Terms & Conditions

(EffectiveJanuary1st, 2022)

                                                                                                       PLEASE READ CAREFULLY

Welcome to PROTRACC(SAAS) services and software accessible at www.protracc.com owned and operated by "Bantu Khaya GroupInc" incorporated in Canada.

This agreement sets out the terms for using the PROTRACC software platform, modules and services and governs both our products (software) or services ("services") and our customers ("organization"). When we refer to "You" within the document, we mean Customers or organization. PROTRACC is committed toprovide atransparent services irrespective of each customer demands. Please take your time to read this page carefully, for it represents our agreement with you. 

Table of Contents

1)    Introduction
2)    Eligibility for Access
3)    Limited License
4)    Terms Applicable to All Customers
5)    Ownership & Use of Customer Data
6)    Trademark License
7)    Customer
8)    Control of Personal Data, and Additional Customer Information and Content
9)    Account and Registration
10)    Customer Verification
11)    Software 
12)    Trial Service
13)    Subscription Plans
14)    Account Admins
15)    Inventory
16)    No Sensitive Data
17)    Data Privacy & Processor
18)    Intellectual Property Rights
19)    Responsibility for Authorized Customers
20)    Customer Responsible for User Accounts
21)    Submission of Financial Account Data & Other Customer Data
22)    API Usage
23)    Acceptable Customer Policy (AUP)
24)    Disclaimer
25)    Loss or Damage Suffered By You
26)    Cancellation
27)    Limitations of Liability 
28)    Communications
29)    Children's Privacy 
30)    Termination 
31)    Choice of Law
32)    Ownership
33)    Miscellaneous 
34)    Severability
35)    Refunds Policy
36)    Your feedback
37)    Customer support
38)    Copyright License
39)    Notices and Questions


1.    Introduction

This Terms and Condition ("Agreement") also includes our Privacy Policy Statement, also referred to by those agreements, form a whole, which governs anyaccess to the PROTRACC services, whether you are a visitor, customer, or organization. These terms have been created in compliance with all Canada laws, and The Canada's Protection of Personal Information and Electronic Documents Act (PIPEDA).

2.    Eligibility for Access 

By accessing and using the software, you acknowledge and agree that you are over the age of 18 and are of legal age to form a legally binding contract with us. Please note thataccess to the software and the Services are not available to customers under the age of 18.

3.    Limited License

Subject to the terms and conditions set forth in this Agreement, Bantu Khaya Group grants you a non-exclusive, non-transferable, limited right to access, and use this software and the features thereon. You agree not to interrupt or attempt to interrupt the operation of the software in any way.

Bantu Khaya Group authorizes you to view and access the software, and features (“Materials”) at the www.protracc.com site (“Software”) only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the software and is subject to the following restrictions: 

a.    Bantu Khaya Group owns all copyright and other proprietary notices contained in the software; 
b.    you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use the software for any public or commercial purpose; and 
c.    you must not transfer the Materials on the software to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. 

You agree to abide by all additional restrictions displayed on the Software and services as it may be updated from time to time. Except as expressly provided herein, Bantu Khaya Group does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

4.    Terms Applicable to All Customers

PROTRACC software includes, exciting financial projection, features, functions and systems to provide a unified Electronic workflow optimization for various organization, professionals, clients and customers, allowing them to upload, store, retrieve and transmit health related information, and otherwise maintain a high-performance, digital based, monitoring and control information system.

Access to this Service is granted to you upon the condition that (i) you become a registered Customer, and that, (ii) You accept and agree to this Terms of Use, our Privacy Policy and any other Agreement when and where appropriate or required.

You, at all times remain solely responsible for the use of the Service by your employees or agents where applicable, and you agree to hold Bantu Khaya Group harmless for any liability or the consequences to you or your employees or agents resulting from your, or their use of the Service.
Any modifications and new features added to the Service are also subject to this Terms of Use.All rights, title and interest in and to the Service and its components (including all software, technology, copyrights and other intellectual property rights) will remain with and belong Bantu Khaya Groupexclusively to Bantu Khaya Group, unless otherwise agreed under any other agreement signed by the parties.

5.    Ownership & Use of Customer Data

As between customer and Bantu Khaya Group all customer Data is the property of customer. PROTRACCmay store, access and process customer Data as necessary to provide the Service, including monitoring the use of the Service, improving or enhancing the Service and other Bantu Khaya Group offerings, and otherwise meeting Bantu Khaya Group’s obligations under the Agreement. Any use of customer Personal Data will not enable identification of customer or any individual person to any third party.

6.    Trademark License

Subject to the express provisions of these terms and conditions. All trademarks, logos, and service marks ("Marks") displayed on the softwareare the property of the Bantu Khaya Group Inc. You are not permitted to use these Marks without prior written consent of Bantu Khaya Group.

