By posting Contributions, you grant us an unrestricted, irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free license to use, reproduce, distribute, sell, publish, display, reformat, translate, create derivative works, and otherwise exploit your Contributions for any purpose, in any medium, without compensation. This license also includes the use of your name, trademarks, logos, or any other identifying materials associated with the Contributions. Responsibilities for Submissions and Contributions By submitting Submissions or Contributions, you confirm that: You have reviewed and agree to the "Prohibited Activities" section. Your Submissions and Contributions do not include unlawful, harmful, defamatory, or otherwise inappropriate content. Your Submissions and Contributions are original to you or that you have secured all necessary rights and permissions to grant the rights outlined herein. You waive all moral rights to your Submissions and Contributions to the extent permitted by law. Your Submissions and Contributions do not contain confidential information. You assume sole responsibility for your Submissions and Contributions and agree to indemnify us for any losses arising from your breach of these terms or any third-party intellectual property rights. Editing and Removal of Contributions While we are not obligated to monitor Contributions, we reserve the right to edit or remove them without notice if, in our reasonable opinion, they violate these Legal Terms or are harmful. We may also suspend or disable your account and report violations to relevant authorities if necessary. Copyright Infringement We respect the intellectual property rights of others. If you believe any material available through the Services infringes upon your copyright, please refer to the "Copyright Infringements" section for detailed instructions on how to notify us.
3. USER REPRESENTATIONS
By accessing or using the Services, you affirm, represent, and warrant the following: All registration information you provide is truthful, accurate, current, and complete. You will ensure the continued accuracy of such information and promptly update it as necessary. You possess the legal capacity to enter into these Legal Terms and agree to comply fully with them. You are not a minor in the jurisdiction where you reside. You will not access the Services through automated or non-human means, including but not limited to bots, scripts, or other automated methods. You will not use the Services for any unlawful or unauthorized purposes. Your use of the Services complies with all applicable laws and regulations. Should any information you provide prove to be untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any current or future access to the Services (or any part thereof).
4. USER REGISTRATION
To access certain features of the Services, you may be required to register an account. You agree to keep your account credentials, including your password, confidential and understand that you are responsible for all activities that occur under your account. We retain the right to remove, reclaim, or alter a username you select if, in our sole discretion, we determine it is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
Refund Policy: All purchases made through the Services are final and non-refundable. Payment Methods: We accept the following forms of payment: [Insert Accepted Payment Methods]. You agree to provide accurate, complete, and up-to-date purchase and account information for all transactions made via the Services. This includes promptly updating your account information, such as your email address, payment method, and payment card expiration date, to ensure we can complete your transactions and communicate with you as necessary. Applicable sales tax will be added to your purchase total as required by law. Prices for the Services or products offered may change at any time, at our sole discretion. All payments must be made in [Insert Currency]. You agree to pay all charges associated with your purchases, including applicable shipping fees, at the rates in effect at the time of purchase. By placing an order, you authorize us to charge your chosen payment method for the total amount of the purchase. In the event of errors or inaccuracies in pricing, we reserve the right to correct such errors, even if payment has already been processed. Order Limitations: We reserve the right to refuse any order placed through the Services. At our sole discretion, we may limit or cancel quantities purchased per individual, household, or order. These restrictions may include orders placed under the same customer account, payment method, or using the same billing or shipping address. Additionally, we reserve the right to restrict or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than those for which they are expressly provided. The Services shall not be utilized in connection with any commercial activities unless specifically authorized or approved by us in writing. As a user of the Services, you agree that you shall not: Systematically extract or compile data or other content from the Services to create, directly or indirectly, a collection, compilation, database, or directory without our prior written consent. Engage in deceit, fraud, or misrepresentation, including attempts to obtain sensitive account information such as user passwords. Circumvent, disable, or interfere with any security features of the Services, including those restricting the copying or use of any content or enforcing usage limitations. Disparage, tarnish, or otherwise harm our reputation or the Services, as determined in our sole discretion. Use any information from the Services to harass, abuse, or harm any person. Misuse our support services or submit false claims of abuse or misconduct. Use the Services in a manner contrary to applicable laws or regulations. Engage in unauthorized framing of, or linking to, the Services. