Terms of use

WEBSITE TERMS OF SERVICE

You have been guided here in connection with your use of www.chenosis.io (the “Site”). The Site is operated by Progressive Tech Holdings, a company registered in Mauritius under 117490 C2/GBL (“Chenosis”, “we”, “our” or “us”). These Website Terms of Service describe how we offer the Site for your use and the rules that you must comply with when using the Site (the “Website Terms”). By using this Site, you accept these Website Terms and agree to comply with the rules set out in these Website Terms. If you do not agree to these Website Terms, you must not use our Site.

The Site offers access to the Chenosis Marketplace, a single point of access to a rich Chenosis ecosystem that brings a number of “Services” within easy reach, namely:

• the services we provide to You for accessing, Marketplace and the Sandbox in accordance with these Website Terms.
• the services we provide to publishers of APIs in accordance with the Publisher Terms, for example the right for publishers to list their APIs on the Marketplace; and
• certain bespoke arrangements available to eligible Chenosis partners. To find out more about becoming a Chenosis partner, you are welcome to get in touch with us at the contact details provided in Clause 4 (our contact details).

1. helpful definitions

   1. In these Website Terms, the following capitalised terms will have the following meanings:

      “API” means an application programming interface that is made available through the Marketplace;

      “Intellectual Property Rights” means: (a) any and all intellectual or industrial property rights existing under any Laws anywhere in the world, whether registered or unregistered, including patents, utility model rights, rights in layout-designs (topographies) of integrated circuits, rights in trade secrets, rights in confidential information and know-how, design rights, copyrights (including rights in software), neighbouring rights, database rights or other rights in compilations of data, and any and all rights of a similar nature, and (b) all applications and rights to apply for any of such aforementioned intellectual or industrial property rights, including registrations, renewals and extensions, anywhere in the world;

      “Law” means any applicable statute, law, ordinance, regulation, rule, order, constitution, treaty, common law, decree, directive or other requirement having the force of law, of any international, federal, state, provincial, local or foreign government, competition authority or regulatory authority or agency or subdivision thereof, or any arbitrator, court or tribunal of competent jurisdiction, whether in existence as of the date of these Website Terms or issued thereafter, and as may be amended or superseded from time to time;

      “Marketplace” means the online marketplace or other aggregator or public repository of APIs, provided and operated by Chenosis; and

      “Sandbox” means the testing environment made available by Chenosis through the Marketplace where a developer can test the use of APIs in conjunction with their applications.

   2. In these Website Terms any words following the terms "including", "include", "in particular", "for example" or any similar expression will be construed as illustrative and will not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. your privacy

   For information about how we may collect and use any personal information about you, please see our Privacy Policy as set forth in Annexure A (Privacy Notice) below.

   For information about how we use cookies and similar technologies, please see our Cookie Policy as set forth in Annexure B (Cookie Notice) below.

3. services and registration

   If you want to access the API available through the Marketplace (whether as a developer, publisher or Chenosis partner), you must create an account with us and accept these Website Terms, any additional terms and conditions that may apply to those Services, for example the Developer Terms will apply to you if you access and use the Services provided to developers and the Publisher Terms will apply to you if you access and use the Services provided to publishers of APIs.

4. our contact details

   To contact us, please email us at chenosis-sales@mtn.com.

5. use of our site
   1. Our Site is made available free of charge.
   2. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site. We will try to give you reasonable notice of any suspension or withdrawal.
   3. You must:
      1. use our Site only for lawful purposes;
      2. configure your own information technology, computer programmes and platform to access our Site; and
      3. use your own virus protection software.
   4. You must not:
      1. reproduce, duplicate, copy or re-sell any part of our Site; or

      2. use our Site:

         (a) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

         (b) to harm or attempt to harm children;

