TERMS & CONDITIONS OF GAGASI FM APP USE
This Agreement was last updated on the 1st of
- The GAGASI FM App is licensed to Gagasi
- By interacting on this App, you represent and warrant
that you have read and understood these Terms and Conditions and that you
agree to be bound by these Terms and Conditions in all your interactions
with the App.
- “The Agreement”: refers to these Terms and Conditions;
- “Content”: includes but is not limited to software and
material; and all text, photos, audio, video and other content generated
or consumed within the App;
- “Data": means any data, including Personal
Information as defined in the Protection of Personal Information Act 2013
and any other applicable legislation in the jurisdiction where the
Services are to be provided, irrespective of the media or form, and
specifically includes all data provided by you to us, which are processed
and/or stored by us;
- “Forums”: includes but is not limited to bulletin
boards, chatrooms and other public messaging areas found on the GAGASI FM App;
- "Personal Information" has the meaning given
to it in the Protection of Personal Information Act 2013;
- “Software”: includes but is not limited to any images
or files incorporated in or generated by the software or data accompanying
- “Submissions / posts”: includes but is not limited to
notes, images, creative materials, ideas, suggestions concepts,
communication including any data, questions, comments and other
information submitted in the GAGASI FM App via transmission by electronic
mail or otherwise;
- “Trustee”: a trustee of GAGASI FM;
- “Material”: includes but is not limited to text,
submissions, images, audio and/or video in whole or in part;
- “use”: any use of the GAGASI FM App, including but not
limited to posting content on the GAGASI FM App;
- “User”: a person who uses and/or accesses computer
Software and/or material via the GAGASI FM App; and who has an associated user
account. Also referred to as “you” or “your/s”;
- “GAGASI FM ”: Gagasi FM, its
Trustees or may be referred to as “us”, “we” or “our”;
- ”GAGASI FM App” (“the App”): the mobile application
known as GAGASI FM that is available by the provider through the Google
Play Store and the Apple App Store and any other app stores;
- “GAGASI FM area”: the operational area of GAGASI FM.
- In this Agreement unless it appears to the contrary,
the singular shall include the plural and vice-versa, any reference to any
gender shall also include the opposite gender and any reference to a
natural person, shall include legal person and vice versa.
- The purpose of the App is:
- To encourage community interaction in a positive and
- To provide other categories of chat where members and
users can share relevant community information.
- To provide updates to the community on general GAGASI
- The GAGASI FM is
not a security company and the App is not a 24-hour response channel.
- We expect that participants post content that is both
relevant and respectful of the GAGASI FM community.
to and termination of agreement
- The use of or access to this App constitutes the user’s
acceptance of terms and conditions hereof, which are binding on the user
and take effect on a date which the user first makes use of, or has access
to, the GAGASI FM App.
- If the user does not accept all the terms and
conditions in full, the user must exit the App immediately. GAGASI FM has
the exclusive discretion to terminate the Agreement at any time.
- After the user has exited the App as aforesaid, the
user must destroy all content, whether materials or software, obtained
from the App and all copies thereof.
- In the event of the user failing to exit the App as
aforesaid, GAGASI FM has the right to claim any indirect, direct,
incidental, special or punitive damages caused to the GAGASI FM from the
users unauthorized access and/or use of the GAGASI FM App. The user
further indemnifies the GAGASI FM against any claims for damages of
whatsoever nature caused to another party by the users unauthorized use
and/or access of the App.
- Unless otherwise expressly agreed by us in writing, the
services (including the App) are provided "as-is", without any
warranty of any kind, whether express, implied, statutory or otherwise,
and we specifically disclaim all implied warranties, including any
warranties of merchantability, fitness for a purpose, title, security,
compatibility and non-infringement, to the maximum extent permitted by
law. We do not warrant the comprehensiveness, correctness, or accuracy of
the services or that the services will be uninterrupted, current or error
free. You assume all responsibility and risk for your use of the services.
- The user expressly agrees that the use of the GAGASI FM
App is at the user’s sole risk. GAGASI FM does not guarantee or warrant;
- that the GAGASI FM App will be uninterrupted;
- that the GAGASI FM App will be fault-free and that the
defects will be corrected;
- that the results that may be obtained from the use or
application from information gained from the GAGASI FM App in so far as
accuracy and content of any such information is concerned;
- any merchandise provided through the GAGASI FM App.
