1. “Introduction Statement”

Take notice that Agreement” is no longer valid in the “Client Dashboard” and that this version is the only version that is valid and binding and will no longer be in pdf or zip format for the reason of ongoing changes.

Your attention is specifically pointed to the clause marked “6. Amendment of Agreement”

If you have any questions about this contract, send an “email” to: legal@metahumans.ltd 

Now therefore, the following “Agreement”

BETWEEN

 

Meta Humans Ltd

(“MH”)

 

AND

 

VISITOR OR ONLINE REGISTERED USER

(“The Client”)

 

“MH” provide the “AI Platforms”, “Meta Humans”, “Bot Platform”, “Hosting Platforms”, “Software” and “Tools” for “YOU” to be able to do business on the internet using a combination of technologies provided by “MH”, “Partners” and “Service Providers”, including but not limited to “Information”“Content”“Communication Platforms”“E-Commerce to Billing Platforms” and “Telecommunications”“MH” only responsibility is to ensure that you have access to this “Services” when you paid for it and that the “Services” are available.

“YOU” may contract ”MH” to assist you with the deployment and development of your “AI Deployment”, installing and maintaining your “Bot Platform” and “Meta Human Platform”, do “Maintenance” on the “Platforms”, do “Backups” and store it offline, do “Programming or Software development”, provide “YOU” with “Support” and “Telecommunications” such as “Virtual Numbers”, Verification processes of your “Business”, do intensive online “Marketing” for “YOU” and assist you in requests to get your “Internet Business” working for a “Fee”. All products are subject to a 24 month contract. Early cancellation is subject to the payment of the full balance of this agreement irrespective of the agreements with third party providers or partner agreements.

 “YOU” on the other hand, are solely responsible for everything you put on the provided “Platforms”, but not limited to the “Domains”, “Websites”, “Data”, “Files”, “Backups”, “Software”, “Security”, “Internet Access”, “API’s”, “APPS”, “email” and so forth.

 However, “MH” will never be in your employment or owe you anything other than “Delivery” of your “Order”, irrespective if ”MH” understood your instruction and what “MH” had in mind. The responsibility rest with “YOU” for making sure that your instructions are specific and to the point as provided by you on the designated support ticket and time billing platform provided to “YOU”.

1.1 Please read this “Agreement” carefully before using any of the “Services” as this “Agreement” apply to all who visits or make use of “MH” as a resource for information, registered users, subscribers, but not limited to any type of use of the “Services” offered by “MH”. “MH” is governed by this “Agreement” as the ultimate guideline in making decisions or taking actions within the resources of this “Agreement”. When “YOU” need to find guidance in your dealings with “MH”, this “Agreement” is an excellent reference to assist “YOU” to understand how “MH” processes works and what is expected from “YOU” and what “YOU” can expect from “MH”.

1.2 Meta Humans Ltdincluding but not limited to its “Trusts”, “Holding companies”, “Subsidiaries”, “Affiliates”, “Enterprise Resellers”, “Divisions”, “Contractors”, “Vendors” and all “Data Sources” and “Suppliers”, (collectively, “MH”, “we”, “us”, “its” or “our”) welcomes you to Meta Humans LTD, https://metahumans.ltd, (MH Website”).

1.3 The online visitor or registered user of “MH”, including but not limited to “Visitors”, “The Client”, “Subscriber”, “YOU”, “you”, “your”, “User”, “sub-user”, “Approved Administrators”, “Representatives” or anyone appointed by “YOU” to act on “YOUR” behalf on the “MH Website”. 

1.4 This “Agreement”, collectively, with “MH” and other “Policies” that form part to this “Agreement” govern your and our use of the “MH Website” and the “Services”, “API”, “Content” or any “Service” or “Applications” operated by “MH”together with the “MH Website” and provided to the “The Client”.