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other harmful material, or engage in activities such as excessive use of capital letters or spamming, that disrupt the functionality or user experience of the Services. Use automated systems, such as scripts, bots, or data mining tools, to interact with the Services, unless expressly permitted by us. Remove any copyright or proprietary rights notices from content available on the Services. Impersonate another user or person, or misrepresent your identity. Upload or transmit material containing passive or active data collection mechanisms, including but not limited to clear GIFs, cookies, or spyware, without our authorization. Interfere with, disrupt, or place an undue burden on the Services or related networks and systems. Harass, intimidate, or threaten our employees or agents involved in providing any part of the Services. Attempt to bypass security measures designed to restrict access to the Services or portions thereof. Copy, adapt, or reverse engineer any software forming part of the Services, except as expressly permitted by law. Use the Services as part of any unauthorized commercial venture, including advertising or offering to sell goods or services. Transfer or sell your user profile without our prior approval. Engage in data collection or other activities unrelated to the intended purpose of the Services without our explicit consent. Use our Services on external websites without our authorization.
7. USER-GENERATED CONTRIBUTIONS
The Services may allow users to engage in interactive features such as blogs, message boards, forums, and other functionalities, permitting the creation, submission, or publication of content (collectively, “Contributions”). Contributions may include, but are not limited to, text, writings, videos, audio files, photographs, graphics, comments, and suggestions. Such Contributions may be visible to other users and through third-party platforms and shall be considered non-confidential and non-proprietary. By submitting Contributions, you represent and warrant that: Your Contributions do not infringe on the intellectual property or other proprietary rights of any third party, including copyright, trademarks, and trade secrets. You possess the necessary rights, licenses, and consents to grant us and other users permission to use your Contributions as intended by the Services and these terms. You have obtained all necessary consents from any identifiable individuals featured in your Contributions. Your Contributions are truthful and not misleading. Your Contributions do not constitute unsolicited advertisements, spam, or other unauthorized solicitations. Your Contributions are not obscene, defamatory, harassing, violent, or otherwise objectionable. Your Contributions comply with all applicable laws, regulations, and third-party rights, including those protecting minors. Your Contributions do not promote discrimination, hatred, or violence. Any violation of the above may result in suspension or termination of your rights to use the Services.
8. CONTRIBUTION LICENSE
By posting Contributions on the Services, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, publish, distribute, publicly display, modify, and create derivative works from such Contributions in any format and medium. This includes the right to sublicense these rights and to use your name, trademarks, and other identifying details in connection with your Contributions. You retain full ownership of your Contributions, including intellectual property rights, but waive any moral rights in your Contributions to the extent permitted by law. We reserve the right to edit, re-categorize, or remove Contributions at our sole discretion and have no obligation to monitor user-submitted content.
9. Guidelines for Reviews
We may provide sections within the Services where you can submit reviews or ratings. By posting a review, you agree to comply with the following conditions: You must have direct, personal experience with the individual or entity being reviewed. Your review must not include offensive language, profanity, or abusive, racist, hateful, or otherwise objectionable content. Your review must not include discriminatory remarks based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability. Your review must not reference or encourage illegal activity. You must not be affiliated with competitors if you are posting negative reviews. You must refrain from making determinations about the legality of conduct. Your review must not contain false or misleading information. You may not organize or participate in campaigns aimed at influencing others to post reviews, whether positive or negative. We reserve the sole discretion to accept, reject, or remove reviews, and we are under no obligation to monitor, review, or delete content even if deemed objectionable or inaccurate by others. Reviews do not reflect our opinions or those of our affiliates or partners, and we assume no liability for any review or any claims, liabilities, or damages resulting from its publication. By submitting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable license to reproduce, modify, translate, transmit, display, perform, and distribute the content of your review by any means.