Unless otherwise specified in these Terms, all Materials, including the Intellectual property in the Services, are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the copyright owner's express written consent.

7.    Customer

The Services are available only to individuals (Customer/Organization) 18 years or above of age and can enter into a legally binding agreement under the Canadan law.

8.    Control of Personal Data, and Additional Customer Information 

You are in control of your personal data, Additional Customer Information, and Customer Provided Content, but we need certain rights from you to use that information and content. By using the PROTRACC Services, you grant us the right to collect, host, transfer, process, analyze, communicate and store your Personal Data and Additional Customer Information in order to (a) provide the Services to you and other customers, (b) for the purposes described in these Terms and our Privacy Policy, and (c) for any other purpose to which you hereby agree to, such as sharing with others. Also, by submitting Customer Provided Content through any of the Services, you grant PROTRACC a sub-licensable, worldwide, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such Customer Provided Content to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This includes the right for PROTRACC to copy, display, and index your Customer Provided Content. PROTRACC will own the indexes it creates. We will also have the right to continue to use your Customer Provided Content, even if you stop using the Services, but only as necessary for us to provide and improve the Services.

9.    Accounts and Registration

To access the features of this Service, you will be required to register for an account. When you create an account, you will be required to provide us with some information about yourself (such as your name, e-mail address, physical address, phone number, company name or other personal information). Some of this information may be of a confidential nature and may include personally identifiable information or "Personal Data" (all "Your Information").

If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.Our collection use and disclosure of Your Information is governed by this Terms of Use, our Privacy Policy and any applicable law.

10.    Customer Verification

You understand and agree that we may require you to provide information that  may be used to confirm your identity and help ensure the security of your Account and/or Customer Profile.  In the event that you or the Admin lose access to an Account or otherwise request information about an  Account, we reserve the right to request from you or such Admin (as the case may be) any verification  we deem necessary before restoring access to or providing information about such Account.

11.    Software

Any software made available to you in connection with the Services is provided to you for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PROTRACC, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or software, nor may you reverse engineer or attempt to extract the source code of any such software.

Any software we make available to you is subject to applicable export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software.

12.    Trial Service

We may offer, from time to time, part or all of our Services on a free, no-obligation  trial version (“Trial Service”). The term of the Trial Service shall be as communicated to you, within the  Service, in an Order Form, unless terminated earlier by either the customer or us, for any reason or for no  reason. We reserve the right to modify, cancel and/or limit this Trial Service at any time and without  liability or explanation to you. In respect of a Trial Service that is a trial version of the Subscription Plan  (the “Trial Subscription”), upon termination of the Trial Subscription, we may change the Account at any time without any prior written notice.

13.    Subscription Plans

We offer free trial for a particular period of time after which you will be prompted to subscribe for a premium monthly subscription to use some certain enhance features of the software, this may require you to pay a fee to use them. This is known as a monthly subscription service for repetitive workflow optimization needs. This fees would be depended on thecustomer’s needs, number of projects and potential data to be stored per project. 

Except as expressly set forth below, all fees are payable with taxes included. If you choose to purchase our monthly subscription package, you expressly authorize us or our payment processor to charge the payment method you provide for the applicable fee, tax inclusive.

14.    Account Admins

The Admin(s) of an Account are, severally and jointly, deemed as the authorized  representatives of acustomer, and any decision or action made by any Admin, is deemed as a  decision or action of the customer. An Admin may assign or add other members of the Account as Admins,  which possess important privileges and controls over the use of the Service and the Account, including,  without limitation: 
(i)    control your (and other Customers) use of the Account; 
(ii)    purchase, upgrade or  downgrade the Service; 
(iii)    create, monitor or modify Customers’ actions and permissions; 
(iv)    manage the access to, control, remove, share posts or otherwise change, all or part of the customer Data (as defined  below); and
(v)    integrate or disable integration with Third Party Services. You also acknowledge that  your Account can become managed by a representative of the entity that owns or controls the email  address domain with which your Account was created or registered. 

15.    Inventory

We may at from time to time, in our discretion, keep records of your projects, monitor, evaluate, retain, store, display, or reproduce such records, for the purpose of providing you enhance workflow optimization;these records may include images, financial data, project details, analyse trends, and associate such records with your name or other profile information for commercially reasonable periods for archival, inventory purposes, quality control, loss prevention, and or data collection.

16.    No Sensitive Data

You agree not to submit to the software any data that is protected under a special legislation and requires a unique treatment, including, without limitations, 
(i)    categories of data enumerated in the Canada's Protection of Personal Information and Electronic Documents Act (PIPEDA) or any similar legislation or regulation  in other jurisdiction; 
(ii)    any protected information subject to the foreign laws on data protection including the GDPR regulations, as amended and supplemented, or any similar legislation in other  jurisdiction. 

