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VULA AMEHLO TERMS AND CONDITIONS OF USE OF WIFI HOTSPOTS

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  1. DEFINITIONS

    1. “Act” means the Protection of Personal Information Act 4 of 2013.

    2. “Agreement” means the terms as contained in these terms and conditions including any links contained in this Agreement and their corresponding web page which are specifically incorporated herein.

    3. “Content” means any literary, musical, artistic works, or sound recordings, or cinematographic works, or computer programs or other works, trademarks or other forms of intellectual property.

    4. “Hotspot” means the Wi-Fi network made available by us at your School, through which Users can access the internet for sole use by them.

    5. “Intellectual Property Rights” means all the rights in and to intellectual property, including, but not limited to, works in terms of the Copyright Act 98 of 1978, computer code, formulae, trademarks, service marks, trade names, domain names and logos.

    6. “Personal Information” means any Personal Information as defined in the Act and any other additional data that you are required to provide in order for the Service to be effectively rendered.

    7. “School” means the school which Users attend and at which a Hotspot is made available and depending on the context, includes Users.

    8. “Service” means the provisions of the Hotspot and Content to you.

    9. “us” “we” “our” means Entifon (Pty) Ltd [NPC 2009/018716/08].

    10. “Users” means anyone accessing the Hotspot or using the Service including but not limited to scholars and members of staff at the School.

    11. “Website” shall mean www.vulaamehlo.org.

    12. “you”, “user/s” and “your” means the School and Users who access the Hotspot and/or use the Service provided by us depending on the context.

    13. “your School” means the school that you attend and at which the Hotspot is made available.

  2. TERMS AND CONDITIONS OF USE OF THE SERVICE

    1. This Agreement regulates your use of the Service. By accessing the Service, you agree to be bound by this Agreement and consent to our processing your Personal Information as more fully set out in clause 5 below. If you do not wish to be bound by this Agreement, you may not use the Service.

    2. You shall have to register on the Hotspot to access the internet and the Content. In registering, you will provide us with the following Personal Information:

      1. Your name;

      2. Your age;

      3. Your gender;

      4. Your School name;

      5. Your email address;

      6. Any other Personal Information we may need for you to access the Service or use the Hotspot

    3. We will only process your Personal Information strictly in accordance with the terms of this Agreement and the Act and only for purposes of making the Service available to you.

    4. If you are under the age of 18, you may only access the Service with the consent of your parent, guardian, or any other competent adult who is authorised to give consent on your behalf.  We shall take all reasonable steps to secure the consent of such person prior to making the Service available to you.  You undertake that if you are under 18 you will not use the Hotspot or access the Service before consent of your guardian or other competent adult who is authorised to give consent on your behalf, is given in the necessary form required by us.

    5. A new password shall be issued daily to control access to the Hotspot. 

    6. As part of the Service, we shall make Content available to you for educational purposes through the Website, through a third party application or by any other means.  For the purpose of clarity, you will be able to access this Content through any internet connection, whether through the Hotspot or your own personal internet connection. These Terms and Conditions will apply when accessing Content through the Website, through aa third party application or through your own personal internet connection.  This Content will include amongst other things:

      1. a webinar series;

      2. matric paper revision sessions;

      3. career guidance to learners; and

      4. extra lessons in math, science, life sciences and commerce (additional subjects may be added during the term at our discretion).

    7. The purpose of providing the Service is to facilitate your education at your School by enabling research and providing access to resources and the Content.  The use of the Service must be consistent with these objectives.

    8. You will not attempt to gain unauthorised access to the Service or any unauthorised websites.  This includes attempting to log in through another person’s account or access other person’s files. 

    9. You may be denied access to the Hotspot if you, in our sole opinion, are found to have abused the Hotspot and/or not used the Hotspot for educational and learning purposes. Any abuse would include downloading unauthorised Content or any Content that is not educational in nature, accessing blacklisted websites, making any Content available to third parties without our consent or breaching any term of this Agreement. We reserve the right to limit access to or blacklist any website on the internet in our sole discretion.

