Terms of Use
Provisions
About these Terms
This is version 2.0 of the Service’s Terms. These Terms were published on 25 April 2015.
How to read these Terms
Our Terms contain a number of words and phrases which have specific meanings and most of which are capitalised. Our Glossary contains these words and phrases.
We also apply certain rules when interpreting these Terms and you can find our Interpretation Guide which set out these rules below.
Interpretation Guide
In these Terms, headings are for convenience and we don’t intend for them to be used to interpret the Terms.
If, in the Terms, we refer to a party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then the Terms will also be applicable to and binding on that party’s liquidator or trustee, as the case may be.
Unless we indicate to the contrary in these Terms, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
When we specify any number of days in the Terms, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa. Generally speaking, references to a “day” are references to typical business days.
All annexures, addenda and amendments to these Terms form an integral part of these Terms and, therefore, our contract with you.
Glossary
The following words and phrases bear the meanings assigned to them below and related expressions bear corresponding meanings –
Binding Contract
These Terms are a contract between you and us and govern your use of this Service. You may not use the Service unless you agree to abide by these Terms so it is very important that you read these Terms and any other documents referred to in these Terms very carefully.
You will signify your agreement with these Terms and to be bound by them if you do either of the following:
If you do not agree with any provision contained in these Terms, please do not use the Service in any way.
Legal Age and Capacity
You may not use the Service and may not accept these Terms if you –
By using the Service and/or the content you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being these Terms.
Important provisions pertaining to legal liability
These terms contain provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms of use.
It is therefore important that you familiarise yourself with these provisions before you access the Service and that you not access the Service if you do not agree to abide by those provisions.
Registration
You are required to register if you wish to use certain aspects of the Service. When you register with us you will be asked to select a handle and password which you will use to secure your account. Once registered you will be able to log into your account using your user name and your password.
In order to successfully complete the registration process, you are required to submit your chosen handle and an email address to us.
You may create a limited profile comprising limited Personal Information (namely, the email address, your chosen handle and a password generated by the Service). You may then use your account to make use of the Service.
Your account’s security is solely your responsibility and, while we will take reasonable steps to protect your Personal Information, you agree that –
Content License to you
We grant you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive licence to use the Service. This licence is for the sole purpose of enabling you to use the Service, in the manner permitted by these Terms. In the event we revoke this license, you may no longer use the Service.
You may not (and you may not permit anyone else to) copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless we have specifically told you that you may do so, in writing.
Unless we have given you specific written permission to do so, you may not transfer, through an assignment of rights, sub-licence or otherwise, your rights to use the Service or otherwise transfer any part of your rights to use the Service.
To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Content is expressly permitted (such permission to be interpreted in its most restrictive sense and no permission is granted to publish any Content obtained through the Service outside of the Service itself) you may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original Content are retained and displayed without alteration or modification and not in any manner obscured or removed.
You acknowledge that you do not acquire any ownership rights or rights of use in or to any content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Content except where explicitly permitted to do so.
Content License to us
You grant us a perpetual, worldwide, non-exclusive, royalty-free license and right to copy, commercially exploit, transmit, distribute, publicly perform and display (through all media now known or subsequently created), and make derivative works from Content posted to the Service (this includes the right to make such modifications as are technically necessary to exercise the rights in other media or formats).
Each Content item made available through the Service will be subject to a separate license which commences on the date on which the particular Content item is posted to the Service.
You warrant that you have sufficient rights in your Content either as the Content’s copyright owner or licensee in order to grant us the license you grant.
This warranty includes a specific warranty that, in the event you have included a 3rd Party’s Content in your Content, you have permission from that 3rd Party to make that 3rd Party’s Content available to us under the license you grant us.
You indemnify us and our Associates from any Losses which may arise as a result of your breach of this warranty or any Intellectual Property Rights violation which you may commit by using the Content in the context of the Service.
3rd Party Websites and Services
Your use of those 3rd Party Websites which you may link to or access through your use of the Service may be subject to these Terms and/or the terms of use applicable to those 3rd Party Websites. You agree that it remains your obligation to familiarise yourself with 3rd Parties’ terms of use and to comply with both them and these Terms. In the event there is a conflict between these Terms and 3rd Party’s terms of use, these Terms shall prevail to the extent of the conflict for the purposes of your access to the Service.