If you submit any such sensitive data you do so at your own risk and will be liable for the usage of such data via your customer account.

17.    Data Privacy & Processor

PROTRACC will treat Customer Personal Data as Confidential Information and will process Customer Personal Data in accordance with all Privacy Laws. Customer will, in its use of the Service, process Customer Personal Data in accordance with the requirements of Privacy Law, including any applicable requirement to provide notice to data subjects of the use of PROTRACC as processor. Customer’s instructions for the processing of Customer Personal Data shall comply with all Privacy Laws. Customer is solely responsible for the accuracy, quality, and legality of Customer Personal Data and the means by which Customer acquired the data. PROTRACC will not sell Customer Personal Data and agrees to refrain from any use or transfer of Customer Personal Data (including to or from a subprocessor or other third party) that qualifies as “selling” as such term is defined under Privacy Laws. 

To the extent Customer provides PROTRACC with Customer Personal Data of European Economic Area data subjects, Customer is deemed the data controller (as defined in the GDPR and Canadian Privacy Laws). PROTRACC may store, access and process Customer Data as necessary to provide the Service, including monitoring use of the Service, improving or enhancing the Service, other PROTRACC offerings, and otherwise meeting PROTRACC’s obligations under the Agreement, and as otherwise instructed by the controller of such Customer Personal Data.

18.    Intellectual Property Rights

All content available on the software, including, but not limited to, the software, trademarks, logos, and service marks displayed on the software (collectively, the "Trademarks") are the registered and unregistered marks of Bantu Khaya Group, our affiliates, or licensors in Canada and other countries. All Trademarks not owned by us, our affiliates, that appear on the software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Except as required under applicable law, neither the services, the Trademarks, nor any other portion of the software may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

19.    Responsibility for Authorized Customers

A Customer is solely liable and responsible for understanding  the settings, privileges and controls for the software and for controlling whom a customer permits to  become an Authorized Customer and what are the settings and privileges for such Customer, including without limitation, the right to incur charges on the Account,  the right to access, modify or share dashboards, etc. the customer is responsible for the activities that occur via their account, including if those Customers are not from the customer’s organization. 

20.    Customer Responsible for User Accounts

Customer is responsible for all activity occurring under Customer’s User accounts (except to the extent any such activity is caused by PROTRACC and for complying with all laws and regulations applicable to Customer’s use of the Service and PROTRACC software. Customer also must (a) notify PROTRACC promptly upon becoming aware of any unauthorized use of any Customer password or account (or any other breach of security of the Service  and (b) notify PROTRACC promptly upon becoming aware of, and make a reasonable effort to stop, any unauthorized copying, distribution or other misuse of any aspect of the Service.

21.    Submission of Financial Account Data & Other Customer Data

The Service allows Customer to submit and back-up Customer Data (like Financial Account Data) at its discretion, and Bantu Khaya Group encourages Customer to do so at their own risks. In order for Bantu Khaya Group to adhere to applicable privacy directives, All financial data submission must adhere to the PCI DSS and applicable privacy laws. Bantu Khaya Group will provide Financial Account Data submission only to customer that have read and agreed to the PCI DSS terms of use, and PROTRACC terms. Any submission or usage of Financial Data via the PROTRACC software (i) must be donein compliance of the PROTRACC Terms or and applicable privacy laws, (ii) will require Customer to first subscribed for a premium PROTRACC Software access, (iii) will be subject to PROTRACC’s data privacy laws. 

22.    API Usage

Sometimes we may offer an application programming interface that provides additional ways to  access and use the PROTRACC software (“API“). Such API is considered a part of the Service, and its use is subject to all these Terms. Without derogating hereof, you may only access and  use our API for internal business purposes, in order to create interoperability and integration  between the Service and other products, services or systems you and/or authorized customer use internally. When  using the API you should follow our relevant developer guidelines. 

We reserve the right at any time to  modify or discontinue, temporarily or permanently, suspend your and/or authorized customer access to the API (or any  part of it) with or without notice. The API is subject to changes and modifications, and you are solely responsible to ensure that your use of the API is compatible with the current version.

23.    AceepatableCustomer Policy (AUP)

You agree not to do any of the following:

  • Your use and access of the thePROTRACC software, and services, is entirely at your own initiative and risk. You are solely responsible for compliance with local laws in with regard to the use of such services.
  • You shall not use the PROTRACC platform and services for any purposes other than those intended by the PROTRACC and as determined by Bantu Khaya Group at its sole discretion.
  • You shall not attempt to circumvent any security measure put in place for the PROTRACC platform customers or attempt to gain unauthorized access to any services, or computer systems or networks owned and/or controlled by the Bantu Khaya Group, through hacking, mining or any other means.
  • Infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  • Violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; 
  • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; 
  • Is violent or threatening or promotes violence or actions that are threatening to any other person; 
  • Harms minors in any way; or Disseminating unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • It was transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations, or practice code.
  • He/she is gaining unauthorized access to other computer systems.