    10. You may not use any Content made available as part of the Service in any manner save as set out in this Agreement. This includes copying it and making it available to anyone else or posting it on social media as this will breach the relevant copyright legislation and may be a criminal offence. Additionally, you will fully comply with any take-down notice. You shall be entitled to access Content solely for personal and educational use which use must be consistent with the purposes of the Service.  Nothing in this Agreement shall connote a transfer or assignment of any Intellectual Property Rights in and to the Content made available through the Service. 

    11. We use all reasonable endeavours to ensure that any information made available through the Service is accurate and complete.  We provide the Service “as is”, without any warranties whatsoever. 

    12. Any person that delivers or attempts to deliver any damaging code to the Service or the Website or attempts to gain unauthorised right of entry or use to the Service, may be prosecuted and civil damages may be claimed in the event that we suffer any damage or loss. You agree not to attempt to gain access to our server by any means whatsoever or to disrupt or interfere with the running of the Service, including its software, or other party’s use of the Service, in any way whatsoever. 

      1. You warrant that anything that you post on or using the Service will not contain any material:

        1. that contains any obscene, indecent or offensive language;

        2. that is false, defamatory, abusive, injurious, harassing or hateful;

        3. in respect of which another party holds the rights (and where such rights have not be cleared by you);

        4. which is encrypted, constitutes junk mail or unauthorised advertising;

        5. invades anyone's privacy; and/or

        6. encourages or constitutes conduct which is unlawful, or which would constitute a criminal offence or give rise to civil liability, or that otherwise violates any South African or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

      2. In relation to any discussion forum (where applicable) or communication transmitted by you using the Service, the following general principles apply in relation to material you include:

  • do not post defamatory comments;

  • do not post anything relating to any ongoing or pending trial;

  • do not post content which you have copied from someone else (i.e. you do not own the copyright);

  • do not use profanities;

  • do not post a personal insult about another user;

  • do not advertise or solicit;

  • do not impersonate another user;

  • do not post anything hateful or unlawful in any manner.

    1. We may, at our sole discretion, change these terms and conditions or any part thereof at any time with no notice to you. You should accordingly check these Terms and Conditions as appearing on the Website from time to time.   Should any amendment vary the manner in which your Personal Information is processed, we shall notify you of the change.  Should you be under the age of 18, the provisions of clause 2.4 above will apply.  It is your responsibility to ensure that you are satisfied with the amendments by accessing the updated terms and conditions. Should you not be satisfied with the amendments, you must refrain from using the Service in any way. Your continued use of the Service will be deemed to constitute an acceptance by you of the amended terms of the Agreement. 

    2. The Service is made available subject to registration procedures and approvals which we may accept or reject at our sole discretion.

  1. DISCLAIMERS AND WARRANTIES

    1. We make no representations or warranties as to the quality of the Service.

    2. You warrant that the Personal Information you have provided to us in accordance with clause 5.4 below is accurate and up to date. Further, you warrant that you will inform us if your Personal Information changes and you indemnify us against any liability we may incur by your failure to do so.

    3. You warrant that you shall at all times abide by these terms and conditions and acknowledge that any breach of these warranties contained in this Agreement may cause us to suffer harm and/or damages.

  2. INDEMNITY

    1. You unconditionally and irrevocably indemnify and hold us harmless against all and any loss, liability, proceedings, costs, and damages, including direct, indirect, special and consequential damages, arising out of or in connection with the use of the Service whether due to our negligence or not.

 

 

  1. PROTECTION OF PERSONAL INFORMATION

    1. By using the Service, you consent to us collecting, processing, and disclosing the Personal Information you submit to the Service on the terms set out below.

    2. Personal information collected via the Service is controlled by Vula Amehlo at 43 Frost Street Braamfonten Werf.  Our Information Officer is Ms Bronwyn Russell , who can be contacted at +27 83 227 4375.

    3. The Service is not intended for users who are under the age of 18 and do not have the consent of a guardian or competent person to access the Service. We do not knowingly collect Personal Information from these individuals.

    4. Information we collect

      1. Any Personal Information we collect is used to provide you with a beneficial, educational and meaningful service. The kind of information we may collect through the Service includes, but is not limited to, the following categories of Personal Information:

        1. Registration information: When you register for the Service, you will be asked for basic registration information, such as an email address.

        2. Identification information: You may also be asked to provide identification information to confirm your identity, including, but not limited to, your first and last name, username, your School, grade, age and gender.

