Terms & Conditions:
MoveUp
MathsUp
CareUp
ChildSteps
SmartStart
MoveUp: Terms & Conditions
1. Introduction
1.1 The Reach Trust, supported by Nedbank, have produced MoveUp to help first-time job seekers to: learn new skills that improve their employability; build a SmartCV that is accessible anywhere, any time; and to apply for entry-level jobs and other opportunities close to them. MoveUp also helps entry-level recruiters and employers to: post entry-level advertisements in simple steps, easily sort and filter through applications online, view all CVs in a streamlined and standardised format, and to shortlist suitable candidates. With MoveUp our aim is to close the skills gap and unlock personal potential through mobile technology that is easy to access and use. Only persons over the age of 18 are entitled to use the MoveUp platform.
1.2 The Terms of Use bind you from the moment you register with MoveUp.
2. Product terms and conditions
2.1 In the event of a conflict between the Terms of Use and the terms and conditions of a third party that is involved in rendering MoveUp’s services to you, these Terms of Use will prevail insofar as your relationship with us is concerned.
2.2 We sometimes refer to information that is available outside of MoveUp. It is your responsibility to familiarise yourself with external information.
3. Content & Services
3.1 The content and services on MoveUp is designed to help job-seekers learn new skills and to improve their employability, and also to help entry-level recruiters and employers to find work-seekers. We do not claim that the content is accurate, complete or that it will result in any form of employment.
3.2 We do not accept liability for the information or data on any third party website or service, even if we have included a hyperlink to such information or data on MoveUp.
Provision of Services to Recruiters and Employers who register on MoveUp:
3.3 Recruiters and Employers agree to use MoveUp upon the Terms of Use set out in this Agreement.
3.4 Recruiters and Employers shall not use, or permit the use of MoveUp for any other purpose other than set out herein.
3.5 Recruiters and Employers shall, at all times, comply with the Protection of Personal Information Act 2013 and all subsequent legislation and regulations.
3.6 By making use of MoveUp, Recruiters and Employers agree to comply with the Labour Relations Act and other anti- discrimination legislation applicable in South Africa and MoveUp reserves the right to either reject or remove any job ad from its website, that in its discretion contravenes such legislation.
3.7 The following practices are explicitly prohibited in the use of MoveUp and such use will be in breach of this Agreement.
Any content or material that is pornographic, discriminatory, defamatory against any user or third party, offensive to any user or group, a violation of a user's or a third party's privacy, identity or personality, oppressive, racist, hate speech, sexist, copyright infringement, advice and / or guidelines on the circumvention of any technical security measures and / or digital rights management technologies, malicious codes, and content containing any personal information of third parties without their express consent and includes hyperlinks or other directions to such content.
Discriminatory content that is offensive, untrue or provocative material based on race, gender, sex, ethnic or social origin, colour, sexual orientation, pregnancy, marital status age, disability, religion, conscience, belief, culture, language and birth.
The use of premium rated SMS, fax and phone numbers.
Job listing and application requests outside of the intended services of MoveUp.
Harvesting of the MoveUp’s job-seeker database.
4. Password and Security
4.1 In order to use the functionality of MoveUp, a user must first complete the registration process. If a user chooses to login using an account with a third party platform, you give us permission to obtain the information that you have given permission to the third party platform to use to register a MoveUp account.
4.2 It is your responsibility to keep your login details confidential. MoveUp may from time to time publish guidelines on how to protect your login details and it is your responsibility to follow the guidelines.
4.3 You must immediately notify us if your login details have been compromised.
4.4 Never disclose your password to anyone, including members of our staff.
4.5 Whenever you are logged onto MoveUp we will assume that it is you and we will execute the instructions given during such sessions.
4.6 Please note that information sent through unsecured telecommunications networks can be subject to monitoring (unlawful or not). This is beyond the control of MoveUp.
5. Privacy
5.1 You give us permission to use your personal information as set out in our Privacy Policy: www.moveup.mobi/privacy.
6. Electronic communications
6.1 When you visit the website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy Notice as stated in clause 4 above.
6.2 You will only receive direct marketing if you have consented to receiving it.
7. Availability
7.1 MoveUp may at times not be available for various reasons and we have the discretion to suspend the service.
7.2 If MoveUp is not available for whatever reason, we shall not be liable for any losses you may suffer as a consequence.
