Definitions
“CareUp” means the application developed by the non-profit organisation The Reach Trust established in 2013 to inspire and improve lives through the development of innovative and cost effective mobile phone solutions.
“the Website” means any part of the CareUp website (the web address), its related mobile sites and/or any software application made available to the User through the Website;
“Terms and Conditions of Use” means this agreement.
“User” means any natural person (including where such a natural person is acting is his/her capacity as the representative of a company, close corporation, trust or partnership) accessing, registering for or otherwise making use of any part of the Website.
Use of the Website
Use of the Website constitutes acceptance of these Terms and Conditions of Use which hereinafter constitute a binding agreement between CareUp and the User.
Privacy and data retention
CareUp respects User privacy and will take all reasonable measures to protect the User’s personal information by observing industry best practice and by acting in accordance with all applicable laws.
Portions of the Website may only be available to Users following registration, which requires provision of the following information:
full name and surname;
email address;
mobile number.
CareUp will not disclose a User’s personal information to any third-party other than as set out below:
to its employees and/or third party service providers who require a User’s personal information in order to properly and efficiently provide the services offered by the Website;
to law enforcement, government officials, fraud detection agencies or other third parties when CareUp believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support an investigation into suspected illegal activity, or to investigate violations of this agreement;
CareUp will not retain a User’s personal information for longer than is needed for use of the Website, unless required to do so by law, or unless the User consents to such retention.
The Website may make use of “Cookies” to automatically collect information and data. Cookies are small text files a website can use to recognise repeat Users, facilitate the User’s on-going access to and use of the Website and allow a website to track usage behaviour and compile aggregate data that will allow CareUp to improve the functionality of the Website and its content. The type of information collected by Cookies is not used to personally identify the User. Whilst the User is entitled to block the use of Cookies by the Website (a common feature of most internet browsers) Cookies may be necessary to provide the User with certain features and the User hereby acknowledges that blocking Cookies may result in limited or impaired access to the the Website.
Disclaimer and indemnity
Whilst CareUp takes all reasonable measures to ensure the accuracy of the information provided by the Website, all information including text, images, links, downloads and coding, is provided to the User "as is" and "as available". CareUp furthermore makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the Website or the information contained in it to the User.
CareUp has no control over third-party content and features which may be accessed through the Website and does not examine or edit such content and features or act as an agent for third-parties accessible through the Website. Accordingly, CareUp disclaims any liability for loss or damage arising from the use of third-party websites, contents or features.
The User hereby unconditionally indemnifies CareUp and agrees to hold it free from all loss, damages, claims and/or costs of whatsoever nature, suffered or incurred by CareUp or instituted against CareUp as a direct or indirect result of the User’s:
use of the Website;
failure to comply with any provisions of this agreement, or any other requirements which CareUp may impose from time to time; and,
any unavailability or interruption to access of the Website.
The User specifically indemnifies CareUp against any and all indirect and/or consequential loss.
Termination and availability
CareUp will, to the greatest extent possible, endeavour to maintain the availability of the Website, except during scheduled maintenance periods, but is entitled to discontinue access to the Website or any part thereof without notice to the User.
CareUp may in its sole discretion terminate, suspend, amend and/or modify the Website.
Failure to comply with this agreement may result in suspension and/or termination of the User’s access to the Website, without any prejudice to any claims for damages or otherwise that CareUp may have against the User.
Security
Whilst CareUp takes all reasonable measures to ensure the security of the Website, the User hereby indemnifies CareUp against any and all loss arising from damage caused either by the malicious use of the Website or by destructive data or code that is passed on to the User through the use of the Website.
The following acts in connection with the Website are expressly prohibited:
gaining or attempting to gain unauthorised access to any part of the Website;
delivering or attempting to deliver any unauthorised or malicious code or content to the Website;
any amendment to or attempt to amend any of the content or any other part of the Website by unauthorised persons; and,
any other unlawful interference with the proper operation of the Website.
Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of CareUp, its affiliates, advertisers and/or sponsors and/or is licensed to CareUp.
Users do not acquire any right, title or interest in or to the Website or the Website Content by virtue of their use of the Website.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of this agreement or otherwise provided for in law.
Where any of the Website Content has been licensed to CareUp or belongs to any third party, rights of use will also be subject to any terms and conditions which that licensor or third-party imposes from time to time and you agree to comply with such third party terms and conditions.
Applicable law and jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with South African law, by a South African Court having jurisdiction.
Ownership information and required disclosures under section 43 of the ECT Act
Website owner: CareUp
Registration Number: IT1612/2013
Trustees: D Duarte; P Gent; E Maepa; M Parker; W Chigona, L Moses-Magermann
Phone: +27 (0)87 094 6132
Fax: n/a
E-mail: careup@thereachtrust.org
Website: http://www.thereachtrust.org
Physical Address: Cluver Markotter Building, First Floor, Corner Mill and Church Street, Stellenbosch 7600 South Africa
Postal Address: Cluver Markotter Building, First Floor, Corner Mill and Church Street, Stellenbosch 7600 South Africa
VAT Number: 4830268506
General
This agreement contains the record of the entire agreement between the User and CareUp as regards use of the Website.
Users may not cede, assign or otherwise transfer any rights they may have under this agreement or which may otherwise have been obtained through the use of the Website.
Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable.
No party to this agreement shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein.
No indulgence which any party (“the grantor”) may grant to the other (“the grantee”) shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.
No amendment or consensual cancellation of this agreement or any provision or term thereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement shall be binding unless recorded in a written document signed by a duly authorised representative from both Parties.
No extension of time or waiver or relaxation of any of the provisions or terms of this agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppel against either Party hereto in respect of its right under this agreement, nor shall it operate so as to preclude either of the Parties thereafter from exercising its rights strictly in accordance with this agreement.
Any provision of this agreement which by its context is intended to apply after termination of this agreement shall survive its termination.
Last updated 21 July 2017