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BLOW THE WHISTLE IS AN ANTI-RAPE INITIATIVE

Terms & Conditions

Please read the following terms and conditions of use (“TERMS”) carefully before using the Application (as defined below). These terms constitute a legal agreement between you and the Blow The Whistle with address_5 Autumn Road, Rivonia ,Johannesburg, South Africa_(“Licensor”) under sub-licence from Legacy Lifestyle, registration number 2000/029614/01 as developed by “Fuzzy Logic” . (“Primary Licensor”)

“You” and “Your” mean any user of Licensor’s Application.

“Act” means the South African Protection of Personal Information Act, when promulgated.

“Application” means the Application programs provided by Licensor in connection with these Terms and for specific use with any mobile device including but not limited to the Apple iPhone, Apple iPad, Blackberry and mobile devices based on Android or Windows Mobile operating systems, including bug fixes, updates, upgrades, modifications, enhancements, supplements to, revisions, new releases and new versions of such software programs.

Accepting These Terms

By downloading the Application you are accepting these Terms. If you do not or cannot agree to these Terms, You are not permitted to download and use the Application. Do not download or use the Application in that case.
You accept and agree to the terms of these Terms on Your own behalf and/or on behalf of your licensor, organization or educational institution as its authorized legal representative, by downloading or using the Application in any way whatsoever.

User License

You have been granted access to the Application in order to download and Licensor grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access, download, install, or otherwise benefit from using the functionality of the Application.
Except as otherwise set forth in these Terms, You agree not to rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense the Application, in whole or in part, or to enable others to do so. You may not use the Application provided hereunder for any purpose not expressly permitted by these Terms.
You may not and You agree not to, or to enable others to, copy (except as expressly permitted under these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative work of the Application or otherwise provided hereunder, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable mandatory law).
These Terms do not grant you any rights to use any trademarks, logos or service marks belonging to Licensor without the Licensor’s prior written consent.
In order to access The Application you will need to register online for an account with The Licensor.

You agree to

  1. provide accurate, truthful, current and complete information when creating Your Account;
  2. maintain and promptly update Your Account;
  3. maintain the security of Your Account by not sharing your access to The Application with others and restricting access to Your Account and your computer or mobile device;
  4. promptly notify The Licensor if you discover or otherwise suspect any security breaches related to The Application; and
  5. take responsibility for all activities that occur under Your Account and accept all risks of unauthorized access.

You agree that when using the Application you will comply with all applicable laws and these Terms. In particular, but without limitation, you agree not to:

  1. Use the Application in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
  2. Attempt to gain unauthorised access to the Application or any networks, servers or computer systems connected to the Application; or
  3. Modify, adapt, translate or reverse engineer any part of the Application or re-format or frame any portion of the pages comprising the Application, save to the extent expressly permitted by these Terms or by law.
  4. You agree to indemnify the Licensor in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Application otherwise than in accordance with these terms or applicable laws.

The Licensor reserves the right to suspend or cease providing any services relating to the Application, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

Ownership

Licensor retains all rights, title, and interest in and to the Application and any Updates it may make available to you under these Terms. You agree to cooperate with Licensor to maintain Licensor’s ownership of the Application, and, to the extent that You become aware of any claims relating to the Application, You agree to use reasonable efforts to promptly provide notice of any such claims to Licensor.

Updates

Licensor may extend, enhance, or otherwise modify the Application provided hereunder at any time without notice, but Licensor shall not be obligated to provide You with any updates to the Application. If updates are made available by Licensor, these Terms will govern such updates, unless the update is accompanied by a separate license in which case the terms of that license will govern. Licensor is not obligated to provide any maintenance, technical or other support for the Application.

Your General Obligations

You certify to Licensor and agree that: (a) You are of the legal age in the jurisdiction in which You reside (at least 18 years of age in many countries) or have permission from your Legal Guardian and have the right and authority to enter into these Terms on Your own behalf, or if You are entering into these Terms on behalf of Your licensor, organization or educational institution, that You have the right and authority to legally bind Your licensor, organization or educational institution to the terms and obligations of these Terms; and (b) You will only use the Application for the purposes and in the manner expressly permitted by these Terms in accordance with all applicable laws and regulations and will not use the Application for any unlawful or illegal activity.

Personal Data

In order to download and use the Application you will have to provide certain personal data, such as name, e-mail address and telephone number to the Licensor. By using the Application You will also provide the Licensor with Your GPS position. This personal data will mainly be used for the Application to work expediently. The Licensor may also use the personal data to notify You about upcoming versions of the Application. Under some circumstances personal data might be transferred to a third country. The personal data will be stored by the Licensor for a reasonable time.
The personal data is necessary for the Application to work expediently. Consequently, if You request the Licensor to block or erase personal data You accept that You may not be able to use the Application as intended.
By accepting these Terms, You accept the Licensors storage and usage of your personal data in accordance with what is said in these Terms.