10. Mobile Application License
Use License If you access the Services via our mobile application (the "App"), we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the App on wireless electronic devices that you own or control and to access the App in accordance with these Legal Terms. You agree not to: Decompile, reverse engineer, disassemble, derive the source code of, or decrypt the App except where expressly permitted by applicable law. Modify, adapt, enhance, or create derivative works from the App. Use the App in violation of any applicable laws, rules, or regulations. Remove, alter, or obscure any proprietary notices (including copyright or trademark notices) within the App. Use the App for revenue-generating activities, commercial purposes, or any other unauthorized uses. Make the App accessible over a network or environment that allows access by multiple devices or users simultaneously. Use the App to create a competing product, service, or software. Use the App to send automated queries, spam, or unsolicited commercial emails. Use proprietary information, interfaces, or our intellectual property for the development, licensing, or distribution of applications, accessories, or devices in conjunction with the App. Apple and Android Devices If you download the App from an App Distributor (such as the Apple App Store or Google Play), the following additional terms apply: The license granted to you is limited to use on a device operating under Apple iOS or Android, subject to the usage rules of the respective App Distributor. We are responsible for providing maintenance and support for the App as required by these Legal Terms and applicable law. The App Distributor has no such obligations. In case of a defect or failure of the App to conform to any applicable warranty, you may notify the App Distributor, and any applicable refund will be processed per the distributor's policies. Beyond this, the App Distributor has no further warranty obligations. You represent and warrant that you are not in a country subject to a U.S. government embargo, designated as supporting terrorism, or on any U.S. government list of prohibited or restricted parties. You agree to comply with all third-party terms applicable to your use of the App. You acknowledge that the App Distributor is a third-party beneficiary of these Legal Terms and has the right to enforce them against you.
11. Social Media Integration
The Services may allow you to connect your account with third-party service providers ("Third-Party Accounts"). By linking such accounts, you represent and warrant that you are authorized to provide access and grant us the ability to retrieve content from the Third-Party Account under its applicable terms. You agree that: We may access, store, and make available content from your Third-Party Accounts, including friend lists or similar data. The availability of Third-Party Account content on the Services is contingent on the availability of the Third-Party Account itself. You can disable these connections at any time, but doing so may limit certain functionalities. We are not responsible for the accuracy, legality, or content from any Third-Party Accounts and disclaim all liability for any issues arising from the use of linked accounts.
12. Third-Party Websites and Content
The Services may include links to external websites or third-party content, such as text, graphics, audio, or software. We do not monitor or endorse these external resources and are not liable for their content, accuracy, or practices. If you navigate to a third-party website or use third-party content, you do so at your own risk, and these Legal Terms no longer apply. You should review the terms and policies of any third-party website or service. Purchases made through third-party websites are strictly between you and the provider, and we are not responsible for any issues arising from such transactions. You agree to hold us harmless for any losses or damages resulting from third-party websites or content.
13. ADVERTISERS
We may permit advertisers to display their advertisements and other promotional content within designated areas of the Services, such as sidebars or banners. Our role is limited to providing the platform for these advertisements, and we do not maintain any further relationship or involvement with the advertisers beyond this arrangement.
14. SERVICES MANAGEMENT
We retain the right, though not the obligation, to: (1) monitor the Services for compliance with these Legal Terms; (2) take any appropriate legal action against individuals who, at our sole discretion, violate applicable laws or these Legal Terms, including but not limited to reporting such individuals to law enforcement authorities; (3) refuse, restrict, limit, or disable access to your Contributions or portions thereof, at our sole discretion and to the extent technologically feasible, without prior notice or liability; (4) remove or disable content from the Services that is excessively large or otherwise burdensome to our systems, at our sole discretion and without prior notice; and (5) manage the Services in a manner that protects our rights and property and ensures the proper functionality of the Services.
15. PRIVACY POLICY
We value your privacy and data security. Please review our Privacy Policy, available at: https://officeharbour.com/privacy-policy. By using the Services, you agree to the terms of our Privacy Policy, which is hereby incorporated into these Legal Terms. Please note that the Services are hosted in South Africa. If you access the Services from a jurisdiction with laws governing data collection, use, or disclosure that differ from South African law, by continuing to use the Services, you consent to the transfer and processing of your data in South Africa.
16. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available through the Services infringes on your copyright, please notify us immediately using the contact information provided below (a "Notification"). A copy of your Notification may be provided to the individual or entity responsible for the material in question. Please be aware that under applicable law, you may be held liable for damages if you knowingly make a false or misleading statement in a Notification. If you are uncertain whether material available on or linked to by the Services infringes your copyright, you may wish to consult with legal counsel before filing a Notification.
17. TERM AND TERMINATION
These Legal Terms shall remain in effect as long as you use the Services. WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING SPECIFIC IP ADDRESSES) TO ANY INDIVIDUAL FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR VIOLATIONS OF ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE LEGAL TERMS, OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR ACCOUNT, YOUR USE OF THE SERVICES, OR REMOVE ANY CONTENT YOU POST AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION. If your account is terminated or suspended for any reason, you are prohibited from registering or creating a new account under your name, a false or borrowed name, or the name of a third party, even if you act on their behalf. In addition to account termination or suspension, we reserve the right to pursue appropriate legal remedies, including but not limited to civil, criminal, and injunctive relief.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, amend, or remove content from the Services at any time and for any reason, at our sole discretion, without prior notice. However, we are under no obligation to update the information contained on the Services. We shall not be liable to you or any third party for any modifications, changes in pricing, suspensions, or discontinuations of the Services. We do not guarantee the uninterrupted availability of the Services. Hardware, software, or other issues may result in interruptions, delays, or errors. Additionally, maintenance activities may disrupt access to the Services. We reserve the right to change, suspend, discontinue, or otherwise modify the Services at any time, without prior notice. You agree that we shall not be held liable for any loss, damage, or inconvenience resulting from the inability to access or use the Services during any such downtime or discontinuance. These Legal Terms do not obligate us to provide ongoing maintenance, support, updates, or corrections for the Services.
19. GOVERNING LAW
These Terms shall be governed by and interpreted in accordance with the laws of South Africa. Both Office Harbour and you irrevocably agree that the courts of South Africa shall have exclusive jurisdiction to resolve any dispute arising in connection with these Terms.
20. DISPUTE RESOLUTION
Informal Negotiations To facilitate efficient resolution and minimize the costs of any dispute, controversy, or claim related to these Terms (individually, a "Dispute," and collectively, the "Disputes"), the Parties agree to first attempt to resolve any Dispute informally. Such informal negotiations shall occur for no less than thirty (30) days before initiating arbitration. These negotiations shall commence upon written notice from one Party to the other. Binding Arbitration Any Dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred to and resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Brussels, Belgium, Avenue Louise, 146), in accordance with its rules, which are deemed to be incorporated by reference into this clause. The arbitration shall be conducted by __________ arbitrator(s). The legal seat of arbitration shall be Johannesburg, South Africa. The proceedings shall be conducted in English. The governing law of these Terms shall be the substantive law of South Africa. Restrictions The Parties agree that arbitration shall be limited to the Dispute between the Parties individually. To the maximum extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there shall be no right or authority for any Dispute to be arbitrated on a class-action basis or through class-action procedures; and (c) no Dispute may be brought in a representative capacity on behalf of the public or any other persons. Exceptions to Informal Negotiations and Arbitration The following Disputes are exempt from the above provisions on informal negotiations and arbitration: (a) any Dispute seeking to enforce or protect the intellectual property rights of a Party; (b) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If any portion of this clause is deemed illegal or unenforceable, neither Party shall elect arbitration for Disputes falling within that portion, and such Disputes shall be resolved exclusively by a court of competent jurisdiction as outlined above. The Parties hereby consent to the personal jurisdiction of such court.
21. CORRECTIONS
We reserve the right to correct any typographical errors, inaccuracies, or omissions found within the Services, including those related to descriptions, pricing, or availability, at any time without prior notice.