        3. Technical and navigational information: We collect information about your interaction with the Service such as computer browser type, pages visited, average time spent on our Service, IP address, unique identifier of the device, and operating system version.

        4. Other information: We may request or receive other Personal Information such as feedback, questions, comments, suggestions, or ideas to provide you with other benefits or to improve upon the Service. In such instances, you will be given the opportunity to provide or decline that information.

    5. How we use the information we collect

      1. We use your Personal Information to:

        1. fulfil your requests for the Service;

        2. respond to your inquiries about the Service;

        3. analyse the Service usage and improve the Service;

        4. alert you to software compatibility issues and to improve our web design and functionality;

        5. deliver to you any administrative notices or alerts and communications relevant to your use of the Service;

        6. offer you other products, programs, or services that we believe may be of interest to you. In this regard, we shall be entitled to transfer your Personal Information to any third party service provider in circumstances where you consent to such a transfer;

        7. perform project planning, troubleshoot problems, and analyse user behaviour;

        8. detect and protect against errors, fraud, or other criminal activity;

        9. enforce the terms of this Agreement;

        10. report the use of the Service and all the above information to your School.

    6. How we disclose Personal Information

      1. We will not, without your permission, sell, publish, or share your Personal Information with third parties for their marketing purposes.

      2. We may share your Personal Information with other third parties with your consent or instructions to do so or to fulfil our obligations in this Agreement subject to the Act.

      3. We may transfer your Personal Information to countries which have similar data protection laws to South Africa.

      4. You have the right to access any of your Personal Information in our possession at any time and you may require us to correct any incorrect information we may have.

      5. Should your Personal Information constitute Special Personal Information as defined in the Act, we shall permanently erase your Personal Data on your request or cessation of use of the Service. You shall be not be able to use the Service once your Personal Data is permanently erased by us.

    7. Security of Personal Information

      1. We use technical and administrative security measures such as but not limited to firewalls, encryption techniques, and authentication procedures, among others, to maintain the security of your Personal Information.

      2. We receive Personal Information from you in the provision of the Service. While we make every effort to protect such Personal Information, it is possible for internet-based communications to be intercepted. Without the use of encryption, the internet is not a secure medium and privacy cannot be guaranteed. We will not be responsible for any damages suffered by you or any third party as a result of the transmission of Personal Information through the internet or for any errors or changes made to any transmitted information.

      3. We may make use of cookies.

    8. Newsletters, summaries and notifications

      1. We may send periodic Service related alerts, weekly summaries, notifications, newsletters, promotions, or other information via email. You may choose to stop receiving alerts, summaries, newsletters and promotions by indicating your preference in your account profile or settings. You may also follow the unsubscribe instructions in the email you receive. Please note that certain Service-related messages that we send are necessary for the proper functioning and use of the Service and you may not have the ability to opt-out of those messages.

    9. Third party offers, advertisements, and data collection

      1. We may use third party service providers to help us analyse certain online activities. For example, these service providers may help us measure the performance of the Service or analyse the Service. We may permit these service providers to use cookies and similar technologies to perform these services. We do not share any Personal Information about our customers with these third party service providers, and these service providers do not collect such information on our behalf.

      2. You may access, review, and update much of the information you have submitted to us at any time via the Hotspot.

      3. You may choose to close or request that we delete your account for the Service at any time.  On deletion, you will no longer be able to access the Service.

    10. Complaints

      1. If you think that we are processing your Personal Information in an unlawful or unfair manner, please contact our Information Officer at the following email address:  bronwym@vulaamehlo.org

    11. Changes to this clause of the Agreement

      1. We may update this clause 5 of the Agreement periodically. Changes are effective immediately upon posting. Any updates to this policy will be made available at www.vulaamehlo.org and on the sign-in page of the Hotspot.

  2. GENERAL

    1. No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in the future.

    2. This Agreement shall be governed and interpreted in accordance with the procedural and substantive laws of the Republic of South Africa.

    3. Should any clause or sub-clause be void for vagueness or for any other reason, then that clause or sub-clause shall be capable of being severed from the remainder of this Agreement, which shall remain of full force and effect. 

    4. This Agreement constitutes the sole record of the Agreement between the parties and supersedes all previous Agreements.  Neither party shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein.

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