- You release us against any claim, demand, suit or
proceeding made or brought against us by a third party arising from or
based on your breach of your responsibilities under this Agreement and/or
a dispute with a user or against any claim which arises out of the actions
of third party suppliers and/or associations over which we have no
reasonable control (a "claim against us"), and shall indemnify
us for any damages, attorney fees and costs finally awarded against us as
a result of, or for any amounts paid by us under a court-approved
settlement of, a claim against us; provided that we (a) promptly give you
written notice of the claim against us, (b) give you sole control of the defense and settlement of the claim against us
(provided that you may not settle or defend any claim against us unless
you unconditionally release us of all liability), and (c) provide to you
all reasonable assistance, at your expense.
- The user acknowledges and confirms GAGASI FM indemnity
to, including but not limited to, indirect, direct, incidental, special,
consequential or punitive damages arising from the use of or inability to
use the GAGASI FM App. The user acknowledges that the provisions of this
paragraph shall apply to all the contents of the GAGASI FM App.
- In no event shall we have any liability to you for any
loss of profits or revenues or for any special, incidental or
consequential damages howsoever caused, whether in contract, delict or
under any other theory of liability arising out of or in connection with
this Agreement, our software or the services. This clause does not exclude
loss suffered due to our gross negligence.
- The disclaimer of liability applies to damages or
injury, including but not limited to, indirect, direct, incidental,
special, consequential or punitive damages or any damages whatsoever
arising from use or loss of use of data or of profits, whether in breach
of contract, tortious action, negligence, or under any other cause of
- If any of the terms and conditions of this Agreement
should be deemed to be unlawful, invalid or otherwise unenforceable by
reason of the laws of any state or country in which these terms and
conditions are intended to be effective than to the extent only and within
the jurisdiction in which that term and condition is illegal, invalid or
unenforceable, it shall be severed and deleted from this Agreement and the
remaining terms and conditions shall survive, remain in full force and
effect and continue to be binding and enforceable.
- A user must be a resident and/or registered with GAGASI
mark / copyrights and restrictions on use
- The App consists of content which is derived entirely
or in part from content supplied by GAGASI FM and other sources. The said
content is protected under applicable South African Copyright and
Trademark Laws, International Trademarks and Copyright Laws and
- The user, with the inclusion of but not the limitation
of, may not reproduce, duplicate, publish, modify, copy, download, upload
in any manner, post, broadcast or transmit, reverse engineer or disenable,
display, or distribute or in any way exploit any of the content, that
being software and/or material. Except in so far that the user may
download one copy of the content on any single computer for the user’s
personal, non-commercial home use only. Provided that all propriety
notices and restrictions attached onto the content are kept intact, unless
expressly permitted by the App, or unless prior written consent from GAGASI
FM has been obtained.
- The user is also strictly prohibited from creating
works, and/or software materials derived from or which are based on the
content found on this App. The prohibition applies regardless of whether
the content is sold, negotiated or given away and/or further alienated in
any manner whatsoever.
and availability of service and links
- The GAGASI FM App contains links to other related world
wide web Internet apps. No inference can be made or representation implied
that GAGASI FM is connected with,
operates or controls these linked web apps. Whether or not these linked
apps are in fact affiliated with GAGASI FM, GAGASI FM is not responsible
for the content on the aforesaid app. The linked apps are for the user’s
convenience only and user access thereto is at the users own risk.
- When visiting linked apps, the user must refer to that
/ bulletin boards
- Any submission or post, shall be deemed to be and
remain the exclusive property of GAGASI FM. The various forum contents,
which are found on the GAGASI FM App, shall be deemed to remain the
exclusive property of GAGASI FM.
- GAGASI FM has the right, but not the obligation, to
monitor and review submissions submitted by users, in the Forums. GAGASI
FM shall not be responsible for any of the content of these messages. GAGASI
FM further reserves the right, to delete, move or edit submissions that GAGASI
FM, at its absolute discretion, deems abusive, defamatory, obscene, in
conflict with this Agreement or in violation of any Copyright or Trademark
- GAGASI FM can terminate or suspend your account or
otherwise refuse service to you, for a cooling-off period, the length of
which will be at the Trustees sole discretion, or permanently, if you
breach this Agreement, infringe IP repeatedly or otherwise engage in
behaviour that is at the absolute discretion of the Trustees, harmful to
- There is a permanent record of all submissions and this
can be subpoenaed if ever required.
of conduct for the user
- You must submit accurate registration information.