8. Intellectual Property Rights
8.1 Some of the content on MoveUp has been provided to us by third parties. Depending on the circumstances, we or our third party providers retain copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on MoveUp. You may only use the content for personal use and may not be used for any commercial purposes.
8.2 The logos and trademarks shown on MoveUp are our registered and unregistered trademarks or that of third parties.
8.3 Nothing in the Terms of Use should be construed as granting you any license or right to use any intellectual property rights without our prior written permission and/or that of third parties, as the case may be.
9. Disclaimer
9.1 We do not give any warranties, guarantees and/or representations, whether implied or applicable by law, other than the warranties expressly given in the Terms of Use.
10. Notices
10.1 We shall send notices, irrespective of the medium of communication, that may be required by law or by this agreement to any of the mobile numbers or email addresses you designate on your personal profile. If a notice has been sent electronically it will be deemed that you received it 24 hours after we have dispatched the notice.
11. Liability
11.1 We shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of using MoveUp or relying on any information or content contained on MoveUp, including but not limited to any injury, loss or damage suffered as a result of:
11.1.1 errors or discrepancies in the information provided;
11.1.2 any breakdown or failure of any equipment used to access MoveUp; or
11.1.3 the unavailability of MoveUp.
11.2 We reserve the right to alter, modify, upgrade, update, suspend or withdraw MoveUp or any part thereof at any time.
11.3 You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via MoveUp. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.
11.4 Nedbank provides funding to support the MoveUp platform. However Nedbank is not responsible for any of the content or features on the platform. You acknowledge that Nedbank shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of using MoveUp.
12. General
12.1 MoveUp may from time to time amend the Terms of Use and the amendment will bind you from the first time you access MoveUp subsequent to such amendments.
12.2 Each phrase, sentence, paragraph and clause in the Terms of Use is severable from the other, notwithstanding the manner in which they may be linked together or grouped grammatically and if in terms of any judgement or order any phrase, sentence, paragraph or clause, is found to be defective or unenforceable for any reason the remaining phrases, sentences, paragraphs and clauses, as the case may be, shall nevertheless be and continue to be of full force and effect.
12.3 The laws of the Republic of South Africa applies to the Terms of Use.
12.4 Any breach by you of the Terms of Use entitles us to suspend your access to MoveUp.
12.5 The rule of interpretation that a written agreement shall be interpreted against the party responsible for the drafting or the preparation of the agreement shall not apply.
12.6 By agreeing to the Terms of Use, you confirm that you have read, understood and expressly agree to be bound by the terms and conditions contained herein. You also confirm and agree that you are aware that no expectation of employment or future employment is created and that you shall not hold MoveUp and/or any employers responsible for the outcome of an application.
MathsUp: Terms & Conditions
Definitions
"MathsUp" means a mobile solution that aims to improve the Mathematics development of young children in South Africa.
"the Website" means any part of the MathsUp website (web address), its related mobile sites and/or any software application made available to the User through the Website;
'Website content' includes any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Website
"Terms and Conditions of Use" means this agreement.
"User" means any natural person (including where such a natural person is acting is his/her capacity as the representative of a company, close corporation, trust or partnership) accessing, registering for or otherwise making use of any part of the Website.
Use of the Website
Use of the Website constitutes acceptance of these Terms and Conditions of Use which hereinafter constitute a binding agreement between MathsUp and the User.
Privacy and data retention
MathsUp respects User privacy and will take all reasonable measures to protect the User's personal information by observing industry best practice and by acting in accordance with all applicable laws.
Portions of the Website may only be available to Users following registration, which requires provision of the following information:
full name and surname;
email address;
mobile number.
MathsUp will not disclose a User's personal information to any third-party other than as set out below:
to its employees and/or third party service providers who require a User's personal information in order to properly and efficiently provide the services offered by the Website;
to law enforcement, government officials, fraud detection agencies or other third parties when MathsUp believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support an investigation into suspected illegal activity, or to investigate violations of this agreement;
MathsUp will not retain a User's personal information for longer than is needed for use of the Website, unless required to do so by law, or unless the User consents to such retention.
The Website may make use of "Cookies" to automatically collect information and data. Cookies are small text files a website can use to recognise repeat Users, facilitate the User's on-going access to and use of the Website and allow a website to track usage behaviour and compile aggregate data that will allow MathsUp to improve the functionality of the Website and its content. The type of information collected by Cookies is not used to personally identify the User. Whilst the User is entitled to block the use of Cookies by the Website (a common feature of most internet browsers) Cookies may be necessary to provide the User with certain features and the User hereby acknowledges that blocking Cookies may result in limited or impaired access to the the Website.
