• The Hey Jude App is offered as a subscription based personal concierge service, including but not limited to, providing entertainment, emergency services, assistant services, lifestyle enhancements, and supplier management services.

• The Programme may be provided via artificial intelligence and/or a human contact service centre and/or accessible via the Hey Jude App 24 hours a day, 7 days a week.

Conditions of Membership

The use of the Programme shall be at the subscriber’s own initiative and risk.

The service providers:

• merely provide access to the Programme;

• make no representations, give no warranty of any kind, express or implied, regarding the suitability or performance of the Programme to the subscribers;

• make no specific promises regarding the Services, their reliability, availability, or ability to meet them subscribers needs;

• accept no liability of any nature, including for any loss arising from his/her use of the Programme or the services

• The service providers accept no responsibility, financial or otherwise, for the misuse of the Programme and will have no liability for any loss through the use of the Programme or the provision of goods or services by the service providers.

• The subscribers shall be responsible for the payment of any goods and services bought and used as a result of making use of the;

• transactions conducted through the Hey Jude App shall, in addition to any merchant fees, incur 5% processing fee, and such fees will be added to any transaction at the time of purchase, but the subscriber shall at such time be entitled to continue the purchase inclusive of the 5% processing fee, or decline the purchase in its entirety;

• reversal of payments made through the Hey Jude App will be less the 5% merchant fee as a sundry charge of $1.00 (One) United States dollar) or the equivalent thereof in the relevant country at the applicable exchange rate, which charge may be increased from time to time in accordance with clause 2.19 of these Terms and Conditions;

• transactions processed within the Republic of South Africa may reflect the entry ‘Hey Jude’ on subscriber’s bank statements;

• transactions processed outside of the Republic of South Africa may reflect the entry ‘Sorted Technology’ on subscriber’s bank statements

• Only a VirtualEye subscribers may make use of the Programme.

• The Programme is not available to any subscriber previously removed from the Programme by the service providers.

• If the subscriber cancels his/her subscription, his/her recurring credit card debit order will also be cancelled.

• The service providers have the right to suspend or deregister the subscriber from the Programme by giving him/her prior notice of 30 (thirty) days in event of any of the following:

• abuse of the Programme by a subscriber;

• in the event a subscriber committing any act of fraud or not complying with any of the Terms and Conditions

• To the extent permitted by law, none of the service providers shall have any liability to any subscriber or other person claiming through him/her, nor shall either of them be liable for any loss, expenses, claim(s) or damage, whether direct, indirect or consequential or punitive, arising from the use of the Programme, and the subscriber accordingly indemnifies the service providers against all and any losses, expenses, claim(s) damages or liability.

• The service providers reserve the right to amend the Terms and Conditions at any time on 30(thirty) days’ notice to the subscribers. In such event subscribers have the right to cancel their subscription with no notice and no penalty should the terms of the new Terms and Conditions not be agreeable to them, provided they notify the VirtualEye in writing within 30(thirty) days of being notified of such change.

• It is the responsibility of the subscriber to inform VirtualEye of any changes in his/her personal details.

• The service providers reserves the right to change the Service Providers that provide the benefits to the Programme and the subscribers, based on subscriber’s usage, pricing, quality, availability of service, or any other reason at the sole discretion of Ithe service providers.

• The subscriber agrees to act in good faith.

• The subscriber consents to the transfer of personal information to a third party in a foreign country if such transfer is necessary for the performance of the contract between the subscriber and a Service Provider.

• Transactions shall be capped at R20,000 per transaction and up to R20,00 in any given calendar month (“The Cap”). The service providers shall be not be required to process any transactions once The Cap is reached.

Programme Rules

• The subscriber agrees to not engage in any of the following prohibited activities:

• copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;

• using any automated system, including without limitation “robots”, “spiders”, “offline readers,” etc., to access the Programme;

• transmitting spam, chain letters, or other unsolicited email, SMS, or other messages;

• attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Hey Jude App and/or Programme;

• taking any action that imposes, or may impose at the sole discretion of the service providers an unreasonable or disproportionately large load on their infrastructure;

• uploading invalid data, viruses, worms, or other software agents through the Hey Jude App;

• collecting or harvesting any personally identifiable information, including account names, from the Hey Jude App or the Programme;

• using the Hey Jude App or the Programme for any commercial solicitation purposes;

• impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity;

• interfering with the proper working of Hey Jude App or the Programme;

• accessing any content on the Hey Jude App or the Programme through any technology or means other than those provided or authorised by the service providers;

• bypassing the measures the service providers may use to prevent or restrict access to the Hey Jude App or Programme, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the service or the content therein;

• submitting a task that requires an impossible, illegal, or immoral outcome or response

• The service providers may, without prior notice, change the Progamme; stop certain features of the Programme, to an individual member or to members generally; or create usage limits for the Programme

• The subscriber agrees that he/she will not use the Hey Jude App or the Programme to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking, or any illegal hacking of any nature.