22. DISCLAIMER
The Services are provided "as is" and "as available." Your use of the Services is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy or completeness of the Services’ content or any third-party content linked through the Services. We accept no liability for: Errors or inaccuracies in the content or materials provided; Personal injury or property damage resulting from the use of the Services; Unauthorized access to or use of our servers or any stored personal or financial information; Interruption of service transmissions; Malware or harmful content transmitted through the Services; or Loss or damage arising from reliance on content available via the Services. We make no guarantees for products or services offered by third parties through the Services or any linked websites. You are advised to exercise caution and apply judgment when engaging in such transactions. 23. LIMITATIONS OF LIABILITY Under no circumstances shall we, our directors, employees, or agents, be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, including lost profits, revenue, data, or other damages arising from your use of the Services. Our liability, if any, shall not exceed the amount you have paid to us, if any. Some jurisdictions do not allow the exclusion of implied warranties or limitations of liability for incidental or consequential damages; in such cases, these exclusions and limitations may not apply to you, and additional rights may be available.
24. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless our company, its subsidiaries, affiliates, and all of their respective officers, agents, partners, and employees from and against any claims, liabilities, losses, damages, or demands, including reasonable attorneys' fees and associated expenses, brought by any third party arising out of or related to: (1) your Contributions; (2) your use of the Services; (3) your violation of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your infringement or violation of a third party’s rights, including but not limited to intellectual property rights; or (6) any intentional or negligent harmful act directed at another user of the Services with whom you have interacted through the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to your indemnification obligations, and you agree to fully cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding requiring your indemnification upon becoming aware of it.
25. USER DATA
We may maintain certain data that you provide to the Services for purposes of managing the Services’ performance and data related to your usage of the Services. While we implement routine data backups, you remain solely responsible for all data you transmit or that pertains to activities conducted under your use of the Services. You agree that we are not liable for any loss or corruption of such data, and you hereby waive any claims against us arising from any such loss or corruption.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By accessing the Services, sending emails to us, or completing online forms, you consent to engage in electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, whether via email or through the Services, satisfy any legal requirements for such communications to be in writing. YOU EXPRESSLY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTIONAL DOCUMENTS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You waive any statutory or regulatory rights requiring an original (non-electronic) signature, delivery, or retention of non-electronic records, or payments through methods other than electronic means, to the extent permissible by applicable law.
27. SMS TEXT MESSAGING
Opting Out You may opt out of receiving SMS messages from us at any time by replying to any message with the word "STOP." You may receive a confirmation message indicating your opt-out has been processed. Message and Data Rates Message and data rates may apply to SMS messages sent or received, as determined by your mobile carrier and plan. Support For any questions or support regarding SMS communications, please contact us via email at legal@officeharbour.com or by phone at (+27) 062 277 4020.
28. CALIFORNIA USERS AND RESIDENTS
If you reside in California and any complaint you have with us remains unresolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
29. MISCELLANEOUS
These Legal Terms, together with any policies or rules posted by us on the Services, constitute the entire agreement between you and us concerning your use of the Services. Our failure to enforce any provision or right under these Legal Terms shall not be construed as a waiver of such provision or right. These Legal Terms shall be enforced to the fullest extent permissible by law. We may assign our rights and obligations under these Legal Terms at any time. We are not liable for any delay, failure to perform, or damages caused by circumstances beyond our reasonable control. If any provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from these Legal Terms, and the remaining provisions shall remain valid and enforceable. No partnership, joint venture, employment, or agency relationship is created between you and us by your use of the Services or by these Legal Terms. You agree that these Legal Terms shall not be interpreted against us by virtue of having drafted them. You further waive any defenses related to the electronic form of these Legal Terms and the absence of physical signatures by the parties.
30. CONTACT US
To raise any complaints regarding the Services or request additional information, please contact us at: Office Harbour 42 Majuba Ln, Morningside, Sandton, 2057, South Africa Sandton, Gauteng 2057 South Africa Phone: (+27)0622774020 legal@officeharbour.com