Contact

From time to time, we may want to contact you with information about product announcements, software updates and special offers. We also may want to contact you with information about products and services from our business partners. You may opt out of such communications at any time by clicking the “unsubscribe” link found within the email updates or by sending us a mail to whistle@whistle.co.za.

The Licensor accepts no responsibility for adverts contained within the Application. If you agree to purchase goods and/or services from any third party who advertises in the Application, you do so at your own risk. The advertiser, not The Licensor, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

No Warranty

You expressly acknowledge and agree that use of the application is at your sole risk and that the entire risk as to any result generated by the application, function, correct basis for calculation, satisfactory quality, performance and accuracy is with you. The application is provided “as is” and “as available”, with all faults and without warranty of any kind, and licensor hereby disclaims all warranties and conditions with respect to the application either express, implied or statutory, including without limitation the implied warranties and conditions of merchantability, satisfactory quality, fitness or use for a particular purpose, accuracy, and no infringement of third party rights. Licensor does not warrant that the application will be corrected, or that any information stored or transmitted through the application will not be lost, corrupted or damaged. Any calculations or results generated by the application is for basic indication purposes only and is not intended to be relied upon in any way whatsoever.

The application in no way guarantees the safety of the user and is not intended to replace or substitute for any other means of securing your person and property.

The licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the application. The licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. The licensor further expressly disclaims any warranty or representation to authorized users or to any third party.

Limitation of liability

To the extent not prohibited by law, in no event will licensor be liable for death, personal injury, or any losses whatsoever, including but not limited to any incidental, consequential, direct or indirect damages, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to these terms, your use or inability to use the application, however caused, whether under a theory of contract, warranty, tort/delict (including negligence), products liability, or otherwise (“losses”), even if licensor has been advised of the possibility of such losses.

If the licensor is liable to you directly or indirectly in relation to the application, that liability (howsoever arising) shall be limited to: (a) R100 or (b) the sums paid by you upon purchasing the application, or any in-application spend, including subscriptions,  whichever is greater.

Indemnification

To the extent permitted by law, you and your estate agree to indemnify, defend and hold harmless licensor, its directors, officers, employees, independent contractors and agents and the primary licensor (“licensor indemnities”) from any and all claims or losses incurred by licensor indemnities as a result of: your breach of these terms; a breach of any certification, covenant, representation or warranty made by you in these terms; any claims that your use of the application (whether alone or as an essential part of a combination), violate or infringe any third party intellectual property or proprietary rights; and/or otherwise related to or arising from your use of the application. You acknowledge that the application is not intended for use in which errors or inaccuracies in the resulting content, data or information provided by the application or the failure of the application, could lead to death, personal injury, or severe physical or environmental damage, and, to the extent permitted by law, you hereby agree to indemnify, defend and hold harmless each licensor indemnities from any losses incurred by such licensor indemnities by reason of any such use. In no event may you enter into any settlement or like agreement with a third party that affects licensor’s rights or binds licensor in any way, without the prior written consent of licensor.

Copyright

All title, including but not limited to copyrights, in and to The Application and any copies thereof are owned by The Licensor or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of The Application is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by The Licensor or its agents.

Licensor

Licensor 7. Messaging & Notifications

  1. Your receipt of the application notifications is dependent on factors beyond our control, such as your network’s coverage or availability, your internet service provider’s availability your mobile devices availability, or your e-mail inbox’s capacity. The licensor explicitly disclaims any liability for any loss or damages you may suffer from you not receiving the application notifications.
  2. You are responsible for ensuring that no unauthorised persons gain access to your account, the application notifications destined for you, or the application rewards due to you, once you have activated your account.
  3. The licensor is not responsible if the application notifications are sent to an incorrect mobile device or e-mail address
  4. (d) The licensor is not responsible if the application notifications are delayed as a result of latency caused by mobile networks or connectivity faults

 

Changes and Whole Agreement


These Terms (as amended from time to time) constitute the entire agreement between you and The Licensor concerning your use of the Application.
The Licensor reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of The Application. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") are available through a link in the Application to this page and will be effective immediately and incorporated into this Agreement. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the Application.  No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of The Licensor. All Additional Terms are hereby incorporated into this Agreement by this reference.

Governing Law and Jurisdiction.

The laws of South Africa, excluding its conflicts of law rules, govern these Terms of Service and your use of The Application. Your use of The Application may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with The Licensor or relating in any way to your use of the Application resides in the courts of South Africa.
 

 

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