Disclaimer and indemnity
Whilst MathsUp takes all reasonable measures to ensure the accuracy of the information provided by the Website, all information including text, images, links, downloads and coding, is provided to the User "as is" and "as available". MathsUp furthermore makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the Website or the information contained in it to the User.
MathsUp has no control over third-party content and features which may be accessed through the Website and does not examine or edit such content and features or act as an agent for third-parties accessible through the Website. Accordingly, MathsUp disclaims any liability for loss or damage arising from the use of third-party websites, contents or features.
The User hereby unconditionally indemnifies MathsUp and agrees to hold it free from all loss, damages, claims and/or costs of whatsoever nature, suffered or incurred by MathsUp or instituted against MathsUp as a direct or indirect result of the User's:
use of the Website;
failure to comply with any provisions of this agreement, or any other requirements which MathsUp may impose from time to time; and,
any unavailability or interruption to access of the Website.
The User specifically indemnifies MathsUp against any and all indirect and/or consequential loss.
Termination and availability
MathsUp will, to the greatest extent possible, endeavour to maintain the availability of the Website, except during scheduled maintenance periods, but is entitled to discontinue access to the Website or any part thereof without notice to the User.
MathsUp may in its sole discretion terminate, suspend, amend and/or modify the Website.
Failure to comply with this agreement may result in suspension and/or termination of the User's access to the Website, without any prejudice to any claims for damages or otherwise that MathsUp may have against the User.
Security
Whilst MathsUp takes all reasonable measures to ensure the security of the Website, the User hereby indemnifies MathsUp against any and all loss arising from damage caused either by the malicious use of the Website or by destructive data or code that is passed on to the User through the use of the Website.
The following acts in connection with the Website are expressly prohibited:
gaining or attempting to gain unauthorised access to any part of the Website;
delivering or attempting to deliver any unauthorised or malicious code or content to the Website;
any amendment to or attempt to amend any of the content or any other part of the Website by unauthorised persons; and,
any other unlawful interference with the proper operation of the Website.
Ownership and copyright
The contents of the website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Website ("Website Content") are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of MathsUp, its affiliates, advertisers and/or sponsors and/or is licensed to MathsUp. Redink holds the copyright of the content.
Users do not acquire any right, title or interest in or to the Website or the Website Content by virtue of their use of the Website.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of this agreement or otherwise provided for in law.
Where any of the Website Content has been licensed to MathsUp or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third-party imposes from time to time and you agree to comply with such third party terms and conditions.
Applicable law and jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with South African law, by a South African Court having jurisdiction.
Ownership information and required disclosures under section 43 of the ECT Act
Website owner: The Reach Trust
Phone: +27 (0)87 094 6132
E-mail: info@thereachtrust.org.za
Website: http://www.thereachtrust.org/
Physical Address: Cluver Markotter Building, First Floor, Corner Mill and Church Street, Stellenbosch 7600, South Africa
Postal Address: Cluver Markotter Building, First Floor, Corner Mill and Church Street, Stellenbosch 7600, South Africa
Public Benefit Number (Tax Exempt): 930-048-112
General
This agreement contains the record of the entire agreement between the User and MathsUp as regards use of the Website.
Users may not cede, assign or otherwise transfer any rights they may have under this agreement or which may otherwise have been obtained through the use of the Website.
Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable.
No party to this agreement shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein.
No indulgence which any party ("the grantor") may grant to the other ("the grantee") shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.
No amendment or consensual cancellation of this agreement or any provision or term thereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement shall be binding unless recorded in a written document signed by a duly authorised representative from both Parties.
No extension of time or waiver or relaxation of any of the provisions or terms of this agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppel against either Party hereto in respect of its right under this agreement, nor shall it operate so as to preclude either of the Parties thereafter from exercising its rights strictly in accordance with this agreement.
Any provision of this agreement which by its context is intended to apply after termination of this agreement shall survive its termination.
CareUp: Terms & Conditions
Definitions
“CareUp” means the application developed by the non-profit organisation The Reach Trust established in 2013 to inspire and improve lives through the development of innovative and cost effective mobile phone solutions.
“the Website” means any part of the CareUp website (the web address), its related mobile sites and/or any software application made available to the User through the Website;
“Terms and Conditions of Use” means this agreement.
