Please read these
Terms and Conditions of Use carefully before using the App.
1.
Definitions
In these Terms and Conditions of Use, the terms below have the following
meanings:
1.1.
“Izwi loMzansi Apps” means
any online application software that is provided by or is connected with Izwi loMzansi that you install or
download from an online application store and access via a mobile device,
including any smartphone and/or tablet device.
1.2.
“App”
means collectively our Izwi loMzansi
Apps.
1.3.
“we”,
“us”,
“our”
and “Izwi loMzansi” means Izwi loMzansi Radio Station Association NPC, all its affiliates
and subsidiaries and any developers that Izwi loMzansi may employ from time to time.
1.4.
“you”
and “your”
means the user of the App and / or your legal guardian.
1.5.
“personal
information” means information relating to an identifiable,
living, natural person, and where it is applicable, an identifiable, existing
juristic person, including, but not limited to:
1.5.1.
information relating to the race, gender, sex, pregnancy, marital
status, national, ethnic or social origin, colour, sexual orientation, age,
physical or mental health, well-being, disability, religion, conscience,
belief, culture, language and birth of the person;
1.5.2.
information relating to the education or the medical, financial,
criminal or employment history of the person;
1.5.3.
any identifying number, symbol, email address, physical address,
telephone number, location information, online identifier or other particular
assignment to the person;
1.5.4.
the biometric information of the person;
1.5.5.
the personal opinions, views or preferences of the person;
1.5.6.
correspondence sent by the person that is implicitly or explicitly
of a private or confidential nature or further correspondence that would reveal
the contents of the original correspondence;
1.5.7.
the views or opinions of another individual about the person; and
1.5.8.
the name of the person if it appears with other personal
information relating to the person or if the disclosure of the name itself
would reveal information about the person;
provided
that such information is not in the public domain in the same or in a different
format or held by a public body and publicly accessible.
2.
Conditions of Access
2.1.
Your access to, and use of, the App is subject always to our Community
Standards, Privacy Policy, and Terms and Conditions of Use.
2.2.
To avoid any confusion, you agree these Terms and Conditions of
Use applies to your use of:
2.2.1.
any of our mobile application/s;
2.2.2.
any mobile application/s licensed to us;
Regardless
of the platform, gateway, portal or mode of access you use to install, download
or access the App. Your cell phone provider may, depending on the type of
contract you have, charge you for accessing the App or for any usage of the App
(such as data charges, SMS charges). We cannot be held responsible for these
charges.
3.
Your Acceptance and Consent
3.1.
By using the App, you expressly agree to the terms and conditions
of these Terms and Conditions of Use. If you do not agree to all of the Terms
and Conditions of Use, please do not continue to use the App.
3.2.
When you install or download our mobile application/s, you may be
required to accept the Terms and Conditions of Use or the End User Licence Agreement
(collectively, an “EULA”) of a third-party supplier or vendor. While the EULA
is independent from these Terms and Conditions and establishes a separate legal
relationship which you are bound by, you agree that, the EULA is part of these
Terms and Conditions of Use and will apply to your use of our mobile
application/s.
3.3.
You agree that these Terms and Conditions of Use applies to any
information accessed via the App, and to all sections of the App.
3.4.
If you download or use our App, you give us permission to download
and install updates to the software where available.
4.
Your account
4.1.
If you use the App, you must keep your access details (including
your username and password) confidential and not allow other people to use it.
You also accept full responsibility for all activities that occur under your
access details or password and accept responsibility for sharing your username
and password.
4.2.
You are only permitted to use one account. If you use more than
one account, we could delete all access.
4.3.
Once you’ve logged onto the App once, certain information,
functionality and other features of the App will be accessible the next time
you access the App without having to re-enter your password.
4.4.
We may refuse to provide products and/or services to you if we are
unable to verify any information that you provide to us.
4.5.
You agree that the following actions shall be material breaches of
these Terms and Conditions of Use:
4.5.1.
signing in as, or pretending to be, another person;
4.5.2.
transmitting material that violates, or could violate, the
intellectual property rights of others or the privacy of others
4.5.3.
using interactive services in a way that is intended to harm, or
could result in harm to you or to other users of the App; or
4.5.4.
gathering information about others without obtaining their prior
written consent.
4.6.
If we determine that you have clearly, seriously or repeatedly
breached our Terms or Policies, including in particular our Community
Standards, we may suspend or permanently disable access to your account. We may
also suspend or disable your account if you repeatedly infringe other people’s
intellectual property rights or where we are required to do so for legal
reasons.
4.7.
You also agree that any use of your access details shall be
regarded as if you were the person using such information.
4.8.