Links to and from the service from and to 3rd Party Websites do not constitute our endorsement of such 3rd Party Websites or their contents, nor do we necessarily associate ourselves with their owners or operators. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with 3rd Parties operating the 3rd Party Websites.
We have no control over 3rd Party Websites and you agree that we are not responsible for any content, information, goods or services available on or through any 3rd Party Websites or for any Losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any 3rd Party Websites. You agree that where you access 3rd Party Websites, you do so entirely at your own risk.
Your interaction, correspondence or business dealings with 3rd Parties which are referred to or linked from or to the service is similarly entirely at your own risk and are solely between you and that 3rd Party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
Changes to the Service
We may add new features to the Service and modify or even discontinue existing features without notice to you and in our sole discretion. You agree to this.
Changes to these Terms
We reserve the right, in our sole discretion, to, and you agree that we may, amend these Terms at any time, in any way and from time to time. We will notify you of proposed changes to these Terms to the amended Terms, in advance of such amendments coming into effect, on the Service Website. These amendments shall come into effect automatically on their advertised commencement date.
It is your responsibility to review these Terms regularly and to ensure that you agree with any amendments to these Terms. If you do not agree with any amendments to these Terms, you may no longer use the Service.
Dispute Resolution
If any dispute arises between us regarding any provision of these Terms, or its application or termination, then we agree that we will attempt to resolve our dispute informally by means of joint co-operation or discussion between the Parties directly involved in the dispute within 5 days after that dispute arises or such extended time period as we may agree to.
In the event we are unable to informally resolve our dispute, that dispute may, at our election, be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. Arbitration proceedings shall take place in Johannesburg.
This clause shall constitute your irrevocable consent to the arbitration proceedings, and you shall not be entitled to withdraw your consent or to claim that you are not bound by this clause. We may, at our discretion, waive this clause and permit our dispute to be resolved using an alternate dispute resolution process.
Any award that may be made by the arbitrator –
Notwithstanding the aforegoing, nothing in this clause shall be construed as precluding either party from applying to court for a temporary interdict or other relief of an urgent nature, pending the decision of the award of the arbitrator in terms of this clause.
This clause is severable from the rest of these Terms and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time.
Governing Law and Jurisdiction
The Service is controlled and maintained from our facilities in the Gauteng province of the Republic of South Africa. You irrevocably agree that South African Law shall govern the Service and these Terms.
In respect of disputes which may arise out of your use of the Service and these Terms, you also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of a claim which we may have against you may exceed the ordinary monetary jurisdiction of the Magistrates Court.
Severability
Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms, without invalidating the remaining provisions of these Terms.
Termination
The Terms will continue to apply until either you or we terminate these Terms on the one or more of the grounds set out below.
You may terminate these Terms at any time by terminating your account and ceasing your use of the Service entirely.
We may at any time, terminate its our legal agreement with you if:
Those provisions of these Terms which are intended to survive termination of these Terms shall do so.
Effects of Termination
If your account is removed from the Service, your associated Content may also be deleted at our discretion which we will exercise reasonably. Content removed may not be recoverable and you agree that it is solely your responsible for securely backing up or archiving Content you post to the Service.
The following clauses shall survive these Terms’ termination for any whatsoever:
Acceptable Conduct
You may not frame the Service in any way whatsoever except as permitted by the Service’s functionality or otherwise without our prior written permission.
Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding your conduct on the Service.
You agree to adhere to generally acceptable Internet and messaging etiquette. In this regard, without being limited to the examples listed below, you agree not to use the Service, and may not permit any aspect of the Service to be used, for or in conjunction with any illegal, unlawful or immoral purposes or as prohibited by these Terms or –
Additionally, you agree not to:
Should you engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights we may have, to:
Data Protection
For information about our data protection practices, please read the Data Protection Policy. This policy explains how we process Personal Information submitted to the Service when you use the Services.
You agree to the use of Personal Information posted to the Service in accordance with the Privacy Policy.
Liability
These Terms of use contain provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these Terms.