1.5 If you are using the “Services” on behalf of an entity, organization, or company, you represent and “Warrant” that you have the authority to bind such organization to this “Agreement” and you agree to be bound by this “Agreement” on behalf of such organization. An organization can never be the legal entity and the first director, or official appointed representative on file, or the person paying this account, notwithstanding if the “Services” are paid with company/organization funds, automatically become the responsible guarantor party to the account irrespective of any other party that is registered on the account created by “YOU”. See “Law Enforcement Guidelines”. Agreeing to use the “Services” by clicking “Sign up” or accept the “Agreement”, constitutes your acceptance and “Agreement” to be bound by this “Agreement”, and all other operating rules, policies and procedures that may be published from time to time on the “MH Website”each of which is incorporated by reference and each of which may be modified from time to time without the obligation to notify you. See Amendment of Agreement”

1.6 You acknowledge receipt of our Privacy Policy”If you ordered the “Services” on the “MH Website”, use the “MH Website”, or otherwise engage in any electronic transaction with respect to the “Services”, then you agree to receive any updates to our “Agreement” and “Privacy Policy” by accessing the “MH Website”. By using the “MH Website” or purchasing “MH Products” or “MH Services”, you agree that we may use and share your “Personal Information” in accordance with the terms of our Privacy Policy”.

1.7 This “Agreement” provides that all disputes between you and “MH” are governed by the “Law Enforcement Guidelines” and your attention is specifically drawn to this section.

1.8 We may refer to this “Agreement” using different words such as “Terms”, “Terms and Conditions”, “Conditions”, “T&C’s”, “Terms”, “Trade Terms”, “Policy”, “Policies”, “Disclaimer”, “Disclaimers”, “This Document”, “Contract”, “Privacy Policies”, or any combination of these or similar words or phrases. Using these words will always mean this “Agreement” and will not in any way lessen the applicability and effect of this “Agreement”.

1.9 This “Agreement” is between “MH”, and the “Visitor”, “On-line individual”, “Reader, or “Subscriber”, “Registered User”, “Bot User”, “Chat-App User” (Any deployed ChatApp Channel like WhatsApp, Telegram) or “Client”, hereinafter referred to as “The Client”, “YOU”, who is using the “FREE” or “PAID” resources provided by ”MH”, applying for “Registration”, “Products” or “Services” delivered by “MH”“The Client” agrees to an on-line, paperless subscription. “The Client” acknowledges that all information provided by “The Client” is true and correct to the best of “The Client” knowledge. “The Client” agrees that the act of submitting an online application form for registration constitutes acceptance of this “Agreement” associated with the “Services” applied for and that the act of online “Submission” shall be in lieu of written signature. “The Client” expressly understands, acknowledges, and agrees that in submitting application and paying for all “Services” to be rendered by “MH”“The Client” shall abide by all “Agreements” stated herein, as well as any other applicable conditions (e.g., those for “Domain Names”).

1.10 By ordering, installing, connecting, or making use of “MH”, goods, or “Services” from our “Website”: https://metahumans.ltd/ or by indicating your acceptance of this “Agreement” in any other way, you agree to be bound by “MH Agreement” as well as “MH Acceptable Use Policy” (“AUP”), and the specified policies applicable to the “Product” or “Service” concerned.

1.11 Your attention is drawn words rendered in bold capitals between hyphens in this “Agreement”. What follows is the Summary of this Agreement” for your convenience and form part of the “Agreement” between you, “The Client” and “MH”. This summary does not excuse you from your responsibility to read and understand this “Agreement” and to use this “Agreement” as “your” guideline in making decisions.

“INTERPRETATION AND DEFENITIONS”

In this “Agreement” unless the context clearly indicates otherwise:

1. words importing natural persons shall include a reference to juristic personae and vice versa; a reference to one gender includes a reference to the other gender; a reference to the singular includes a reference to the plural and vice versa;

2. schedules and attachments to this Agreement shall be deemed to have been incorporated herein and shall form an integral part hereof and expressions defined in this Agreement shall bear the same meanings in such schedules or attachments;

3. a reference to a Party in a document includes that Party's successors-in-title and permitted assigns;

4. any reference to an enactment, statute or regulation is to that enactment, statute or regulation as at the signature Date or as amended, re-enacted or substituted from time to time;

5. where the day on or by which anything is to be done is not a Business Day, it shall be done on or by the first Business Day thereafter;

