Connected.Life.Stay (PTY) Ltd
If you do not agree to the terms of this Agreement, please do not use the Application. If you wish to register to make use of the Application, you must read these Terms and indicate your acceptance during the registration process. Note, however, that these Terms apply to your access to and use of the Application regardless of whether you register an account as a User.
In this Agreement the following definitions apply:
a. “Application” shall mean the software provided by Connected.Life.Stay to offer services related to providing a platform for parents/guardians for the purpose of scheduling and monitoring their children’s’ travelling and activities. The Application is to be used on Apple iOS and Android devices.
b. “My Family” shall the group of Users added by the parent/s or guardian/s with access to view the child’s or children’s’ scheduled activities.
c. “Caregiver” shall mean any person other than a parent or guardian, who is authorised to transport the child to activities (tutors/drivers) or to care for a child (nanny) or to supervise the child (aupaire)
d. “My Village” shall mean the group of authorised third party Users.
e. “My Milestones” shall mean the voluntary public announcements of selected achievements or updates made via the Application.
f. “My Schedule” shall mean the personalised scheduling service offered by the Application.
g. “Child” shall mean a person under the age of 18 years.
h. “Member” shall mean authorised Users added to the Application under the My Family panel, by You;
i. “Village Member” shall mean authorised Users added to the Application under the My Village panel, by You;
j. “Community” shall mean the public status update panel containing User My Milestone submissions;
k. “Guardian” shall mean a parent or other person who has guardianship of a child;
l. “Service Provider” shall mean a third party that offers an independent service;
m. “User/s” shall mean individuals who wish to upload and/or access personal information to the Application for the purpose of scheduling and monitoring.
2. REGISTRATION AND CREATION OF AN ACCOUNT
2.1 In order to access our service, you must register as a User.
2.2 You must keep your access details confidential and not allow others to use them. You are responsible for all activities that occur under account. Security of the account is your responsibility and Connected.Life.Stay disclaims all liability with regard thereto.
2.3 Connected.Life.Stay may require you to change your logon credentials at various times and you agree that you will comply with such requests. You will notify Connected.Life.Stay immediately of any unauthorised use of the account or any other breach of security. Connected.Life.Stay assumes no liability for any loss or damage arising from any unauthorised use of your password or account by a third party.
2.4 In the event of the security of an account being compromised, Connected.Life.Stay reserves the right to suspend the processing of any communications and will immediately deactivate the associated logon credentials. You shall refrain from using the Application until new logon credentials are issued.
2.5 You hereby indemnify and hold Connected.Life.Stay, its directors, employees, agents and representatives, harmless for any and all losses, damages and expenses arising from your failure to ensure the security of the account, including all legal fees, on an attorney-client scale.
2.6 Where registration is undertaken by you, you hereby indemnify and hold Connected.Life.Stay harmless against any and all liabilities, losses, fines, damages, expenses and legal costs (“claims”) incurred whether directly or indirectly, in the following instances:
a) from any cause, whatsoever, including without limitation any claims arising out of or in relation to the provision of any services or information by Connected.Life.Stay to such you or any third party, or
b) the use of the Application by you, or
c) any claim against Connected.Life.Stay of any nature by the legal entity registered by such person without the relevant authorisation.
2.7 Registration and creation of an account requires completion of an online form that will require the submission of a valid email address. Connected.Life.Stay shall utilise valid email addresses provided by you to provide updates on news, activities and topics of interest. You hereby consent to receive direct marketing material from Connected.Life.Stay via the email addresses provided. You are entitled to notify Connected.Life.Stay that you wish to no longer receive such communications.
2.8 You are responsible for providing information that is true, accurate, current and complete at all times. This responsibility extends to the submission of the correct service provider/s, My Family and/or My Village members’ details as well as other relevant information, such as addresses that are relevant for your child’s daily activity schedule.
2.9 By registering on the Application, you agree to the following:
a) that you will not select or use a name or e-mail address of another person with the intent to impersonate that person;
b) use a name or e-mail address subject to the rights of any person without authorization;
c) use “bots” or other automated ways to create an account; or
d) use a name in violation of the intellectual property rights of any person.