Disclaimers and Liability Limitation
Your use of and reliance on the Service is entirely at your own risk. The Service is provided on an “as is” and “as available” basis.
Although we take steps to verify information presented on or through the Service, we do not represent or endorse the accuracy or reliability of any advice, opinion, statement, Content or other information contained in, displayed on, linked to or distributed through the Service other users may make available through the Service. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions on the Service without notice to you.
Information, ideas and opinions expressed or conveyed on or through the Service should not be regarded as professional advice or our official opinion on any topic and you are strongly advised to seek independent and competent professional advice before acting on such information, ideas and opinions.
To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the Service or any Content made available through the Service is fit for any particularly purpose.
While we take reasonable precautions in our operation of the Service, you agree that neither we or our Associates shall be liable in respect of any Losses however arising and whatever the cause, in particular pursuant to any user’s use of the Service or from any user’s inability to use the Service.
We will use reasonable endeavours to make the Service available to you, and keep the Service available to you at all times. However, you agree that we shall not be liable in respect of any Losses caused by or arising from the unavailability of, any interruption in or your use of the Service (either in part or as a whole) for any reason whatever.
Indemnity
You indemnify us and our Associates from any Losses due to or arising out of your use of the Service or breach of these Terms.
We are not responsible for files and data associated with your account or for any Content any users have made available through the Service. You agree to take full responsibility for the integrity of your Content and any other data which you make available through the Service as well as to maintain appropriate Content and data backups of your own.
Complaints
If you are of the view that your rights have been infringed through the unlawful use of the Service users or 3rd Parties, you may address a complaint to us which satisfies the following requirements and/or contains the following information:
Please address your notifications to:
We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending Content from the Service and/or suspension or termination of the offending party.
Documents and Notices
We choose the addresses below for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.
ECT Act Disclosures
Access to the content on or through the Service Website and the Service Website itself are classified as “electronic transactions” in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to the disclose the following information:
We May Monitor Your Communications
Subject to the provisions of the RIC Act, you agree to permit us to intercept, block, filter, read, delete, disclose and use all communications users send or post to or using the Service and/or to our staff and/or employees.
You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the ECT Act and in the RIC Act.
Miscellaneous
You agree that:
These Terms constitute the whole agreement between you and us relating to your use of the Service.
No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms which we may show, grant or allow you shall operate as an estoppel against us in respect of its rights under these Terms nor shall it constitute a waiver by us of any of our rights and we shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
Nothing in this agreement shall create any relationship of agency, partnership or joint venture between you and us and you shall not hold itself out as our agent or partner of or as being in a joint venture with us.
About these Terms
This is version 2.0 of the Service’s Terms. These Terms were published on 25 April 2015.
How to read these Terms
Our Terms contain a number of words and phrases which have specific meanings and most of which are capitalised. Our Glossary contains these words and phrases.
We also apply certain rules when interpreting these Terms and you can find our Interpretation Guide which set out these rules below.
Interpretation Guide
In these Terms, headings are for convenience and we don’t intend for them to be used to interpret the Terms.
If, in the Terms, we refer to a party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then the Terms will also be applicable to and binding on that party’s liquidator or trustee, as the case may be.
Unless we indicate to the contrary in these Terms, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
When we specify any number of days in the Terms, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa. Generally speaking, references to a “day” are references to typical business days.
All annexures, addenda and amendments to these Terms form an integral part of these Terms and, therefore, our contract with you.
