Last updated: December 2018
Please read this agreement ("Terms", "Terms and Conditions") carefully before using the http://www.fumigationsolutions.com website and the Fumigation Solutions mobile application (the "Service") operated by Premier Pest Control Services (Pvt) Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. Please read this agreement carefully before clicking the "I Agree" button and/or downloading or using Fumigation Solutions App ("Application").
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purpose
The purpose of the application is to monitor pest infestation and to manage fumigation of pests in storage areas. The application aims to collate the data received from the pest traps and make it available to various organizations. Application users will have access to the application on various levels of access and editing ability according to their classification as Pest Control Operators, Merchants or Customers.
The Pest Control Operator captures all data relating to the fumigation process on the Application including gas concentration levels and pest trap findings. The data will immediately become accessible on the application.
The application may produce fumigation certificates automatically if required.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring monthly or annual basis depending on your subscription.
Content
Our Service allows you to view, post, edit, download, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for providing information that is accurate and for utilizing the information ethically.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
We have has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
We reserve the right to suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
License
We grant you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for monitoring, testing, tracking, job allocation purposes strictly in accordance with the terms of this Agreement.
This Application is protected by Zimbabwe and international Copyright laws. Reproduction and utilization of this application without our prior written consent is strictly prohibited.
We own all right, title and interest, including all Intellectual Property Rights, in and to the application; the Trademarks; copyright and all other intellectual property associated with the application.
Restrictions
You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Term and Termination
This Agreement shall remain in effect until terminated by you or us.
We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from us in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Disclaimer and Warrantees
The information contained on our website or the Application is for general information purposes only. We assume no responsibility for errors or omissions in the contents on the Service.
We will not be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the service or the contents of the service.
We reserve the right to make additions, deletions, or modification to the contents on the service at any time without prior notice.
We do not warrant that the website or application is free of viruses or other harmful components.
This application is provided "as is" and we hereby disclaim all warranties of any kind, whether express or implied, relating to the application, its third party components, including software development, and any data accessed therefrom, or the accuracy, timeliness, completeness, or adequacy of the software, its third party components, and any data accessed therefrom, including the implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. We do not warrant that the software or its third party components are error-free or will operate without interruption. If the software or application, its third party components, or any data accessed therefrom is defective, you assume the sole responsibility for the entire cost of all repairs or injury of any kind, even if we have been advised of the possibility of such defects or damages.
No oral or written information or advice given by us, our affiliates, licensees, dealers, sub-licensors, agents or employees shall create a warranty or in any way increase the scope of any warranty.
Information Collection and Use
While using our application or website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name, e-mail address, physical address, telephone number and place of work ("Personal Information").
Log Data
Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data").
This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this.
Communications
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that we feel may be of benefit to you.
Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
The information relating to fumigation disclosed on the Application, by its nature is visible to many users including the governing bodies, pest control operators, other customers and merchants. You explicitly agree to the sharing of this information by using this application.
Privacy Policy
Except as disclosed in this agreement, we do not share your Personal Information with unaffiliated third parties. We will never disclose your Personal Information to an unaffiliated third party for the purposes of email or other marketing unless we first obtain your consent to do so.
We agree to take all reasonable steps to protect the information we acquire from you, however we will not be liable for any information that is leaked to the public through actions out of our reasonable control.
This Privacy Policy is effective as of December 2018 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.
Miscellaneous
No party will be liable for any failure or delay in performance of any of its obligations hereunder if such delay is due to acts of God, fires, flood, storm, explosions, earthquakes, general Internet outages, acts of war or terrorism, riots, insurrection or intervention of any government or authority; provided, however, that any such delay or failure will be remedied by such party as soon as reasonably possible. Upon the occurrence of a force majeure event, the party unable to perform will, if and as soon as possible, provide notice to the other parties indicating that a force majeure event occurred and detailing how such force majeure event impacts the performance of its obligations.
It is the intention of the parties that You and Us are, and will be deemed to be, independent contractors with respect to the subject matter of this Agreement, and nothing contained in this Agreement will be deemed or construed in any manner whatsoever as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship between ourselves and You.
This Agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes and claims) are governed by and construed in accordance with the laws of Zimbabwe. The parties irrevocably agree that the courts of Zimbabwe have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes and claims).
This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and thereof and will supersede all prior agreements and communications of the parties, oral or written.
Any of the provisions of this Agreement may be waived by the party entitled to the benefit thereof. No party will be deemed, by any act or omission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the waiving party, and then only to the extent specifically set forth in such writing. A waiver with reference to one event will not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event.