LAST UPDATED: 19 October 2018
- The provisions of these Terms contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities, which we may have towards you. These Terms also limit and exclude your rights and remedies against us and place certain liabilities and obligations on you.
- To the extent that the Services are governed by the Consumer Protection Act 68 of 2008 as read with any of its Regulations ("the CPA"), no provision in these Terms is intended to contravene the applicable provisions of the CPA, and therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure compliance with the applicable provisions of the CPA.
- WHAT IS THE SOCIAL COLLECTIVE?
The Social Collective offers cloud and mobile based software to facilitate the collection, storage, management and reporting on social impact data (the "Services").
- CHANGES TO THE TERMS
- ACCESS TO THE SERVICES
- Use of the Services is subject to, and the Services are only available for the duration of the relevant License Agreement.
- You must log in with your unique user ID and password in order to access the Services ("Login Details").
- It is your responsibility to keep your Login Details safe to prevent unauthorised access to your account.
- If you suspect there has been, or could have been, unauthorised access using your Login Details, you must immediately change your Login Details, or email us at [email@example.com] instructing us to block access to your account.
- UNLAWFUL ACTIVITY
- You may not use the Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform, or in any other way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- Should you:
- violate the terms of any License Agreement, or violate any applicable obligation under such agreement; or
- use the Services in a manner that we, in our sole discretion believe (acting reasonably) will cause us liability,
- You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Platform, your account details or any other content which is contained in your account.
- The Terms are governed and construed in accordance with the laws of the Republic of South Africa.
- If any provision of the Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Without limiting the generality of the Terms, when using the Platform, you specifically agree not to upload or transmit any content or engage in any activity that, in our sole discretion:
- violates any part of the Terms;
- is harmful, threatening, discriminatory, abusive, defamatory, indecent, vulgar, profane, obscene, defamatory, racist, sexist, homophobic, hateful or otherwise objectionable, or invasive of another person's privacy;
- depicts sexually explicit images;
- promotes unlawful violence;
- is illegal, or violates any law or regulation;
- attempts to impersonate another person or entity;
- accesses or uses the account of another user without that user's express permission;
- distributes computer viruses or other codes, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
- interferes with, disrupts, or destroys the functionality or use of any features of the Platform or the servers or networks connected to the Platform;
- “hacks”, or accesses without permission, our proprietary or confidential records, records of another user, or records of anyone else;
- violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information in breach of any non-disclosure agreement);
- decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Platform;
- copies, modifies, reproduces, adapts, merges, varies, duplicates, creates derivative works from, frames, mirrors, republishes, downloads, displays, transmits, or distributes all or any portion of the software owned by us, without our express consent;
- accesses all or any part of the Services in order to build a product or service which competes with the Services;
- performs or discloses any benchmark or performance tests of the Services, including our software;
- licenses, sells, rents, leases, transfers, assigns, distributes, displays, discloses, or otherwise commercially exploits, or otherwise makes the Services available to any third party, except where our prior consent has been provided;
- attempts to obtain, or assist third parties in obtaining, access to the Services where they are not entitled to such access;
- removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of the Platform;
- collects, accesses, or stores personal information about other users of the Platform;
- is posted by a bot; and/or
- attempts to do any of the foregoing.
then we, or a representative of ours, may suspend or terminate your account.
- OUR INTELLECTUAL PROPERTY
- Save for where indicated otherwise, all the content, trademarks and data on the Platform, including software, databases, text, graphics, icons, hyperlinks and designs (collectively the "Materials") belong to us or are licensed to us.
- Any unauthorised reproduction, distribution, derivative creation, sale, broadcast or other circulation or exploitation of the whole or any part of the Materials is an infringement of our rights.
- We make no warranties, representations, statements or guarantees (whether express, implied in law or residual) with regard to the Platform and/or Services.
- We do not warrant that the Services, the Platform, the information contained therein, or any output generated by your use of the Services, or any notification or alert, will:
- meet your requirements or expectations;
- be uninterrupted, timely, secure or error free;
- meet any particular measure of accuracy, completeness or reliability, performance or quality; and/or
- be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.
- You warrant that:
- you are legally entitled to access the Platform and use the Services;
- you have, and will continue to have, all necessary consents to use the Services; and
- you have capacity to be bound by the Terms.
- LIABILITY AND INDEMNITY
- Neither us, nor our authorized service providers and their affiliates ("Service
Providers") will be liable for any loss or damage (other than arising from our wilful misconduct or gross negligence) of any nature which may be caused by or attributable, directly or indirectly, to:
- your use of or reliance on the Services and/or the Platform;
- your acts or omissions;
- your breach of the Terms;
- any circumstance where we have acted on your instructions or instructions purported to emanate from you;
- any unlawful access or monitoring of information transmitted to us; and/or
- any error or omission in respect of information submitted to us by you.
- You will not be liable for any liability or damage (other than arising from your fraudulent actions or gross negligence) of any nature which may be caused by or attributable, directly or indirectly, to:
- our acts or omissions; and/or
- a breach by us of the Terms.
- Neither of us will be liable for any indirect or consequential loss or damage of whatever nature and however it may arise.
- There may be times when the availability of the Platform may be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our reasonable control, and you agree that we will not be liable for any inconvenience, loss or damage suffered as a result of such interruptions.
- We hereby indemnify and hold you harmless from and against liabilities, damages, and costs which may arise out of any claim by a third party against the you that our technology used to provide the Services to you infringes or misappropriates
any copyright, trade secret, patent, or trademark right of the third party. However, we will not accept liability for damage arising from:
- the use of the Services in a modified form or in combination with materials not furnished by us; and/or
- any content, information, or data provided by you or other third parties.
- Neither us, nor our authorized service providers and their affiliates ("Service Providers") will be liable for any loss or damage (other than arising from our wilful misconduct or gross negligence) of any nature which may be caused by or attributable, directly or indirectly, to:
- THIS IS THE AGREEMENT BETWEEN YOU AND US
- The Terms and any License Agreement in place between you and us record the agreement between you and us in relation to the Services. Neither of us are bound by any express, tacit or implied representation or warranty not recorded in the Terms.
- Should there be any conflict between the Terms and a License Agreement in place between us, the License Agreement will prevail only to the extent of the conflict.
- No indulgence or extension of time will be construed to waive or limit any of our rights, unless we expressly agree in writing to waive or limit them.
- ASSIGNMENT OF RIGHTS
If we merge, sell or otherwise assign our assets and this involves transferring our rights and obligations under the Terms to any third party, you may need to consent to the transfer of our rights and obligations in order to continue using the Services.
- CROSS-BORDER TRANSFER OF YOUR INFORMATION
Some of our Service Providers may be situated outside of the Republic of South Africa. You consent to your personal information (including Account Information) being transferred cross-border in order for us to provide the Services to you. We will ensure that all such Service Providers have security and privacy policies and procedures providing at least the same level of protection as our Terms.
- THE USE OF THE SERVICES BY CHILDREN
You must be 13 years or older to use the Platform and must have the consent of your parent or legal guardian if you are under the age of 18. If we become aware that we have processed information from someone under the age of 18 without verification of parental consent, we will take steps to remove that information from our servers as soon as possible.
- YOUR QUERIES AND COMPLAINTS
Please email any queries or complaints to firstname.lastname@example.org
- OUR CONTACT DETAILS
- Company Name: The Social Collective Proprietary Limited (Registration No. 2015/160496/07)
- Physical address (including for receipt of legal service): Unit 10, 17 owl Street, Braamfontein Werf, Johannesburg
- Website address: thesocialcollective.co
- Email address: email@example.com