Glossary
The following words and phrases bear the meanings assigned to them below and related expressions bear corresponding meanings –
- “3rd Party” means a person other than you or us (“3rd Parties” has a corresponding meaning);
- “3rd Party Website” means a website other than the Service Website or any other website associated with the Service;
- “Associates” means a Party’s officers, servants, agents or contractors or other persons in respect of whose actions that Party may be held to be vicariously liable;
- “Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which may be protected by copyright;
- “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time as well as any regulations issued in terms of this Act);
- “Our”, “us” and “we” means or are references to your School;
- “Intellectual Property” means all works, including literary works, pictorial, graphic and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising, marketing and promotional concepts, ideas, proposals and slogans (whether or not subject to copyright); information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts; trade secrets; and any inventions, including all processes, machines, and compositions of matter, and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon;
- “Intellectual Property Rights” means rights, whether registered or unregistered, including applications for and rights to obtain or use Intellectual Property;
- “Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);
- “Party” means us and you as the context may indicate (“Parties” has a corresponding meaning);
- “Personal Information” bears the meaning contained in the Promotion of Access to Information Act (No.: 2 of 2000), as amended from time to time;
- “Platform” means the set of services, application programming interfaces and functions which enable users to retrieve data from the Service or to make data available to Service;
- “post” means to upload, publish, transmit, share or store (“posted” has a corresponding meaning);
- “Privacy Policy” means the policy document explaining what Personal Information is collected through the Service, how that Personal Information is processed and under what circumstances and to whom this Personal Information may be disclosed;
- “RIC Act” means the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 (as amended from time to time as well as any regulations issued in terms of this Act);
- “Service” a Web application developed and running on the Platform which is described on the Service Website and which permits users to interact and connect with other users in a variety of ways which may include, but are not limited to, user profiles, friends, invitations, discussion forums, Content sharing, events and activity streams;
- “Service Website” means your school's branded BeatingBullies website;
- “South African Law” means all and any laws and regulations of the Republic of South Africa, including but not limited to applicable codes of conduct, as may be promulgated or amended from time to time;
- “Terms” means these terms and conditions governing your use of the Service;
- “use” when used in the context of –
- a website (whether it be the Service Website or a 3rd Party Website), means to visit, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;
- the Service or Content, means to copy, download, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate the Service or such Content;
- "user” and “you” is a reference to and means the Service’s end users (“your” has a corresponding meaning).
Binding Contract
These Terms are a contract between you and us and govern your use of this Service. You may not use the Service unless you agree to abide by these Terms so it is very important that you read these Terms and any other documents referred to in these Terms very carefully.
You will signify your agreement with these Terms and to be bound by them if you do either of the following:
- Click to accept or agree to these Terms where we make an option to do so available to you; or
- By using the Service in any way, in which case you understand and agree that we will treat your Service user as acceptance of these Terms from the moment you first begin to access the Service.
If you do not agree with any provision contained in these Terms, please do not use the Service in any way.
Legal Age and Capacity
You may not use the Service and may not accept these Terms if you –
- lack the legal capacity to enter into a binding contract with us;
- are a person who is not permitted to access or use this Service under the laws of the Republic of South Africa or other country including the country in which you are resident or from which you access this Service; and/or
- require the consent of a guardian or parent to agree to these Terms and fail to obtain that consent.
By using the Service and/or the content you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being these Terms.
Important provisions pertaining to legal liability
These terms contain provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms of use.
It is therefore important that you familiarise yourself with these provisions before you access the Service and that you not access the Service if you do not agree to abide by those provisions.
Registration
You are required to register if you wish to use certain aspects of the Service. When you register with us you will be asked to select a handle and password which you will use to secure your account. Once registered you will be able to log into your account using your user name and your password.
In order to successfully complete the registration process, you are required to submit your chosen handle and an email address to us.
You may create a limited profile comprising limited Personal Information (namely, the email address, your chosen handle and a password generated by the Service). You may then use your account to make use of the Service.
Your account’s security is solely your responsibility and, while we will take reasonable steps to protect your Personal Information, you agree that –
- you are responsible for maintaining and promptly updating your Personal Information with us, thereby keeping it accurate, current and complete;
- you will notify us if you believe the security of your Service registration has been compromised in any way, as soon as you become aware of this; and
- if any security violations are believed to have occurred in association with your account, we reserve the right to suspend access to your account pending an investigation and resolution.
Content License to you
We grant you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive licence to use the Service. This licence is for the sole purpose of enabling you to use the Service, in the manner permitted by these Terms. In the event we revoke this license, you may no longer use the Service.
You may not (and you may not permit anyone else to) copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless we have specifically told you that you may do so, in writing.
Unless we have given you specific written permission to do so, you may not transfer, through an assignment of rights, sub-licence or otherwise, your rights to use the Service or otherwise transfer any part of your rights to use the Service.