We may determine certain requirements that you will need to meet
when choosing a username or password. These requirements may be changed
from time to time and you may be required to update your credentials.
5.
Full disclosure of all relevant
facts and benefit entitlement
5.1.
We might need certain personal information from you. It is in your
best interest to keep this information current and accurate.
5.2.
You guarantee that all information provided by you at any time to us
on or via the App, will be true, accurate, current and correct and you
undertake to update the information as and when required.
5.3.
You guarantee that you have fully disclosed all facts, and agree
that these Terms and Conditions of Use or any transactions related to these
Terms and Conditions of Use will be void if you do not meet this requirement.
6.
Electronic communication and
records
6.1.
When you visit the App or send emails to us, you accept that we
can communicate with you electronically. All records that you send to us may be
stored electronically and with third parties, although these third parties are
bound by the strictest levels of confidentiality. These electronic records
shall be proof of the records, unless you can prove otherwise.
6.2.
Any electronic communication (for example, an email, app message,
instant message or SMS) sent to you will be regarded to have been received by
you upon being sent by us. This includes, but is not limited to mobile push
notifications.
6.3.
If you are a registered user of the App, you may receive
communications from us via email. If you do not want to receive emails from us,
you can email us at the information provided at the end of these Terms and
Conditions of Use.
6.4.
We take reasonable steps to protect your personal information and
maintain confidentiality, including the use of encryption technology. However,
we cannot guarantee the security or integrity of any information you transmit
to us online and you agree that you do this at your own risk.
6.5.
You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically meet any legal requirement
that the communications be in writing.
7.
How
our services and products paid for
7.1. We don’t charge you to use the other products and services
covered by these Terms. Instead, businesses and organizations pay us to show
you ads for their products and services. By using our Products, you agree that
we can show you ads that we think will be relevant to you and your interests.
We may use your personal information to help determine which ads to show you.
7.2. We don’t share information that directly identifies you
(such as your name, email address or other contact information) with
advertisers unless you give us specific
permission.
7.3. Advertisers may tell us things like the kind of audience
they want to see their ads, and we show those ads to people who may be
interested.
7.4. We provide advertisers with reports about the performance
of their ads that help them understand how people are interacting with their
content. For example, we provide general demographic and interest information
to advertisers to help them better understand their audience. We don’t share
information that directly identifies you (information such as your name or
email address that by itself can be used to contact you or identifies who you
are) unless you give us specific permission.
8.
Copyright
8.1.
All content made available on the App (for example, text,
graphics, logos, button icons, images, audio clips, digital downloads, data
compilations, and software) belongs to us, unless we expressly state that it is
not and is protected by South African and international law. In addition, the
compilation of all content on the App is the exclusive property of us and is
protected by South African and international copyright laws.
8.2.
Except if permitted under this or another agreement with us no
portion of the App may be copied or transmitted via any means available now or
in the future.
8.3.
Any unauthorised use, alteration or dissemination of the
information or content on the App is prohibited.
8.4.
You agree that if you breach the terms of this clause 8, we will
have the right to claim damages against you, which will include the right to
claim special, incidental, consequential or indirect damages. We will also be
allowed to claim for loss of profits and loss of business and will also be
allowed to recover all legal costs on a scale as between attorney and own
client.
8.5.
Nothing on the App should be regarded as granting any licence or
right to use any trademark without our prior written permission and/or that of
any third party.
8.6.
We try to ensure that technology protects the information on
the App. However, we cannot be held responsible for any consequences that may
result from the unlawful breach of copyright or unlawful dissemination of
information by third parties copying information off the App. If you
suspect a breach or where a breach may have taken place and this comes to your
knowledge, please contact us as soon as possible so that we can address the
problem.
9.
User
content
9.1. In these Terms and Conditions of Use, “your content” means
material (including without limitation text, images, audio material, video
material and audio-visual material) that you submit to our App, for whatever
purpose.
9.2. You grant to us a worldwide, irrevocable, non-exclusive,
royalty-free licence to use, reproduce, adapt, publish, translate and
distribute your content in any existing or future media.
9.3. You also grant to us the right to sub-license these rights,
and the right to bring an action for infringement of these rights.
9.4. You warrant and represent that your content will comply
with these Terms and Conditions of Use. Your content must not be illegal or
unlawful, must not infringe any third party's legal rights, and must not be
capable of giving rise to legal action whether against you or us or a third
party (in each case under any applicable law).