         (c) to bully, insult, intimidate or humiliate anyone; or

         (d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

      3. misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
      4. attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site; or
      5. attack our Site via a denial-of-service attack or a distributed denial-of service attack.
6. rules about linking to our site
   1. You may link to our home page for non-commercial purposes, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must ensure that the destination to which you link our Site does not contain any material that is offensive, discriminatory, illegal, harassing, or otherwise objectionable.
   2. You must not:
      1. establish a link to our Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
      2. establish a link to our Site in any website that is not owned by you;
      3. frame our Site on any other website, nor create a link to any part of our Site other than the home page; or
      4. provide a link that portrays us or any of our Services in a false, misleading, derogatory, or defamatory manner.
   3. We may withdraw linking permission without notice.
7. Interactive Services
   1. We may provide interactive services on our Site, for example:
      1. chat rooms; and
      2. bulletin boards (the “Interactive Services”).
   2. If we provide any Interactive Services, we will provide clear information to you about the kind of Interactive Service offered, if it is moderated and what form of moderation is used. We are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Site. 
   3. The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
8. Your feedback
   1. Any communications, suggestions, comments, materials, content, ideas or other feedback you provide to us (the “Feedback”) will constitute our Confidential Information. We may use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback as we see fit, without any obligation, compensation or restriction of any kind.
   2. You must only provide Feedback to us that relates to our Site or Services and you must ensure that your Feedback is:
      1. accurate (if it states facts);
      2. genuinely held (where it states opinions); and
      3. complies with all applicable Laws.
      4. You must not provide Feedback that:
      5. is deceiving, obscene, offensive, hateful, inflammatory, harassing, upsetting, embarrassing, alarming, threatening, abusive, discriminatory or defamatory;
      6. advocates, promotes, incites anyone to commit, or assists any violent, unlawful, terrorist or criminal act; or
      7. invades anyone's privacy, or causes annoyance, inconvenience or needless anxiety;
      8. promotes sexually explicit material or includes child sexual abuse material;
      9. infringes anyone's Intellectual Property Rights;
      10. breaches any legal duty, such as a contractual duty or a duty of confidence; or
      11. contains any advertising or promotes any services or web links to other sites.
9. Content on this site
   1. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Site.
   2. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
   3. We may run advertisements and promotions from third parties on our Site or provide information about or links to third-party products, websites, resources or services on our Site, but we have no control over the content thereof. Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings, correspondence, or promotions, are solely between you and the applicable third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through our Site.
   4. Our Site may include information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
   5. If you wish to complain about content uploaded by other users, please contact us in accordance with Clause 4 (our contract details).
10. modifications
    1. We may amend these Website Terms from time to time. Every time you wish to use our Site, please check these Website Terms to ensure you understand the terms that apply at that time.
    2. We may update and change our Site from time to time to reflect changes to our Services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
    3. If you do not agree to a change, you must discontinue your use of our Site. Your continued use of our Site after the date that a change becomes effective constitutes your acceptance of the change.
11. intellectual property rights
    1. We are the owner or the licensee of all Intellectual Property Rights in our Site, and in the material or content published on it. Our Intellectual Property Rights, materials and/or content are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. This Site features logos and other trademarks and service marks that are our property, or the property of our licensors. This Site may also include trademarks or service marks of third parties. All these trademarks are the property of their respective owners. You may not use or display them unless you first obtain the written permission of the trademark owner.
12. disclaimer and limitation of liability
    1. Your use of our Site is at your sole risk. Our Site is provided on an “as is” and “as available” basis. We disclaim all warranties and representations (express or implied, oral or written) with respect to our Site, whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any warranties of merchantability, fitness for any purpose, non-infringement, and condition of title.
    2. To the extent permitted by applicable Law:
       1. we do not warrant, and we disclaim all liability for (a) the completeness, accuracy, availability, timeliness, security, or reliability of our Site (including any information or content made available via our Site); (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Site; (c) the deletion of, or the failure to store or transmit, any Feedback maintained by our Site; and (d) whether our Site meets your requirements or is available on an uninterrupted, secure, or error-free basis;
       2. we will not be liable to you or any third party for any incidental, special, indirect, consequential, exemplary, or punitive damages whatsoever, arising out of or related to these Website Terms or our Site (including any information and content made available via our Site), however caused, regardless of the theory of liability (contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability, or other theory), even if we have been advised of the possibility of such damages; and
       3. in no event will our aggregate liability arising out of or related to these Website Terms or our Site (including any information or content made available via our Site), exceed ZAR10,000.
13. consequences if you do not use our site in accordance with these website terms
    1. If we find that you have not used our Site in accordance with these Website Terms, we may take any action we deem appropriate, for example:
       1. immediately withdrawing your right to use our Site (either temporarily or permanently);
       2. immediately removing any Feedback uploaded by you to our Site;
       3. issuing a warning to you;
       4. instituting legal proceedings against you for reimbursement of all costs on an indemnity basis (including reasonable administrative and legal costs) resulting from your misuse of our Site;
       5. taking further legal action against you; and/or
       6. disclosing any information to a law enforcement or other supervisory authority as we reasonably feel is necessary or is required by Law.
    2. You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to: (a) your use of our Site other than in accordance with these Website Terms, and (b) your breach of these Website Terms or applicable Laws. We may, at our option and in our sole discretion, assume full control of the defence of claims with legal counsel of our choice. You may not enter into any third-party agreement that would, in any manner whatsoever, constitute an admission of fault by us or bind us in any manner, without our prior written consent.