2.10 You may not register on Connected.Life.Stay Life or use any of the services if:
a) You have no legal capacity to enter into agreements (considered a minor by law and have not obtained consent from a guardian or parent);
b) You have been convicted for any child abuse or sexual offence;
c) You were previously asked to terminate your account and/or otherwise asked by the administrator to not use Connected.Life.Stay; or
d) Your account was previously terminated for unlawful activity, offensive activity or failure to accord with this Agreement.
2.11 Technical support regarding the use of the Application is only available to registered members of Connected.Life.Stay and is accessible via the Contact Us link which is found at the top of each page on the Application.
2.12 The Connected.Life.Stay administrators are authorised to make changes to information on the Application.
3. PERMITTED USE OF THE SERVICES
3.1 This Application is meant to serve as a scheduling and monitoring platform for parents/guardians in order to track the day-to-day activities as well as location of children in the care of authorised others.
3.2 The following personal information may be uploaded on the Application:
3.2.1 information relating to 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;
3.2.2 information relating to the education or the medical, ﬁnancial, criminal or employment history of the person;
3.2.3 any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identiﬁer or other particular assignment to the person;
3.2.4 the biometric information of the person;
3.2.5 the personal opinions, views or preferences of the person;
3.2.6 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;
3.2.7 the views or opinions of another individual about the person; and
3.2.8 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
3.3 Where you are using the Application to track your child’s location with your preferred Service Provider, your correspondence and relationship with them and any other terms or conditions that apply to such interactions are solely between you and them.
3.4 You agree that Connected.Life.Stay will not be responsible or liable for any loss, cost, damage, or other liability of any sort incurred as the result of any such dealings, or as the result of the presence of such parties on the Application and you hereby irrevocably waive any claims against Connected.Life.Stay arising from or related to your relationship.
3.5 You hereby release Connected.Life.Stay, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from:
a) any interactions with other Users and/or Service Providers, or
b) your participation in any activities arising from or related to your use of the Application.
4. APPLICABLE RESTRICTIONS
4.1 Access to and use of the Application is governed by these Terms of Service.
4.2 You may not use the Application for any purpose that is unlawful or prohibited by these Terms of Service, any applicable additional or amended Terms of Service, or any other conditions or notices that are made available on the Application. Unauthorised use of this Application may result in Connected.Life.Stay instituting a claim for damages against you and/or you may be found guilty of a statutory and/or criminal offense.
4.3 By using or accessing the Connected.Life.Stay Application, you undertake to refrain from the following conduct:
a) transmitting any worms, viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of the Application and/or the services, including by using any software, routine or device that will or may interfere with the tools, services and/or website, such as viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature.
b) intercepting any data or personal information of any User or third party transmitted on or via the Application.
c) using the Application to perform or promote any act that is unlawful, misleading, malicious, defamatory, or discriminatory.
d) performing any action that may disable, override or impair the efficient and/or proper operation or working of the Application and/or the website.
e) posting content, taking or mobilising action using the Application in a way that infringes or violates any person’s rights or the laws of any jurisdiction.
f) utilising the Application for any illegal or unauthorised purposes.
g) violating any laws in any jurisdiction, including but not limited to any intellectual property laws.
4.4 Any act or omission which results in a failure to abide by the restrictions set out, as determined by Connected.Life.Stay in its sole discretion, will result in immediate termination of your account.
4.5 Connected.Life.Stay is not liable to you nor any third party for any breach of your obligations under these Terms of Service and for any consequences arising as a result of such breach, including any loss or damages which you or any third party may suffer.
4.6 Unauthorised use of the Application includes engaging personally or permitting a third party to engage in the following activities:
a. copying, adapting, modifying, publishing, republishing, distributing or redistributing this Application or the material on the Application without Connected.Life.Stay’s prior written consent;
b. using any automated data collection, data mining or data gathering methods of any kind in relation to the Application;
c. reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of the Application;
d. making and distributing copies of the Application or allowing such activity by third parties on your behalf;
e. creating derivative works of the Application of any kind.