9.5. Your content (and its publication on our App) must not:
9.5.1.
be libellous or maliciously false;
9.5.2.
be obscene or indecent;
9.5.3.
infringe any copyright, moral right, database right, trademark
right, design right, right in passing off, or other intellectual property
right;
9.5.4.
infringe any right of confidence, right of privacy, or
right under data protection legislation;
9.5.5.
constitute negligent advice or contain any negligent
statement;
9.5.6.
constitute an incitement to commit a crime;
9.5.7.
be in contempt of any court, or in breach of any court
order;
9.5.8.
be in breach of racial or religious hatred or
discrimination legislation;
9.5.9.
be blasphemous;
9.5.10. be in breach of official secrets legislation;
9.5.11. be in breach of any contractual obligation owed to any
person;
9.5.12. depict violence in an explicit, graphic or gratuitous
manner;
9.5.13. be pornographic or sexually explicit;
9.5.14. be untrue, false, inaccurate or misleading;
9.5.15. consist of or contain any instructions, advice or other
information which may be acted upon and could, if acted upon, cause illness,
injury or death, or any other loss or damage;
9.5.16. constitute spam;
9.5.17. be offensive, deceptive, threatening, abusive, harassing,
or menacing, hateful, discriminatory or inflammatory; or
9.5.18. cause annoyance, inconvenience or needless anxiety to any
person.
9.6. Your content must be appropriate, civil, tasteful and
accord with generally accepted standards of etiquette and behaviour on the
internet. You must not use our App to link to any web page or application consisting
of or containing material that would, were it posted on our App, breach the
provisions of these Terms.
9.7. You may not upload viruses or malicious code or do anything
that could disable, overburden, or impair the proper working or appearance of
our App.
9.8. You may not access or collect data from our App using
automated means (without our prior permission) or attempt to access data you do
not have permission to access.
9.9. You must not submit any user content to the App that is or
has ever been the subject of any threatened or actual legal proceedings or
other similar complaint.
9.10. We reserve the right to edit or remove any material
submitted to our App, or stored on our servers, or hosted or published upon our
App.
9.11. Notwithstanding our rights under these Terms in relation to
user content, we do not undertake to monitor the submission of such content to,
or the publication of such content on, our App.
9.12. You understand that by using the Services, you may be
exposed to Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabelled or are
otherwise deceptive. All Content is the sole responsibility of the person who
originated such Content.
9.13. If you become aware of any content on the App that breaches
these Terms, please notify us immediately.
10.
Competitions
10.1. From time to time we may run competitions, free prize draws
and/or other promotions on our App. These will be subject to separate terms and
conditions (that we will make available to you as appropriate).
11. Phishing
and spoofing
11.1.
If you receive an unsolicited electronic communication that
appears to be from us and that requests you to provide personal information
(such as your credit card number, user name, or password), or that asks you to
verify or confirm your information by clicking on a link, it is most likely
that the communication was sent by a "phisher" or
"spoofer."
11.2.
We will never ask for this type of information, and we strongly
recommend that you do not respond to these communications and
that you do
not click on the link. Responding to “phishing” places you
and your personal information at risk. We cannot be responsible for any
consequences resulting from your response to any communication sent by a
“phisher” or a “spoofer”.
12. Linking
to third-party websites and applications
12.1.
The mobile application/s may contain certain images and links to
other third-party websites and/or applications with information, content or
material produced by other parties. These linked third-party websites and/or
applications are not under the control of us and we are not responsible for the
information, content or material on any linked website and/or application,
including, any link contained in a linked website and/or application, or any
changes or updates to a linked website and/or application.
12.2.
We are providing these links to you only as a convenience, and you
agree that the inclusion of links does not imply an endorsement by us of the
linked website and/or application, their business or security practices, or any
association with its operators.
12.3.
From time to time we may employ the services of third parties to
assist with the hosting and management of certain services and aspects of the App.
We apply every effort to ensure that our sub-contractors comply with our
Privacy Policy and widely accepted security standards and they will be accountable
for any non-compliance.
12.4.
Should you have any queries arising from transactions you conclude
with such third parties, you will be required to contact them directly.
13. Disclaimer
13.1.
The App and all information, content, tools and materials are
provided by us on an “as is” and “and available” basis, unless we inform you in
writing.
13.2.
We do not guarantee the operation of the App or the information,
content, tools or materials on the App. You agree that you use the App at your
own risk.
13.3.
We do not guarantee that
13.3.1.
the App;
13.3.2.
the information, content, tools or materials included on the App;
13.3.3.
our servers; or
13.3.4.
that any electronic communications
sent by
us are free from viruses or other harmful components.
13.4.
We will not be liable for any damages of any kind arising from
your use of the App or from any information, content, tools or materials
included on or otherwise made available to you through the App, including for
direct, incidental, punitive and/or consequential damages.
13.5.
We are committed to providing you with the best possible service.