Bantu Khaya Group has the right to investigate and prosecute violators to the fullest extent of the law.

24.    Disclaimer

Your use of this software and serviceslinked via this portal is at your own risk. Bantu Khaya Group shall not be liable for any direct, indirect, incidental, or consequential damages or loss arising out of your access to or use of thisservices. Bantu Khaya Group will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with, Use of, or inability to use our Software/Services; or Use of or reliance on any content displayed on our software.

In particular, we will not be liable for:

  • Loss of profits, sales, business, or revenue;
  • Business interruption;
  • Loss of anticipated data;
  • Loss of business opportunity, goodwill or reputation; or
  •  Any indirect or consequential loss or damage

 
25.    Limitation of Liability

You acknowledge and agree that the entire risk arising out of your use of the platform, Services, remains with you to the maximum extent permitted by law. Neither Bantu Khaya Group nor any other party involved in creating, producing, or delivering the Services, will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms.

26.    Cancellation

You can cancel your subscription with us, but only before the subscription is yet to begin, any cancellation request received after the service has begin will not be acknowledged. For more information please see our refund policy section.

27.    Communications

You (1) consent to receive communications from PROTRACC in an electronic form such as e-mail to provide exclusive deals and promotions for contractual purposes. (2) Agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bantu Khaya Group provides to you electronically via e-mail satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

28.    Children's Privacy 

PROTRACC respects the privacy of children, and we are committed to complying with the Children's Online Privacy Protection Acts (COPPA). This software does not knowingly collect, use, or disclose personal information from children under 18 without prior parental consent. However, we may provide our service to children under 18 years of age but undera parental guardian's supervision. 

29.    Termination

PROTRACC reserves the right to immediately suspend or terminate its Service to any Customer without warning and notice for violation or breach of any of the agreement in this Terms of Service.
  
30.    Choice of Law

This termsand the relationship between you and Bantu Khaya Group is governed by the Supreme court ofCanada, including allCanada laws, The Canada's Protection of Personal Information and Electronic Documents Act (PIPEDA), and the local laws of where you reside, without regard to Its conflict of law provisions. If you think the lawsfail to satisfy the law of your jurisdiction, we should like to hear from you. However, ultimately it is your choice as to whether you wish to use our software.

31.    Applicable Legal Compliance 
        
You agree to comply with all applicable laws, rules, and regulations, including without limitation all Canada Laws, including theEuropean Union GDPR Directives and the Canada's Protection of Personal Information and Electronic Documents Act (PIPEDA), and the local laws of where you reside, and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from where in which you reside. 

32.    Ownership

The PROTRACC software, Services, and Contentsand materials are owned by Bantu Khaya Group Inc. and protectedbythe Canadiancopyright, and trademarklaws, and all other relevant international laws subjected 

33.    Refund policy

Due to the nature of our services and software we do not offer refunds for software purchase and no unused subscription will be prorated at any time.If you dispute any payment you have made to us for our services (by, for example, initiating a chargeback), we hereby reserve the irrevocable right to:

  • Temporarily suspend or permanently terminate your access with us; and/or
  • Rescind any or all metrics you purchased from us.

If you engage in any fraudulent activity through or in relation to the Software or our services (e.g.copying elements of the protrtacc software for digital media usage, or by purchasing ourmodules and services using a stolen credit card’s information), we will immediately terminate your account with us; no exceptions.

34.    Your feedback

The Bantu Khaya Group encourages you to share your reviews and feedback with us, and we promise to respect your feedback irrespective of the outcome, for it helps us improve on our services and make us serve you better. By submitting feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to sublicense freely) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.

35.    Customer support

To the extent you purchased an enterprise tier subscription, you will be entitled to premium technical support and an uptime commitment, by PROTRACC, in accordance with the Terms of service as may be updated by PROTRACC from time to time.

36.    Copyright License

Copyright (c) 2022(s) PROTRACC software. Subject to the express provisions of these terms and conditions:

  • Bantu Khaya Group Inc, owns and control all the copyright and other intellectual property rights in PROTRACC software and the material on ourportal.
  • All the copyright and other intellectual property rights in the PROTRACC software and our software's material are reserved.

37.    Notices and Questions

If you have any questions regarding this terms and conditions, please contact us by e-mail atqaqc@bantukhaya.group
 

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