“User” means any natural person (including where such a natural person is acting is his/her capacity as the representative of a company, close corporation, trust or partnership) accessing, registering for or otherwise making use of any part of the Website.
Use of the Website
Use of the Website constitutes acceptance of these Terms and Conditions of Use which hereinafter constitute a binding agreement between CareUp and the User.
Privacy and data retention
CareUp respects User privacy and will take all reasonable measures to protect the User’s personal information by observing industry best practice and by acting in accordance with all applicable laws.
Portions of the Website may only be available to Users following registration, which requires provision of the following information:
full name and surname;
email address;
mobile number.
CareUp will not disclose a User’s personal information to any third-party other than as set out below:
to its employees and/or third party service providers who require a User’s personal information in order to properly and efficiently provide the services offered by the Website;
to law enforcement, government officials, fraud detection agencies or other third parties when CareUp believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support an investigation into suspected illegal activity, or to investigate violations of this agreement;
CareUp will not retain a User’s personal information for longer than is needed for use of the Website, unless required to do so by law, or unless the User consents to such retention.
The Website may make use of “Cookies” to automatically collect information and data. Cookies are small text files a website can use to recognise repeat Users, facilitate the User’s on-going access to and use of the Website and allow a website to track usage behaviour and compile aggregate data that will allow CareUp to improve the functionality of the Website and its content. The type of information collected by Cookies is not used to personally identify the User. Whilst the User is entitled to block the use of Cookies by the Website (a common feature of most internet browsers) Cookies may be necessary to provide the User with certain features and the User hereby acknowledges that blocking Cookies may result in limited or impaired access to the the Website.
Disclaimer and indemnity
Whilst CareUp takes all reasonable measures to ensure the accuracy of the information provided by the Website, all information including text, images, links, downloads and coding, is provided to the User "as is" and "as available". CareUp furthermore makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the Website or the information contained in it to the User.
CareUp has no control over third-party content and features which may be accessed through the Website and does not examine or edit such content and features or act as an agent for third-parties accessible through the Website. Accordingly, CareUp disclaims any liability for loss or damage arising from the use of third-party websites, contents or features.
The User hereby unconditionally indemnifies CareUp and agrees to hold it free from all loss, damages, claims and/or costs of whatsoever nature, suffered or incurred by CareUp or instituted against CareUp as a direct or indirect result of the User’s:
use of the Website;
failure to comply with any provisions of this agreement, or any other requirements which CareUp may impose from time to time; and,
any unavailability or interruption to access of the Website.
The User specifically indemnifies CareUp against any and all indirect and/or consequential loss.
Termination and availability
CareUp will, to the greatest extent possible, endeavour to maintain the availability of the Website, except during scheduled maintenance periods, but is entitled to discontinue access to the Website or any part thereof without notice to the User.
CareUp may in its sole discretion terminate, suspend, amend and/or modify the Website.
Failure to comply with this agreement may result in suspension and/or termination of the User’s access to the Website, without any prejudice to any claims for damages or otherwise that CareUp may have against the User.
Security
Whilst CareUp takes all reasonable measures to ensure the security of the Website, the User hereby indemnifies CareUp against any and all loss arising from damage caused either by the malicious use of the Website or by destructive data or code that is passed on to the User through the use of the Website.
The following acts in connection with the Website are expressly prohibited:
gaining or attempting to gain unauthorised access to any part of the Website;
delivering or attempting to deliver any unauthorised or malicious code or content to the Website;
any amendment to or attempt to amend any of the content or any other part of the Website by unauthorised persons; and,
any other unlawful interference with the proper operation of the Website.
Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of CareUp, its affiliates, advertisers and/or sponsors and/or is licensed to CareUp.
Users do not acquire any right, title or interest in or to the Website or the Website Content by virtue of their use of the Website.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of this agreement or otherwise provided for in law.
Where any of the Website Content has been licensed to CareUp or belongs to any third party, rights of use will also be subject to any terms and conditions which that licensor or third-party imposes from time to time and you agree to comply with such third party terms and conditions.
Applicable law and jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with South African law, by a South African Court having jurisdiction.