14. governing law

    The laws of England and Wales govern these Website Terms and your use of the Site. It is technically possible for you to obtain access to this Site from any country in the world, and we have no practical ability to prevent such access. We designed this Site to comply with the laws of England and Wales. We operate in various countries throughout the world and comply with the laws of the countries in which we operate. If any material on this Site, or your use of it, is contrary to the laws where you are, we do not intend you to use the Site, and we ask you not to use it.

15. miscellaneous
    1. Severability. If any provision of these Website Terms is or becomes invalid or unenforceable in whole or in part, the validity and enforceability of the remaining provisions of these Website Terms will not be impacted.
    2. No waiver. A failure to exercise, or a delay in exercising, a right or remedy provided by these Website Terms or under applicable Law does not constitute a waiver of such right or remedy or a waiver of any other rights or remedies. No single or partial exercise of a right or remedy provided by these Website Terms or under applicable Law will prevent the further exercise of such right or remedy or the exercise of any other right or remedy.
    3. Third party rights. Nothing in these Website Terms comprise a stipulation in favour of any third party or will confer upon any third party any right or benefit, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

* * *

Chenosis Marketplace

Privacy Notice

Chenosis and data privacy

Progressive Tech Holdings, a company incorporated in Mauritius under registration number 117490 C2/GBL and its affiliates ("Chenosis") is committed to protecting and respecting your privacy.

This privacy statement sets out the basis on which we will process any personal information that we may collect about you as a visitor to www.chenosis.io(the "Marketplace"), or a contact at one of our customers, suppliers or other business partners.

The information that we collect about you

We may collect and process the following information about you:

• Information that you give us: This is information about you that you give to us by filling in forms on the Marketplace (or other forms that we ask you to complete), giving us a business card (or similar), while attending one of our events or corresponding with us by telephone, post, email or otherwise. 

When you sign up for a Developer, Publisher or Company account, it may include: 

• name;
• email;
• username;
• profile picture;
• address;
• bank account details;
• company name, and your role; or
• company registration details.
• Information that the Marketplace and other systems collect about you:
  • If you visit the Marketplace they will automatically connect some information about you and your visit, including the Internet protocol (IP) address used to connect your device to the Internet and some other information such as your browser type and version and the pages on the sites that you visit.
  • The Marketplace may also download "cookies" to your device – this is described in our separate Cookie Notice as set forth in Annexure B (Cookie Notice)below.
  • If you exchange emails, telephone conversations or other electronic communications with our employees and other staff members, our information technology systems will record details of those conversations, sometimes including their content.
• Other information: We may also collect some information from other sources. For example:
  • If we have a business relationship with the organisation that you represent, your colleagues or other business contacts may give us information about you such as your contact details or details of your role in the relationship.
  • We sometimes collect information from third party data providers or publicly available sources for anti-money-laundering, background checking and similar purposes, and to protect our business and comply with our legal and regulatory obligations.