Mobile Software

• The service providers may make available software to access the Programme and/or third-party services via a mobile device (“Mobile Software”). To use Mobile Software the subscriber must have a mobile device that is compatible with the Mobile Software.

• The service providers do not warrant that the Mobile Software will be compatible with the subscriber’s mobile device. The subscriber may use mobile data in connection with the Mobile Software and may incur additional charges from his/her wireless provider for these services. The subscriber agrees that he/she is solely responsible for any such charges.

• The service providers hereby grants the subscriber access to the Mobile Software for one Hey Jude account on one mobile device owned or leased solely by such subscriber, for his/her personal use.

• The subscriber may not:

• modify, disassemble, decompile, or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;

• rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;

• make any copies of the Mobile Software;

• remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software;

• delete copyright and other proprietary rights notices on the Mobile Software.

• The subscriber acknowledges that the service providers may from time to time issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that he/she is using on his/her mobile device. The subscriber consents to such automatic upgrading on his/her mobile device and agrees that the Terms and Conditions will apply to all such upgrades.

Accounts

• When the subscriber creates an account with the service providers, he/she must provide information that is accurate, complete, and current at all times. Failure to so constitutes a breach of the Terms and Conditions, which may result in immediate termination of his/her account with the Programme.

• The subscriber is responsible for safeguarding the password that he/she uses to access the Programme and for any activities or actions under his/her password, whether the password is with the service providers.

• The subscriber agrees to not disclose his/her password to any third party. He/she must notify VirtualEye immediately upon becoming aware of any breach of security or unauthorized use of his/her account, via the VirtualEye support-line or support@virtualeye.co.za

• The subscriber may not use as a username the name of another person or entity, or any name that is lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Intellectual Property

• The Programme and its original content (excluding content provided by users), features and functionality is and shall at all times remain the exclusive intellectual property of the service providers, as may be the case. The website and App content, including the Hey Jude name and the Programme is protected by copyright, trademark, and other laws. The service providers’ trademarks and trade dress , trade names may not be used in connection with any product or service without prior written consent of the service providers (as applicable).

Links to other websites

• The Hey Jude App and website may contain links to third party websites or services that are not owned or controlled by the service providers.

• No service provider has control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites and services. The subscriber further acknowledges and agrees that none of the service providers will have any liability, directly or indirectly, for any 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 website or services.

• The service providers strongly advise the subscriber to read the terms and conditions and privacy policies of any third-party websites or services that the subscriber visits.

Fair usage

• The service providers may at its option, terminate its relationship with any subscriber, or may suspend the subscriber’s subscription immediately if it determines such subscriber is using the Programme or the tasks contrary to this Fair Usage Policy or Terms and Conditions.

Limitation of Liability

• The information contained on the website and the App is given for general information and interest purposes only.

• While the service providers try to ensure the information contained on the website and or the App is accurate and up-to-date, it shall not be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and the service providers recommend that you take further independent advice and seek further guidance before taking any action based on the information contained on this website or the App.

• The service providers do not accept any liability for any acts or omissions resulting from your decision or opinion formed on the basis of your use of the website or App.

• Use of the website or the app is at your sole risk.

• No service provider or any of its representatives accepts any liability of any nature for any loss for any reason;

• In no event shall the service providers, or suppliers, or affiliates, be liable for any indirect incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from:

• the subscriber’s access to or use of or inability to access the Hey Jude App or to use the Programme
• any conduct or content of any third party on the Programme
• any content obtained from the Programme;
• any engagement or transaction conducted between a subscriber and any service provider; or
• unauthorised access, use or alteration of the based on warranty, contract, delict (including negligence) or any other legal theory, whether or not the service providers informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed in its essential purpose.
  • If the Programme and/or the services are used on behalf of a business, that business also accepts these Terms and Conditions and it holds harmless and indemnifies the service providers and its affiliates, directors, employees, and agents from any claim arising from or related to the use of the Programme or the services or the violation of these terms.

• The service providers accepts no liability of any nature or for any reason for any transactions conducted by subscribers using the Hey Jude App or that of any licensee or the Programme and or the services, and the subscriber indemnifies the service providers against all and any claims therein.