Ownership information and required disclosures under section 43 of the ECT Act
Website owner: CareUp
Registration Number: IT1612/2013
Trustees: D Duarte; P Gent; E Maepa; M Parker; W Chigona, L Moses-Magermann
Phone: +27 (0)87 094 6132
Fax: n/a
E-mail: careup@thereachtrust.org
Website: http://www.thereachtrust.org
Physical Address: Cluver Markotter Building, First Floor, Corner Mill and Church Street, Stellenbosch 7600 South Africa
Postal Address: Cluver Markotter Building, First Floor, Corner Mill and Church Street, Stellenbosch 7600 South Africa
VAT Number: 4830268506General
This agreement contains the record of the entire agreement between the User and CareUp as regards use of the Website.
Users may not cede, assign or otherwise transfer any rights they may have under this agreement or which may otherwise have been obtained through the use of the Website.
Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable.
No party to this agreement shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein.
No indulgence which any party (“the grantor”) may grant to the other (“the grantee”) shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.
No amendment or consensual cancellation of this agreement or any provision or term thereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement shall be binding unless recorded in a written document signed by a duly authorised representative from both Parties.
No extension of time or waiver or relaxation of any of the provisions or terms of this agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppel against either Party hereto in respect of its right under this agreement, nor shall it operate so as to preclude either of the Parties thereafter from exercising its rights strictly in accordance with this agreement.
Any provision of this agreement which by its context is intended to apply after termination of this agreement shall survive its termination.
ChildSteps: Terms & Conditions
Definitions
“ChildSteps” means a mobile application that aims to provide teachers with an easy and efficient way to undertake continuous assessment of children. In addition, the application provides recommendations for additional activities that support continuous development. The primary goal is to ensure that all children have the best possible start to their education journey.
"the Application" means any part of the ChildSteps Android application, its related mobile sites and/or any software application made available to the User through the Application;
'Application content' includes any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Application
"Terms and Conditions of Use" means this agreement.
"User" means any natural person (including where such a natural person is acting in his/her capacity as the representative of a company, close corporation, trust or partnership or Minor ) accessing, registering for or otherwise making use of any part of the Application.
“Minor” means any natural person under the age of 18
Use of the Application
Use of the Application constitutes acceptance of these Terms and Conditions of Use which hereinafter constitute a binding agreement between ChildSteps and the User.
Privacy and data retention
ChildSteps respects User privacy and will take all reasonable measures to protect the User’s personal information by observing industry best practice and by acting in accordance with all applicable laws.
Portions of the Application may only be available to Users following registration, which requires provision of the following information:
Name and Surname
School
Date of Birth
National ID Number
Email Address and/ or Mobile Number
Portions of the Application may only be available to Users representing a Minor, which requires provision of the following information to evaluate a Minor’s performance:
Name and Surname
DOB
Gender
Disability Status
OVC (Orphans and Vulnerable Children) Status.
ChildSteps will not disclose a User’s personal information to any third-party other than as set out below:
to its employees and/or third party service providers who require a User's personal information in order to properly and efficiently provide the services offered by the Application;
to law enforcement, government officials, fraud detection agencies or other third parties when ChildSteps believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support an investigation into suspected illegal activity, or to investigate violations of this agreement;
ChildSteps will not retain a User’s personal information for longer than is needed for use of the Application, unless required to do so by law, or unless the User consents to such retention.
ChildSteps collects data in order to recognise repeat users, facilitate the ongoing access to and use of the application and and allow the application to track usage behaviour and compile aggregate data that will allow ChildSteps to improve the functionality of the Application.
Disclaimer and indemnity
Whilst ChildSteps takes all reasonable measures to ensure the accuracy of the information provided by the Application, all information including text, images, links, downloads and coding, is provided to the User "as is" and "as available". ChildSteps furthermore makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the Application or the information contained in it to the User.
ChildSteps has no control over third-party content and features which may be accessed through the Application and does not examine or edit such content and features or act as an agent for third-parties accessible through the Application. Accordingly, ChildSteps disclaims any liability for loss or damage arising from the use of third-party applications, contents or features.
The User hereby unconditionally indemnifies ChildSteps and agrees to hold it free from all loss, damages, claims and/or costs of whatsoever nature, suffered or incurred by ChildSteps or instituted against ChildSteps as a direct or indirect result of the User's:
use of the Application;
failure to comply with any provisions of this agreement, or any other requirements which ChildSteps may impose from time to time; and,
any unavailability or interruption to access of the Application.
The User specifically indemnifies ChildSteps against any and all indirect and/or consequential loss.