The uses that we make of your information

We may use your information for the following purposes:

• to create a user account for you. This may include a Developer, Publisher or Company account;
• to operate, manage, develop and administer your account for you; 
• to send payments to you; 
• to send you emails about your account and the Marketplace, including emails containing marketing information which we believe you will find relevant and interesting;
• to operate, manage, develop and promote the Marketplace and our business and, in particular, our relationship with you or the organisation you represent (if any) and related transactions;
• to protect the security of the Marketplace;
• to protect our the Marketplace and our business from fraud, money-laundering, breach of confidence, theft of proprietary materials and other financial or business crimes; and
• to comply with our legal and regulatory obligations and bring and defend legal claims.

We may from time to time review information about you held in our systems – including the contents of and other information related to your email and other communications with us – for compliance and business-protection purposes as described above. This may include reviews for the purposes of disclosure of information relevant to litigation and/or reviews of records relevant to internal or external regulatory or criminal investigations. 

To the extent permitted by applicable law these reviews will be conducted in a reasonable and proportionate way and approved at an appropriate level of management. They may ultimately involve disclosure of your information to governmental agencies and litigation counterparties as described below. 

Your emails and other communications may also occasionally be accessed by persons other than the member of staff with whom they are exchanged for ordinary business management purposes (for example, where necessary when a staff member is out of the office or has left Chenosis).

We will only process your personal information as necessary so that we can pursue the purposes described above, and then only where we have concluded that our processing does not prejudice you or your privacy in a way that would override our legitimate interest in pursuing those purposes. In exceptional circumstances we may also be required by law to disclose or otherwise process your personal information. 

We will tell you, when we ask you to provide information about yourself, if provision of the requested information is necessary for compliance with a legal obligation or, on the other hand, if it is purely voluntary and there will be no implications if you decline to provide the information. Otherwise you should assume that we need the information for our business or compliance purposes (as described above). If you are uncertain as to Chenosis's need for information that we request from you, please contact the Chenosis representative asking for the information, or Contact us (see below), with your query.

Storage of your information

Your personal information will be securely stored by us either on third party systems (see named third party service providers, listed below) or on our own systems. All personal information will be stored within the European Union. 

Some personal information will be encrypted at rest. All other personal information will be stored securely in line with industry standards. All passwords will be hashed. 

Disclosure and international transfer of your information

We may disclose personal information about you, where reasonably necessary for the various purposes set out above:

• to the other members of the Chenosis group of companies;
• to your colleagues within the organisation that you represent;
• to service providers who host the Marketplace or other information technology systems or otherwise hold or process your information on our behalf, under strict conditions of confidentiality and security – including the third party service providers listed below:
  • Google Apigee – API management. See here for more information;
  • DigitalOcean – cloud data storage. See here for more information;
  • Mandrill – a Mailchimp add-on which enables us to send out emails to our users. See here for more information; and
  • Google analytics – a service which enables us to analyse how our users use the Marketplace. See here for more information;
• to partners who run any events that you sign up to through the Marketplace;
• to a person who takes over our business and assets, or relevant parts of them; or
• in exceptional circumstances:
  • to competent regulatory, prosecuting and other governmental agencies, or litigation counterparties, in any country or territory; or
  • where we are required by law to disclose.

These disclosures may involve transferring your personal information overseas. If you are dealing with us within the European Economic Area (or the UK, after it has left the European Economic Area), you should be aware that this may include transfers to countries outside the European Economic Area / UK, which do not have similarly strict data privacy laws. In those cases, where we transfer personal data to other members of the Chenosis group or our service providers, we will ensure that our arrangements with them are governed by appropriate safeguards or agreements on terms approved for this purpose by the European Commission.