To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Content is expressly permitted (such permission to be interpreted in its most restrictive sense and no permission is granted to publish any Content obtained through the Service outside of the Service itself) you may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original Content are retained and displayed without alteration or modification and not in any manner obscured or removed.
You acknowledge that you do not acquire any ownership rights or rights of use in or to any content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Content except where explicitly permitted to do so.
Content License to us
You grant us a perpetual, worldwide, non-exclusive, royalty-free license and right to copy, commercially exploit, transmit, distribute, publicly perform and display (through all media now known or subsequently created), and make derivative works from Content posted to the Service (this includes the right to make such modifications as are technically necessary to exercise the rights in other media or formats).
Each Content item made available through the Service will be subject to a separate license which commences on the date on which the particular Content item is posted to the Service.
You warrant that you have sufficient rights in your Content either as the Content’s copyright owner or licensee in order to grant us the license you grant.
This warranty includes a specific warranty that, in the event you have included a 3rd Party’s Content in your Content, you have permission from that 3rd Party to make that 3rd Party’s Content available to us under the license you grant us.
You indemnify us and our Associates from any Losses which may arise as a result of your breach of this warranty or any Intellectual Property Rights violation which you may commit by using the Content in the context of the Service.
3rd Party Websites and Services
Your use of those 3rd Party Websites which you may link to or access through your use of the Service may be subject to these Terms and/or the terms of use applicable to those 3rd Party Websites. You agree that it remains your obligation to familiarise yourself with 3rd Parties’ terms of use and to comply with both them and these Terms. In the event there is a conflict between these Terms and 3rd Party’s terms of use, these Terms shall prevail to the extent of the conflict for the purposes of your access to the Service.
Links to and from the service from and to 3rd Party Websites do not constitute our endorsement of such 3rd Party Websites or their contents, nor do we necessarily associate ourselves with their owners or operators. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with 3rd Parties operating the 3rd Party Websites.
We have no control over 3rd Party Websites and you agree that we are not responsible for any content, information, goods or services available on or through any 3rd Party Websites or for any Losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any 3rd Party Websites. You agree that where you access 3rd Party Websites, you do so entirely at your own risk.
Your interaction, correspondence or business dealings with 3rd Parties which are referred to or linked from or to the service is similarly entirely at your own risk and are solely between you and that 3rd Party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
Changes to the Service
We may add new features to the Service and modify or even discontinue existing features without notice to you and in our sole discretion. You agree to this.
Changes to these Terms
We reserve the right, in our sole discretion, to, and you agree that we may, amend these Terms at any time, in any way and from time to time. We will notify you of proposed changes to these Terms to the amended Terms, in advance of such amendments coming into effect, on the Service Website. These amendments shall come into effect automatically on their advertised commencement date.
It is your responsibility to review these Terms regularly and to ensure that you agree with any amendments to these Terms. If you do not agree with any amendments to these Terms, you may no longer use the Service.
Dispute Resolution
If any dispute arises between us regarding any provision of these Terms, or its application or termination, then we agree that we will attempt to resolve our dispute informally by means of joint co-operation or discussion between the Parties directly involved in the dispute within 5 days after that dispute arises or such extended time period as we may agree to.
In the event we are unable to informally resolve our dispute, that dispute may, at our election, be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. Arbitration proceedings shall take place in Johannesburg.
This clause shall constitute your irrevocable consent to the arbitration proceedings, and you shall not be entitled to withdraw your consent or to claim that you are not bound by this clause. We may, at our discretion, waive this clause and permit our dispute to be resolved using an alternate dispute resolution process.
Any award that may be made by the arbitrator –
- shall be final and binding;
- will be carried into effect; and
- may be made an order of any court to whose jurisdiction the parties to the dispute are subject.
Notwithstanding the aforegoing, nothing in this clause shall be construed as precluding either party from applying to court for a temporary interdict or other relief of an urgent nature, pending the decision of the award of the arbitrator in terms of this clause.
This clause is severable from the rest of these Terms and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time.
Governing Law and Jurisdiction
The Service is controlled and maintained from our facilities in the Gauteng province of the Republic of South Africa. You irrevocably agree that South African Law shall govern the Service and these Terms.
In respect of disputes which may arise out of your use of the Service and these Terms, you also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of a claim which we may have against you may exceed the ordinary monetary jurisdiction of the Magistrates Court.