Termination and availability
ChildSteps will, to the greatest extent possible, endeavour to maintain the availability of the Application, except during scheduled maintenance periods, but is entitled to discontinue access to the Application or any part thereof without notice to the User.
ChildSteps may in its sole discretion terminate, suspend, amend and/or modify the Application.
Failure to comply with this agreement may result in suspension and/or termination of the User's access to the Application, without any prejudice to any claims for damages or otherwise that ChildSteps may have against the User.
Security
Whilst ChildSteps takes all reasonable measures to ensure the security of the Application, the User hereby indemnifies ChildSteps against any and all loss arising from damage caused either by the malicious use of the Application or by destructive data or code that is passed on to the User through the use of the Application.
The following acts in connection with the Application are expressly prohibited:
gaining or attempting to gain unauthorised access to any part of the Application;
delivering or attempting to deliver any unauthorised or malicious code or content to the Application;
any amendment to or attempt to amend any of the content or any other part of the Application by unauthorised persons; and,
any other unlawful interference with the proper operation of the Application.
Ownership and copyright
The contents of the application, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Application ("Application Content") are protected by law, including but not limited to copyright and trade mark law. The Application Content is the property of ChildSteps, its affiliates, advertisers and/or sponsors and/or is licensed to ChildSteps. The Reach Trust holds the copyright of the content.
Users do not acquire any right, title or interest in or to the Application or the Application Content by virtue of their use of the Application.
Any use, distribution or reproduction of the Application Content is prohibited unless expressly authorised in terms of this agreement or otherwise provided for in law.
Where any of the Application Content has been licensed to ChildSteps or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third-party imposes from time to time and you agree to comply with such third party terms and conditions.
Applicable law and jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with South African law, by a South African Court having jurisdiction.
Ownership information and required disclosures under section 43 of the ECT Act
Application owner: The Reach Trust
Phone: +27 (0)87 094 6132
E-mail: info@thereachtrust.org.za
Application: http://www.thereachtrust.org/
Physical Address: Cluver Markotter Building, Church Street, Stellenbosch
Postal Address: 7600
Public Benefit Number (Tax Exempt): 930-048-112
General
This agreement contains the record of the entire agreement between the User and ChildSteps as regards use of the Application.
Users may not cede, assign or otherwise transfer any rights they may have under this agreement or which may otherwise have been obtained through the use of the Application.
Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable.
No party to this agreement shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein.
No indulgence which any party ("the grantor") may grant to the other ("the grantee") shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.
No amendment or consensual cancellation of this agreement or any provision or term thereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement shall be binding unless recorded in a written document signed by a duly authorised representative from both Parties.
No extension of time or waiver or relaxation of any of the provisions or terms of this agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppel against either Party hereto in respect of its right under this agreement, nor shall it operate so as to preclude either of the Parties thereafter from exercising its rights strictly in accordance with this agreement.
Any provision of this agreement which by its context is intended to apply after termination of this agreement shall survive its termination.
SmartStart: Terms & Conditions
1. Definitions
1. “SmartStart” means a mobile application that aims to provide a new generation of early learning practitioners known as SmartStarters with an easy and efficient way to take quality early learning opportunities to children. The primary goal is to ensure that all children have the right foundations in place to succeed at school and beyond.
2. "the Application" means any part of the SmartStart Android application, its related mobile sites and/or any software application made available to the User through the Application;
3. 'Application content' includes any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Application
4. "Terms and Conditions of Use" means this agreement.
5. "User" means any natural person (including where such a natural person is acting is his/her capacity as the representative of a company, close corporation, trust or partnership) accessing, registering for or otherwise making use of any part of the Application.
2. Use of the Application
1. Use of the Application constitutes acceptance of these Terms and Conditions of Use which hereinafter constitute a binding agreement between SmartStart and the User.
3. Privacy and data retention
1. SmartStart respects User privacy and will take all reasonable measures to protect the User's personal information by observing industry best practice and by acting in accordance with all applicable laws.
2. Portions of the Application may only be available to Users following registration, which requires provision of the following information:
1. full name and surname;
2. email address;
3. mobile number.
3. SmartStart will not disclose a User's personal information to any third-party other than as set out below:
1. to its employees and/or third party service providers who require a User's personal information in order to properly and efficiently provide the services offered by the Application;
2. to law enforcement, government officials, fraud detection agencies or other third parties when SmartStart believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support an investigation into suspected illegal activity, or to investigate violations of this agreement;
4. SmartStart will not retain a User's personal information for longer than is needed for use of the Application, unless required to do so by law, or unless the User consents to such retention.