- You must use your real first name and surname, not a
- The user, with the inclusion of, but not the limitation
of, agrees that they will not transmit submissions to the GAGASI FM App
- Use any of the Forums for illegal purposes;
- Are for purpose of spamming;
- Restrict or inhibit any other user from using and
enjoying the Forums;
- Are unlawful, threatening, harassing, abusive,
defamatory, obscene, vulgar, profane, pornographic, racially offensive
and/or allow for indecent information that constitutes a criminal offence
and/or gives rise to a civil liability claim or otherwise violates any
local, national or international law;
- Violate the Copyright, Trademark or other Intellectual
property rights of any other person by the submission of the content to
the GAGASI FM App through the Forums or other avenues, which allow for
such submissions. The user by the transmission of content in any manner
whatsoever, represents to GAGASI FM that they are the rightful owner of
such content transmitted or that the user has obtained permission from
the rightful owners to submit such content transmitted;
- Contain viruses or other harmful content;
- Are intended for commercial purposes, contain
marketing or promotional materials or are intended to solicit donations.
The user agrees that all submissions become the exclusive property of GAGASI
FM. The user agrees that they shall be solely liable for any damage
resulting from any infringement of Copyrights, Trademarks and other
proprietary rights or any other damages resulting from such a submission.
The user further indemnifies and holds the GAGASI FM harmless against all
claims for any damages whatsoever arising from the use of the GAGASI FM App.
- Are damaging to, inaccurate or slanderous of the GAGASI
FM and the GAGASI FM brand.
- You will not post anyone's identification documents or
sensitive financial information on the GAGASI FM App.
- GAGASI FM is not required to, and does not check or
verify Data provided and will not be responsible for any incorrect or
inaccurate Data provided. GAGASI FM will not be liable for any errors,
omissions, loss, deletion, theft, destruction or unauthorised access or
alteration relating to Data provided.
- GAGASI FM is committed to protecting your privacy. This
clause explains our data processing practices.
- Data collected:
- GAGASI FM collects the details provided by you on
registration together with Data we learn about you from your use of our
- Use of Data and your preferences:
- We will use your Data to provide and personalise our
- We will also use your Personal Information to
communicate with you.
- We may use your Data for advertising/marketing
- Disclosures of your Personal Information:
- By providing any Data to GAGASI FM, you consent to
such Data being made available to Third-Party Suppliers in order for the
Third-Party Suppliers to process and/or store the Data on our behalf.
- Your use of the GAGASI FM App is deemed to include
your specific consent to use and disclose information in aggregate (so
that no individual customers are identified) for advertising, marketing
and strategic development purposes.
- GAGASI FM and its commercial partners may use your
personal data to serve relevant advertising to you in the App.
- By using the GAGASI FM App and by submitting your
personal details, you consent to this transfer and to receive marketing
material from our affiliates/commercial partners in the App.
- This Agreement, the terms, conditions and operating
rules for the GAGASI FM App, constitute the entire Agreement between the
parties with respect to the subject matter hereof. The Agreement and the
terms and conditions shall be governed and construed in accordance with
the laws of the Republic of South Africa. Any dispute arising here from
shall be exclusively subject to the jurisdiction of the courts and/or Tribunals
of the Republic of South Africa. The section headings used herein are for
convenience only and shall be of no legal consequence.
- GAGASI FM may at any time revise these terms and
conditions by updating the postings. The user is bound by such revisions
and should therefore periodically visit this Agreement to review the then
current terms and conditions to which the user is bound.
- GAGASI FM shall have the exclusive right to at any time
change or discontinue any aspect or feature of the GAGASI FM App.
- Data and messaging rates may apply for downloading and
accessing the GAGASI FM App features and content.
- By downloading this App, you represent that you are a GAGASI
FM registered user and also the account holder for the device or have the
account holder’s permission to download the App. You shall be responsible
for obtaining and maintaining all smartphone and other equipment needed
for access to and use of the Services and all charges related thereto.
- You undertake, represent and warrant that you have the
requisite legal capacity and competency to enter into this Agreement.