6. when any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a day which is not a Business Day, in which case, the last day shall be the next Business Day;

7. the headings appearing in this Agreement are for reference purposes only and shall not affect the interpretation hereof;

8. the rule of construction that, in the event of ambiguity, the agreement shall be interpreted against the Party responsible for the drafting thereof, shall not apply;

9. if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the interpretation and definitions clause, effect shall be given to it as if it were a substantive provision in the body of this Agreement;

10. recordals and introductions shall be binding on the Parties and are not merely for information purposes;

11. the use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific examples;

12. where figures are referred to in numerals and words, if there is any conflict between the two, the words shall prevail;

13. the expiration or termination of this Agreement shall not affect such of the provisions of this Agreement which expressly provide that they will operate after any such expiration or termination, or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this;

14.if any provision requires the consent, approval or agreement of any Party, unless specifically stated otherwise, that Party may not act unreasonably in withholding or delaying any such consent, approval or agreement;

15. the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely:

This Agreement

this delegation of responsibility and RICA compliance agreement and all attachments hereto.

Authorised Representative

a natural person duly authorised to represent an End User or Company.

“Business Day

any day other than a Saturday, Sunday, or official public holiday in the Republic of South Africa, the United States or the United Kingdom.

EC Service Provider

an electronic communication service provider that provides electronic communication services and may also provide mobile cellular electronic communications services.

Confidential Information

any confidential information, including Customer Details, disclosed by or on behalf of the Disclosing Party (defined below) to the Receiving Party (defined below) prior to the conclusion of this Agreement, in terms of this Agreement or otherwise in connection with this Agreement.

Consent

any voluntary, specific, and informed expression of will in terms of which permission is given for the Processing of Personal Information.

Customer Details

End User information required to be verified in terms of section 40 of FICA, which includes but is not limited to the MSISDN-Number; and

i.        in the case of a natural person who is a South African citizen or is a lawful and permanent resident in the Republic; the full names, surname, identity number and at least 1 (one) physical address of the End User; or

ii.      in the case of a natural person who is not a South African citizen or is not a lawful and permanent resident in the Republic; the full names, surname, identity number and at least 1 (one) physical address and the country where the passport was issued of the End User; or

iii.    in the case of a juristic person; the full names, surname, identity number and address of the Authorised Representative of the juristic person, and the name and address of the juristic person, and where applicable, its registration number.

Effective Date

1st of October 2022, notwithstanding the Signature Date.

End User/s

a natural or juristic person, as the case may be, who requests that a Sim-Card be activated upon an electronic communication system, and who enters into a commercial agreement for the Services and/or Product, as customer of the Retailer.

IMEI-Number

International Mobile Equipment Identity-Number.

Initial Verification

the online verification of the End User.

MSISDN-Number

the Mobile Subscriber Integrated Service Digital Network number.

Parties

collectively referred to as “Parties”, the Fulfilment Partner and the Retailer, and the term “Party” shall mean anyone, or more of them, as may be appropriate in the context.

Personal Information

as is defined in section 1 of the Protection of Personal Information Act No 4 of 2013 as well as the GDPR Act or any other Act that regulates personal information in the jurisdiction of Delaware, United States.

Physical Verification

the further physical verification of the identity of an End User or Authorised Representative.

Point A

the point of electronic submission of all relevant Customer Details by and of an End User to the Retailer .

 

Point B

the point of Physical Verification and subsequent delivery by the Fulfilment Partner to an End User or Authorised Representative of the Product, on behalf of the Retailer.

Prime Interest Rate

the annual rate of interest charged by the Brex or Wise in respect of overdraft facilities, compounded monthly in arrears.

Processing

Process” shall have a cognate meaning.

Product

https://metahumans.ltd/clients 

RICA

the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002, as amended from time to time.

Services

the provision of electronic communication services through the use of the Product rendered by the Retailer to an End User.

Signature Date

the date of signature of this Agreement by the Party signing last in time.

SIM-Card

subscriber identification module card.

 

Last Update: 12/05/2023 - 13:42pm

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