5. SmartStart collects data in order to recognise repeat users, facilitate the ongoing access to and use of the application and allow the application to track usage behaviour and compile aggregate data that will allow SmartStart to improve the functionality of the Application.
4. Disclaimer and indemnity
1. Whilst SmartStart takes all reasonable measures to ensure the accuracy of the information provided by the Application, all information including text, images, links, downloads and coding, is provided to the User "as is" and "as available". SmartStart furthermore makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the Application or the information contained in it to the User.
2. SmartStart has no control over third-party content and features which may be accessed through the Application and does not examine or edit such content and features or act as an agent for third-parties accessible through the Application. Accordingly, SmartStart disclaims any liability for loss or damage arising from the use of third-party applications, contents or features.
3. The User hereby unconditionally indemnifies SmartStart and agrees to hold it free from all loss, damages, claims and/or costs of whatsoever nature, suffered or incurred by SmartStart or instituted against SmartStart as a direct or indirect result of the User's:
1. use of the Application;
2. failure to comply with any provisions of this agreement, or any other requirements which SmartStart may impose from time to time; and,
3. any unavailability or interruption to access of the Application.
4. The User specifically indemnifies SmartStart against any and all indirect and/or consequential loss.
5. Termination and availability
1. SmartStart will, to the greatest extent possible, endeavour to maintain the availability of the Application, except during scheduled maintenance periods, but is entitled to discontinue access to the Application or any part thereof without notice to the User.
2. SmartStart may in its sole discretion terminate, suspend, amend and/or modify the Application.
3. Failure to comply with this agreement may result in suspension and/or termination of the User's access to the Application, without any prejudice to any claims for damages or otherwise that SmartStart may have against the User.
6. Security
1. Whilst SmartStart takes all reasonable measures to ensure the security of the Application, the User hereby indemnifies SmartStart against any and all loss arising from damage caused either by the malicious use of the Application or by destructive data or code that is passed on to the User through the use of the Application.
2. The following acts in connection with the Application are expressly prohibited:
1. gaining or attempting to gain unauthorised access to any part of the Application;
2. delivering or attempting to deliver any unauthorised or malicious code or content to the Application;
3. any amendment to or attempt to amend any of the content or any other part of the Application by unauthorised persons; and,
4. any other unlawful interference with the proper operation of the Application.
7. Ownership and copyright
1. The contents of the application, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Application ("Application Content") are protected by law, including but not limited to copyright and trade mark law. The Application Content is the property of SmartStart, its affiliates, advertisers and/or sponsors and/or is licensed to SmartStart.
2. Users do not acquire any right, title or interest in or to the Application or the Application Content by virtue of their use of the Application.
3. Any use, distribution or reproduction of the Application Content is prohibited unless expressly authorised in terms of this agreement or otherwise provided for in law.
4. Where any of the Application Content has been licensed to SmartStart or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third-party imposes from time to time and you agree to comply with such third party terms and conditions.
8. Applicable law and jurisdiction
1. This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with South African law, by a South African Court having jurisdiction.
9. Ownership information and required disclosures under section 43 of the ECT Act
Application owner: The Reach Trust
Phone: +27 (0)87 094 6132
E-mail: info@thereachtrust.org.za
Application: http://www.thereachtrust.org/
Physical Address: Cluver Markotter Building, Church Street, Stellenbosch
Postal Address: 7600
Public Benefit Number (Tax Exempt): 930-048-112
10. General
1. This agreement contains the record of the entire agreement between the User and SmartStart as regards use of the Application.
2. Users may not cede, assign or otherwise transfer any rights they may have under this agreement or which may otherwise have been obtained through the use of the Application.
3. Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable.
4. No party to this agreement shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein.
5. No indulgence which any party ("the grantor") may grant to the other ("the grantee") shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.
6. No amendment or consensual cancellation of this agreement or any provision or term thereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement shall be binding unless recorded in a written document signed by a duly authorised representative from both Parties.
7. No extension of time or waiver or relaxation of any of the provisions or terms of this agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppel against either Party hereto in respect of its right under this agreement, nor shall it operate so as to preclude either of the Parties thereafter from exercising its rights strictly in accordance with this agreement.
8. Any provision of this agreement which by its context is intended to apply after termination of this agreement shall survive its termination.