However, we are not responsible for:
13.5.1.
any interrupted, delayed or failed transmission, storage or
delivery of information due to a power failure, equipment or software
malfunction, natural disasters, fire, labour unrest, or any other cause beyond our
reasonable control; or
13.5.2.
any inaccurate, incomplete or inadequate information obtained from
the App supplied by you.
13.6.
Neither will we be responsible for any direct or indirect loss or
damages that may arise from:
13.6.1.
any of the events described in this paragraph or the paragraphs
above;
13.6.2.
your actions or omissions that result in a breach of these Terms
and Conditions of Use;
13.6.3.
any links to other website and/or applications from the App. You
also acknowledge that we cannot control the content of or the products offered
on those website and/or applications;
13.6.4.
a denial of access to the App should we believe or have reason to
believe that you are conducting activities that are illegal, abusive, would
attack the integrity of the App or put us in disrepute; or
13.6.5.
your reliance on any of the information, content, tools or
materials that you obtain from the App.
13.7.
It is very important that you acknowledge and understand that the
information included on the App should not to be regarded as either advice or
an intermediary service in terms of the Financial Advisory and Intermediary
Services Act of 2002. Please consult with your financial adviser should you
require any financial services or financial products.
14. Indemnity
14.1.
While we make every effort to ensure that the content and
information on the App is complete, accurate and up to date, we make no
guarantee about the suitability of the products and services on the App or
whether they are complete accurate or appropriate.
14.2.
You agree to fully indemnify us, our directors, and employees, and
will not hold us responsible for any claim relating to your use of the App.
14.3.
You agree to fully indemnify us, our directors and employees, from
any errors or inaccuracies or incomplete information made available by third
parties (including healthcare professionals, advisors and/or experts) on the App
and agree that, we will not be liable for any loss or damages, including
direct, indirect and consequential loss, that may arise from any disclosure to
or by any third parties.
14.4.
You agree that all information, including products and services or
any terms or conditions relating to them, on the App may change. We will notify
you of the important changes within a reasonable time.
14.5.
You agree that any calculations made on the App are estimates and
are meant as guidelines only.
14.6.
We are not responsible for any mistakes in the performance of any
calculators or interactive tools used in the calculations.
14.7.
All products and services provided on the App are subject to
confirmation, and any terms or conditions relating to them, at the time of
finalising any transactions.
14.8.
You accept that some of the information, content, tools or
materials on the App come from external sources, and you agree that we are not
responsible, and will not be held liable, for any information or content,
received from these external sources.
15.
Assignment
15.1. You hereby agree that we may transfer, sub-contract or
otherwise deal with any or all of our rights and/or obligations under these Terms
and Conditions of Use. You may not transfer, sub-contract or otherwise deal
with your rights and/or obligations under these Terms and Conditions of Use
without obtaining our prior written consent.
16. Applicable
law
16.1.
By accessing and using the App, you agree that the laws of the
Republic of South Africa will govern these Terms and Conditions of Use, and you
consent to the jurisdiction of the South African courts in respect of any
dispute which may arise from these Terms and Conditions of Use.
17. Changes
to these Terms and Conditions of Use
17.1.
We may change the terms and conditions of these Terms and Conditions
of Use from time to time. We recommend that you familiarise yourself with these
Terms and Conditions of Use regularly.
17.2.
The current version of these Terms and Conditions of Use will
apply each time that you access and use the App.
18. General
Provisions
18.1.
The headings of the clauses in these Terms and Conditions of Use
is provided for convenience and ease of reference only, and will not be used to
interpret, modify or amplify these Terms and Conditions of Use.
18.2.
If any provision of these Terms and Conditions of Use is held to
be illegal, invalid or unenforceable, that illegality, invalidity or
unenforceability shall not affect the other provisions of these Terms and
Conditions of Use.
18.3.
No failure or delay by us to exercise any of its rights will be regarded
as a waiver of its rights, nor will it affect the validity of any part of these
Terms and Conditions of Use.
19. Our details
19.1.
This
App is owned and operated by Izwi loMzansi Radio Station Asscociation
NPC.
19.2.
We
are registered in Sout Africa under registration
number Reg no. 2000/02 1775/08 and our registered office is at 65 Masabalala Yengwa Avenue, Suite
no.21 Main Concourse, Durban 4000.
19.3.
Our
principal place of business is at 65 Masabalala Yengwa Avenue, Suite no.21Main Concourse, Durban 4000.
19.4.
You
can contact us:
19.4.1. via the app;
19.4.2. by email, using stationmanager@izwi98fm.co.za;
19.4.3. by post, to P.O Box 4667, Durban 4000.