5. PROTECTION OF PERSONAL INFORMATION
6. YOUR CONTENT
6.1 By posting or submitting any content including, but not limited to, text, photos, and videos to the Application (“Your Content”), you represent and warrant:
a) that you are the owner of the material, or
b) that the owner of the material has consented to your use thereof; or
c) where representing a company or organisation, you are duly authorised to provide such material.
6.2 Connected.Life.Stay reserves the right to pre-screen Your Content and in its sole discretion, and shall decide whether to publish, edit, distribute, refuse to publish and/or to remove any content that is provided by you on the Application. We reserve the right to remove Your Content if we believe that Your Content violates these Terms or may otherwise cause liability for us.
6.3 You retain ownership of all copyright and other intellectual property rights in and to Your Content. When submitting or posting Your Content, you grant to Connected.Life.Stay a royalty-free, perpetual, irrevocable, licensable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. “Use” means use, host, and store, modify, communicate, and publish. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us the right to identify you as the author of any of your postings or submissions, feedback or comments by name, username or e-mail address as we deem appropriate.
6.4 This licence shall end when your account is removed from the Application, but Your Content that was previously shared with other Users, will remain on the Application for as long as those accounts remain active on the Application.
6.5 Connected.Life.Stay will remove content or information provided by you if it becomes aware and determines that Your Content violates these Terms or may otherwise cause liability for us.
6.6 You agree to indemnify, defend and hold harmless Connected.Life.Stay, its subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal costs) that Connected.Life.Stay or third parties may incur as a result of or arising from:
a) your Content and any information you (or anyone accessing the Application using your password) submit, post or transmit through the Application,
b) your (or access to the Application as you) violation of these Terms or applicable law or regulation,
c) your (or anyone using your account’s) violation of any rights of any other person or entity (including, but not limited to, third party privacy rights),
d) any information or content we collect from third parties through the Application at your request, or
e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware or other similar harmful or deleterious programming routines input by you into the Application.
7. INTELLECTUAL PROPERTY
7.1. All content made available to you though the Application, including but not limited to text, graphics, logos, button icons, images, audio clips and digital downloads is owned by Connected.Life.Stay, unless otherwise expressly stated and is protected by South African and international law. Furthermore, the compilation of all content on the Site is the exclusive property of Connected.Life.Stay and is protected by South African and international copyright laws.
7.2. Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without prior written permission or the prior written permission of our applicable licensors.
7.3. You agree that if you breach the terms of this clause, Connected.Life.Stay will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. Connected.Life.Stay 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.
7.4. Nothing on the Application should be regarded as granting any licence or right to use any trademark without Connected.Life.Stay’s prior written permission and/or that of any third party.
7.5. Although Connected.Life.Stay undertakes to ensure the relevant security safeguards, it 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 from the Application.
7.6. If you believe that there has been an intellectual property breach or are aware of such a breach, please contact us as soon as possible so in order for the breach to be addressed.
8. LIMITATION OF LIABILITY
8.1 WHEN PERMITTED BY LAW, CONNECTED.LIFE.STAY, AND CONNECTED.LIFE.STAY’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
8.2 You agree to defend, indemnify and hold Connected.Life.Stay, its officers, directors, employees, agents, contractors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits; direct, indirect, incidental, special, consequential or punitive damages; and any reasonable legal fees, resulting from:
a) misuse of the Application, and/or
b) input errors or omissions by parents or guardians;
c) violation of any of the Terms;
d) viruses, bugs, software/program malfunctions, errors, failures, delays in computer transmissions or network connections.
8.3 If you are you are not happy with any portion of this Application, your sole and exclusive remedy is to discontinue use.
9. NO WARRANTIES
9.1 You expressly agree that use of the Application is at your own risk. You understand and agree that any material and/or information uploaded or downloaded or otherwise obtained, through the use of the Application, is done at your own risk and discretion. You will be solely responsible for any damage to your computer services or loss of data that results from the download of information.