Severability
Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms, without invalidating the remaining provisions of these Terms.
Termination
The Terms will continue to apply until either you or we terminate these Terms on the one or more of the grounds set out below.
You may terminate these Terms at any time by terminating your account and ceasing your use of the Service entirely.
We may at any time, terminate its our legal agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- the Service provision is or becomes, in our opinion, no longer commercially viable.
Those provisions of these Terms which are intended to survive termination of these Terms shall do so.
Effects of Termination
If your account is removed from the Service, your associated Content may also be deleted at our discretion which we will exercise reasonably. Content removed may not be recoverable and you agree that it is solely your responsible for securely backing up or archiving Content you post to the Service.
The following clauses shall survive these Terms’ termination for any whatsoever:
- “Content License to us”;
- “Content License to you”;
- “Dispute Resolution”;
- “Governing Law and Jurisdiction”;
- “Liability” (and its sub-clauses); and
- “Glossary”.
Acceptable Conduct
You may not frame the Service in any way whatsoever except as permitted by the Service’s functionality or otherwise without our prior written permission.
Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding your conduct on the Service.
You agree to adhere to generally acceptable Internet and messaging etiquette. In this regard, without being limited to the examples listed below, you agree not to use the Service, and may not permit any aspect of the Service to be used, for or in conjunction with any illegal, unlawful or immoral purposes or as prohibited by these Terms or –
- in a manner that infringes, violates or misappropriates any 3rd Party’s Intellectual Property Rights or other proprietary rights or contractual rights;
- except for the purpose of making use of the Service, submit or otherwise post any person’s Personal Information to the Service without that person’s informed, specific and voluntary consent to do so;
- in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to send, disseminate or publish unsolicited messages (irrespective of whether they are commercially oriented or not), “chain letters,” materials promoting “pyramid schemes”;
- to advertise illegal or controlled products or services, or engage in any other advertising or marketing activities that violate these Terms, any applicable laws (including, but not limited to, South African Law), regulatory frameworks or generally-accepted advertising industry guidelines;
- to fail or refuse to honour an express opt-out of any direct marketing messages in a manner consistent with South African Law;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other Personal Information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that is defamatory, or in a way that is otherwise offensive, threatening, abusive, violent, harassing, malicious or harmful to any person or entity;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as we may reasonably determine from time to time, in its sole discretion;
- to impersonate any of our Associates, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Platform without appropriate authorisation;
- to circumvent, disable or otherwise interfere with the Platform’s or the Service’s security related features or any other features that prevent or restrict use or copying of any Content or enforce limitations on Platform or Service use
- to use the Platform or the Service in such a way as to interfere with Platform or Service use, so as to constitute a denial, including a partial denial, of service to users;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy our Intellectual Property Rights in and to the Platform; and/or
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of any Content transmitted through the Service or to users.
Additionally, you agree not to:
- “Stalk” or otherwise harass anyone;
- Collect and process any person’s Personal Information without that person’s informed, specific and voluntary consent;
- Use our name in a such a manner as to suggest an unauthorised association between you and us;
- Post any Content depicting or describing child pornography to any Network or otherwise through the Service;
- Post any Content that we, in our sole discretion, determines depicts or contains pornography, unwarranted nudity, sexual violence, extreme violence, murder, bestiality, incest, or other similar Content;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or otherwise use Network Data (this does not include Internet search engines (for example, Google) and non-commercial public archives (for example, archive.org) that comply with our reasonable restrictions and guidelines for such activities, including through the use of a robots.txt or similar file); and/or
- Use the Service as a generic file hosting service.
Should you engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights we may have, to:
- without notice, suspend or terminate your Service use;
- hold you liable for any costs we incur as a result of your misconduct; and/or
- notwithstanding our Data Protection Policy referred to below, disclose any information relating to you, whether public or personal, to all persons affected by your actions as well as to appropriate legal authorities.
Data Protection
For information about our data protection practices, please read the Data Protection Policy. This policy explains how we process Personal Information submitted to the Service when you use the Services.
You agree to the use of Personal Information posted to the Service in accordance with the Privacy Policy.
