Acceptance of the Terms of Service

Welcome to MTO! (a.k.a. “we” or “us” or the “Company”). We are excited to have you as user and member of our community.

The following terms and conditions (collectively aka. “Terms of Service”) apply to your use of the www.mto.co.za website, including any content, functionality and services offered on or via mto.co.za (aka. the “Website”). It also applies to using the myMTO app (a.k.a. “myMTO app” or “myMTO mobile app” or the “app”).

The Terms of Service also include our Privacy Policy, that you can review here:

Privacy Policy

We don’t like reams of dry legal prose and prefer to keep things informal. But we don’t want there to be any secrets, so please take the time to read the Terms of Service carefully before you start using MTO’s website, mobile apps and/or other services. By using the myMTO mobile app and/or Website, you accept and agree to be bound and abide by the Terms of Service.

Should you disagree with some of the provisions herein, you can opt to not use the myMTO mobile app and/or Website (although we’ll be sad to see you go!). You can also contact us at support@mto.group. We’ll be happy to hear your comments and suggestions.

Changes to the Terms of Service of the myMTO app and/or Website

MTO is an agile, progressive and innovative company. This means a lot will change in the near future. We reserve the right to update the myMTO mobile app and/or Website, as well as the Terms of Service from time to time and at our discretion. We will attempt to announce any major change in a prominent way.

This document is publicly available on myMTO, and you will be able to see the changes for any new version. If you choose to continue using the myMTO mobile app and/or MTO website following the publishing of updated Terms of Service, we will accept that you understand agree to the changes.

Accessing the myMTO mobile app and/or Website: Security and Privacy

We will always aspire to deliver the best services but we can’t guarantee that the myMTO mobile app and/or Website will be available 24/7. We also reserve the right to suspend or restrict access of selected features to users. We cannot be liable if, for any reason, any part or all of the myMTO mobile app and/or Website is unavailable at any time or for any period. Nor are we responsible for any resulting data loss (see also section 7 below).

To access certain features of the myMTO mobile app and/or Website, you have to register by providing an email address and creating a password that matches our security procedures. This information is your responsibility and you must treat it as confidential. Do not disclose it to any third party and only do so if engaging MTO in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend you choose a strong password containing numbers, letters and symbols, as well as variable case. (e.g. “grSA#+-V@!$Se”). You should log out from your account at the end of every session to prevent unauthorised access from your devices.

It is a condition of your use of the myMTO mobile app and/or Website that all the information you provide on the myMTO mobile app and Website is correct, current and complete. In future, you may be asked to provide certain registration details or other information.

As is customary and a prerogative for internet websites, we reserve the right to disable any user account, at any time at our sole discretion for any or no reason. This includes, if in our opinion, you have failed to comply with any provision of these Terms of Service.

We use SSL encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We do not guarantee that the myMTO mobile app and/or Website, nor any content provided on the myMTO mobile app and/or Website, is error free. We manage your personal data according to our Privacy Policy.

Intellectual Property Rights and Use Guidelines

The myMTO mobile app and/or Website and its original content, features and functionality (including the visual design and elements – we’re proud of our image!), are owned by MTO. These are protected by South African and international laws, including copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

MTO is about collaborating and creating exceptional experiences but to protect our intellectual rights, you agree to not copy, modify, create derivative works of, publicly display, publicly perform or republish any of our copyrighted material, except to the extent permitted by the myMTO mobile app and/or Website itself. If you have doubts about whether or how to use the material on the myMTO mobile app and/or Website, please contact us at support@mto.group.

For purposes of these Terms of Service, the term “Content” includes without limitation: information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the myMTO mobile app and/or Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed or posted to the myMTO mobile app and/or Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. Your contribution automatically confirms that any User Content provided by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations.

You acknowledge that all Content, including User Content, accessed by you using the myMTO mobile app and/or Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the myMTO mobile app and/or Website is or will continue to be accurate.