9.2 The Application is provided on an “as is” and “as available” basis. Connected.Life.Stay makes no warranty that the Application will meet your requirements or that the service will be available and uninterrupted. Connected.Life.Stay does not make any warranties as to the results that may be obtained from the use of the Application or to the accuracy of the information and the reliability of the information obtained through the Application. Connected.Life.Stay does not warrant that defects on the Application will be corrected.
9.3 Connected.Life.Stay disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement.
9.4 Connected.Life.Stay makes all reasonable efforts to ensure that all material and information provided in relation to the Application is correct but cannot represent or guarantee the accuracy thereof. As such, Connected.Life.Stay and/or its partners, sponsors, affiliates or agents, make no warranties or representations as to the accuracy of the Application’s content, information, and materials which are provided to you, as is and as available.
9.5 Connected.Life.Stay makes no warranty regarding any dealings with or transactions entered into with any other parties through the Application. The entire risk as to satisfactory quality, performance, accuracy, effort and results to be obtained through the use of the Application is with you. No advice or information, whether oral or written, obtained by you from Connected.Life.Stay or through the services shall create any warranty not expressly made herein.
10. LINKS TO OTHER WEBSITES
10.2 Connected.Life.Stay will not be liable for any information, software, or links found at any other website, internet location, or source of information, or for your use of such information.
11. DOMICILIUM, JURISDICTION AND ARBITRATION
11.1 . In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Johannesburg, South Africa and each party hereby consents to the jurisdiction of the courts thereof.
11.2 Without any restriction on the your rights to pursue legal recourse in the forum of the your choice, you agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Johannesburg.
11.3 Connected.Life.Stay confirms the domicilium citandi et executandi for all purposes associated with the Application, transactions pertaining to the Application, including the giving of any notice, the payment of any sum, the serving of any process, as follows:
Address: 60 Maple Drive, Atholl, Sandton, 2196.
Postal address: P.O.Box 5559, Rivonia, 2128
Electronic mail address: firstname.lastname@example.org
Marked for the attention of: Nthati Mthembu
11.4 Connected.Life.Stay does not receive legal notice or accept the serving of documents attached to legal processes on Connected.Life.Stay by electronic mail.
11.5 The Application is controlled and offered by Connected.Life.Stay from its facilities in South Africa. Connected.Life.Stay makes no representations that the Website is suitable or available for use in other countries. If You are accessing or using this Website from other countries or jurisdictions, You do so at Your own risk and You are responsible for compliance with local law.
This Agreement shall apply to the fullest extent permissible by law. If any provision of the Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.
13. INFORMATION AND WEBSITE COMPLIANCE
The following table contains further information on Connected.Life.Stay and represents the information that must be provided by Connected.Life.Stay to you in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002. You are advised to regularly check this section of the Terms of Service for any amendments or updates.
|Full Name||Connected.Life.Stay (Pty) Limited|
|Legal Status||Private Company|
|Company Registration Number||2016/161744/07|
|Place of Registration||South Africa|
|Physical Address||60 Maple Drive, Atholl, Sandton, Gauteng, 2196|
|Postal Address||60 Maple Drive, Atholl, Sandton, Gauteng, 2196|
|Physical Address for receipt of legal documents||60 Maple Drive, Atholl, Sandton, Gauteng, 2196|
|Telephone Number||082 4477 484|
|Membership to self-regulatory and/or accreditation bodies||N/A|
|Description of products and/or services offered||App business\Transport\Gaming|
|Full price of products and/or services offered||N/A|
|Manner of payment for products and/or services offered||Can be accessed and downloaded from the Website www.connectedstay.co.za.|
|Manner and period within which consumers can access and maintain a full record of applicable transactions||Can be accessed and downloaded from the Website www.connectedstay.co.za.|
|Return, Exchange and Refund Policy||N/A|
|Alternative Dispute Resolution code to which Connected.Life.Stay subscribes||N/A|
|Codes of Conduct to which Connected.Life.Stay subscribes||N/A|
|Applicable terms of agreement, including any guarantees||N/A|