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. “The Voice of
the Cape Apps” means any online application software that is
provided by or is connected with The Voice of the Cape 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 The Voice of the Cape Apps.
1.3. “we”,
“us”,
“our”
and “The
Voice of the Cape” means Muslim Broadcasting Corporation t/a
The Voice of the Cape, all its affiliates and subsidiaries and any developers
that The Voice of the Cape 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 Muslim Broadcasting Corporation t/a The Voice of the Cape
19.2.
We are registered
in South Africa under registration number IT923/95 and our registered
office is at 2 Queens Park Ave, Salt River, Cape Town, South Africa.
19.3.
Our principal
place of business is at 2 Queens Park Ave, Salt River, Cape Town, South Africa
19.4.
You can contact
us:
19.4.1.
via the app;
19.4.2.
by email, using rustumg@vocfm.co..za
19.4.3.
by post, to 2
Queens Park Ave,Salt River,
Cape Town, South Africa