By submitting public User Content through the myMTO mobile app and Website, you hereby continually grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the myMTO mobile app and/or Website and our (and our successors’ and assigns’) businesses. This includes without limitation promoting and redistributing part or all of the myMTO mobile app and/or Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds).

You also hereby continually grant each user of the myMTO mobile app and/or Website a non-exclusive perpetual license to access your User Content through the myMTO mobile app and/or Website and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.

To be clear, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including and without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights or any other intellectual property or proprietary rights.

We do not guarantee that any Content will be made available on the myMTO mobile app and/or Website. We reserve the right to, but do not have any obligation to,

(i) remove, edit or modify any Content from the myMTO mobile app and/or Website at our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content, if we are concerned that you may have violated these Terms of Service), or for no reason at all and

(ii) to remove or block any Content from the myMTO mobile app and/or Website.

You are permitted to use the myMTO mobile app and/or Website for your personal non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with the Terms of Service. Prohibited uses include violation of laws and regulations, hacking the myMTO mobile app and/or Website in any manner or violating the Content Standards set below.

No right, title or interest in or to the myMTO mobile app and/or Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the myMTO mobile app and/or Website not expressly permitted by the Terms of Service is a breach of the Terms of Service and can lead to account termination.

We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time (collectively “Feedback”).

When you provide Feedback you grant us, under all rights, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the myMTO mobile app and/or Website or other products or services.

The myMTO mobile app and/or Website may contain Content specifically provided by us, our partners or our users. Such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the myMTO mobile app and/or Website.

Content Standards. Special Disclaimer for legal content

The myMTO mobile app and/or Website may contain user generated content, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the myMTO mobile app and/or Website.

All User Content must be lawful, not spam or part of spamming and clear of viruses, malware or any other form of unauthorised application. More specifically, but without limiting the foregoing, User Content must comply with the following Content Standards:

  • Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person or organisation.
  • Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms of Service.
  • Not be likely to deceive any person.
  • Not promote any illegal activity or advocate, promote or assist any unlawful act.
  • Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass or alarm any other person.
  • Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organisation.
  • Not give the impression that they emanate from us or any other person or entity, if this is not the case.

Law and Copyright Infringement

We do not undertake to review all material before it is posted on the myMTO mobile app and/or Website, and cannot ensure prompt removal of objectionable material after it has been posted.

Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order.

You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

If you believe that any User Content violates your copyright, please follow the procedure set forth by Section 77 of the ECT Act and provide us a written takedown notice including the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient for us to contact you, such as email, address and/or telephone number.
  • A statement that you in good faith, believe that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notice should be addressed to:

support@mto.group

or via post to

MTO Group Support
Private Bag X 5024
Stellenbosch
7599

Disclaimer of Warranties, Limitations of Liability and Indemnification

Your use of the myMTO mobile app and/or Website is at your own risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including and without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

We are not liable for damages, direct or consequential, resulting from your use of the myMTO mobile app and/or Website and you agree to defend, indemnify and hold us unaccountable from any claims, losses, liability costs and expenses arising from your violation of any third-party’s rights.

You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the myMTO mobile app and/or Website. Because the myMTO mobile app and/or Website is not error- or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party’s property or information.

Geographic Restrictions

At present we provide the myMTO mobile app and/or Website for use only by persons located within South Africa. We make no claims that the myMTO mobile app and/or Website or any of its content is accessible, appropriate or legal outside of South Africa. If you access the myMTO mobile app and/or Website from outside South Africa, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the Republic of South Africa without giving effect to any choice or conflict of law provision or rule.

The law governing the Terms of Service, including without limitation its interpretation and all disputes arising out of the Terms of Service, is the law of South Africa. Any legal suit, action or proceeding arising out of, or related to, the Terms of Service or the myMTO mobile app and/or Website shall be dealt with in the jurisdiction of the Magistrates Court of South Africa.

Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MTO and governs your use of the service superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service).

If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Feedback 

We welcome any comment, question and communication at support@mto.group