Please Contact us (see below) if you would like to know whether any such agreements are in place or, if so, to see a copy.

Retention and deletion of your information

We will delete the information that we hold about you when we no longer need it. Specific information about our record retention policies is available on request. Please Contact us (see below).

Note that we may retain some limited information about you even when we know that you have left the organisation that you represent, so that we can maintain a continuous relationship with you if and when we are in contact with you again, representing a different organisation.

Your rights

You may:

• have a right of access to the personal information that we hold about you, and to some related information, under applicable data protection law;
• require any inaccurate personal information to be corrected or deleted;
• have the right to ask us to erase your personal information and to ask us to restrict the processing of your personal information, in certain circumstances;
• object to our use of your personal information for direct marketing purposes at any time and you may have the right to object to our processing of some or all of your personal information (and require them to be deleted) in some other circumstances; and 
• have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.

If you wish to exercise any of these rights, please Contact us as set out below. 

You can also lodge a complaint about our processing of your personal information with the body regulating data protection in your country, where you live or work, or the location where the data protection issue arose. Where South African data protection law is applicable, please go tohttps://inforegulator.org.za/contact-us/ for the Information Regulator’s contact details.

Contact us

We welcome questions, comments and requests regarding this privacy statement and our processing of personal information. Please email us on chenosis-sales@mtn.com. 

Changes to this policy

Any changes we make to this privacy statement in the future will be posted to our the Marketplace (at www.chenosis.io) and also available if you Contact us. Please check back frequently to see any changes.

Chenosis Marketplace

Cookie Notice

This is the cookie notice of Progressive Tech Holdings” a company incorporated in Mauritius under registration number 117490 C2/GBLand its affiliates ("Chenosis") for www.chenosis.io(the "Marketplace"). We want to ensure that you enjoy browsing the Marketplace. In order to enhance your experience, we place cookies onto your computer. Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user's device and target the content displayed to the user’s interests. 

By using our websites you agree that, unless you have set your device's browser to reject them, we can place the types of cookies set out below on your device and use that data in accordance with this policy.

You can find more information about cookies at www.allaboutcookies.org and www.youronlinechoices.eu, and for a video about cookies visit: www.google.co.uk/goodtoknow/data-on-the-web/cookies/.

Do we use cookies on our websites and, if so, why?

Yes. 

By using our websites you agree that, unless you have set your device's browser to reject them, we can place the types of cookies set out in the table below on your device, and use that data in accordance with this policy.

We use cookies and similar technologies (such as JavaScript) to: (i) customize and improve the users’ experience of our websites; (ii) deliver content tailored to the users’ interests and the manner in which they browse our websites; and (iii) manage our websites and other aspects of our business.

What types of cookies are used and what choices do you have?

Below is a list of the cookies that we would like to use on our websites. 

Cookies we use on the Marketplace

Changing your cookie preferences

The "Help" menu in the toolbar of most web browsers will tell you how to change your browser's cookie settings, including how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Below is some helpful guidance about how to make these changes.

Internet Explorer

If you are using Microsoft Internet Explorer and you wish to block our website cookies, you can perform the following actions:

1. On your browser tools menu, select 'Internet Options'
2. Click on the 'Privacy' tab and then on the 'Sites' button
3. Type into the 'Address of website' field:
4. chenosis.io
5. Click on the 'Block' button
6. Click on the OK button

Other browsers

Guidance on how to block website cookies on other browserscan be found below:

• Firefox cookie management
• Chrome cookie management
• Safari cookie management

More detailed information on disabling cookies can be found at www.allaboutcookies.org. However, please note that if you use your browser settings to block all cookies (including, for example, Strictly Necessary Cookies) you may not be able to access all or parts of our websites.