Liability
These Terms of use contain provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these Terms.
Disclaimers and Liability Limitation
Your use of and reliance on the Service is entirely at your own risk. The Service is provided on an “as is” and “as available” basis.
Although we take steps to verify information presented on or through the Service, we do not represent or endorse the accuracy or reliability of any advice, opinion, statement, Content or other information contained in, displayed on, linked to or distributed through the Service other users may make available through the Service. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions on the Service without notice to you.
Information, ideas and opinions expressed or conveyed on or through the Service should not be regarded as professional advice or our official opinion on any topic and you are strongly advised to seek independent and competent professional advice before acting on such information, ideas and opinions.
To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the Service or any Content made available through the Service is fit for any particularly purpose.
While we take reasonable precautions in our operation of the Service, you agree that neither we or our Associates shall be liable in respect of any Losses however arising and whatever the cause, in particular pursuant to any user’s use of the Service or from any user’s inability to use the Service.
We will use reasonable endeavours to make the Service available to you, and keep the Service available to you at all times. However, you agree that we shall not be liable in respect of any Losses caused by or arising from the unavailability of, any interruption in or your use of the Service (either in part or as a whole) for any reason whatever.
Indemnity
You indemnify us and our Associates from any Losses due to or arising out of your use of the Service or breach of these Terms.
We are not responsible for files and data associated with your account or for any Content any users have made available through the Service. You agree to take full responsibility for the integrity of your Content and any other data which you make available through the Service as well as to maintain appropriate Content and data backups of your own.
Complaints
If you are of the view that your rights have been infringed through the unlawful use of the Service users or 3rd Parties, you may address a complaint to us which satisfies the following requirements and/or contains the following information:
- the full names and address of the complainant;
- the written or electronic signature of the complainant;
- identification of the right that has allegedly been infringed;
- identification of the material or activity that is claimed to be the subject of unlawful activity;
- the remedial action required to be taken by the service provider in respect of the complaint;
- telephonic and electronic contact details, if any, of the complainant;
- a statement that the complainant is acting in good faith;
- a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.
Please address your notifications to:
- Complaints
- Email: info@beatingbullies.com
We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending Content from the Service and/or suspension or termination of the offending party.
Documents and Notices
We choose the addresses below for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.
ECT Act Disclosures
Access to the content on or through the Service Website and the Service Website itself are classified as “electronic transactions” in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to the disclose the following information:
- Our full name and legal status: Blurtzone CC, a Close Corporation
- Postal address: PO Box 76092, Wendywood, Sandton, South Africa, 2144
- Main business: Identification and reporting of bullying behaviour in schools
- Website address: www.beatingbullies.com
- Official email address: info@beatingbullies.com
- Usership of self-regulatory or accreditation bodies (if applicable): Not Applicable
- Manual in terms of the Promotion of Access to Information Act (No.: 2 of 2000):
- Management: Gavin Symanowitz and Colette Symanowitz
- Costs associated with access to and use of the Service Website: fees as per the Fees clause above and website
- Dispute resolution process: As per the Dispute Resolution Clause above.
- Cooling-off period (if applicable): Not Applicable
- Complaints process: info@beatingbullies.com
We May Monitor Your Communications
Subject to the provisions of the RIC Act, you agree to permit us to intercept, block, filter, read, delete, disclose and use all communications users send or post to or using the Service and/or to our staff and/or employees.
You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the ECT Act and in the RIC Act.
Miscellaneous
You agree that:
- you are bound by these Terms;
- data messages addressed by you to us shall be deemed to have been received if and when responded to;
- you shall be deemed to have been received data messages we address to you as contemplated in section 23(b) of the ECT Act;
- electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and us;
- as well as warrant that data messages that you send to us from a computer, IP address or mobile device normally used by you, was sent and/or authorised by you personally.
These Terms constitute the whole agreement between you and us relating to your use of the Service.
No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms which we may show, grant or allow you shall operate as an estoppel against us in respect of its rights under these Terms nor shall it constitute a waiver by us of any of our rights and we shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
Nothing in this agreement shall create any relationship of agency, partnership or joint venture between you and us and you shall not hold itself out as our agent or partner of or as being in a joint venture with us.
