S2P TERMS AND CONDITIONS
APPLICATION OF THESE TERMS AND CONDITIONS
- These terms and conditions (“Terms”) apply to the School 2 Parent mobile application and website that is owned by, provided by or connected with School 2 Parent Proprietary Limited (Registration No. 2019/034234/07) (“S2P”) that may either be (i) installed or downloaded from an online application store and accessed via a mobile device (“Mobile Application”) or (ii) accessed at the internet website with the address school2parent.co.za (“Web Application”) and includes any content or services which are included in or accessible from the Mobile Application or Web Application. (The Mobile Application and Web Application will be collectively referred to as the “Service”).
- These Terms are binding on everyone who chooses to access or use the Service, or participate in any activity offered on the Service. By using this Service, the person accessing the Service and/or using the Service (the “User”) agrees to be bound by and shall be regarded to have accepted to abide by these Terms, and acknowledges to have read and understood them. If the User does not agree to any of the Terms, the User must not install, download or access the Service.
- The Service is a one-way communication system which allows schools to communicate messages, information and/or updates about a child’s performance, well-being and behaviour to the respective child’s parents and/or legal guardians (covering scholastic, emotional, social, physical and ethical categories). A User must register an account in accordance with S2P’s procedures in order to make use of this communication system.
- S2P reserves the right to and may occasionally make any changes to these Terms by uploading the amended Terms on the Service. If the User continues to use this Service, after the changes have been made, this action shall represent the User’s agreement to the updated Terms.
USE OF THE SERVICE
- The User shall not be entitled to use the Service for any other purpose than that mentioned in these Terms.
- The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Service’s contents without the prior written consent of S2P.
- S2P reserves the right to make any changes to the Service, its content and/or services at any time and without prior notice.
- The content published on the Service reflects the views of the relevant User or author and does not necessarily represent the official opinion of S2P unless otherwise stated.
- The Service may contain links to other websites. S2P has no control over such websites and does not review their content and will not be responsible for their content or accuracy. The User accesses such websites at the User’s own risk and judgment.
- Although every effort will be made to have this Service available at all times, the Service may become unavailable for reasons including (without limitation) maintenance or repairs, loss of connectivity or some other form of interruption. S2P does not warrant against nor will it be held liable for such downtime and the User indemnifies S2P against any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
- If the User commits any breach of these Terms or in any other way interacts with or uses the Service in an unlawful or unauthorised manner, S2P shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Service immediately, without prior notice, without any liability on S2P’s part and without prejudice to S2P’s rights in terms of these Terms or at law.
The processing of children’s personal information forms an integral part of the Service. The User intends using the Service in order to receive messages from the User’s child’s school. Accordingly, the User represents and warrants that the User is the relevant child’s lawful parent/guardian and that the User is legally entitled to receive information regarding the child. Further, the User hereby consents to S2P processing the child’s information for purposes relating to the Service.
USER REGISTRATION AND ACCESS
- The User acknowledges that the User shall be required to capture personal information upon registration in order to create an account with which the User can log in and use the Service.
- The User accepts full responsibility for all activities that occur under the User’s access details or password and accepts responsibility for sharing his or her User name and password.
- If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Service’s security systems, the User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Service with the User’s username and password. When the User’s username and password have been used in order to gain access to the Service, S2P shall be entitled to assume that such use and all related communications emanate from the User. S2P shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.
- In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to S2P with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. S2P may, in its sole and absolute discretion and for any reason whatsoever, require the User to change the User’s username and password at any time.
- Once the User has logged onto the Service, certain information, functionality and other features of the Service remain accessible upon subsequent access to the Service without the User having to re-enter the User’s If the User prefers to enter his or her password every time the User accesses the Service, the User can change the setting in the menu option.
- The User shall be allowed to utilise a “Reset password” and “Forgot password” function through either e-mail or SMS. The User acknowledges that the User’s access to the Service may be refused if information cannot be verified.
- The User agrees that S2P cannot be held responsible for charges incurred by the User in respect of accessing the Service or for any usage of the Service, including but not limited to data and text message
SERVICE ENHANCEMENTS AND SUPPORT
- Although the User may be granted access to the Service’s enhancements, upgrades, later releases or versions, the User shall have no general right thereto. These shall be made available in the sole and absolute discretion of S2P.
- The User agrees that the Service may automatically be enhanced or upgraded for the continued functionality of the Service or for any reasonable business purpose and the User consents to such enhancements and upgrades.
- S2P may notify the User when new enhancements and upgrades are ready to be installed from time to time and/or make such enhancements or upgrades available for download by the User.
- The User’s use of the enhancements or upgrades will be governed by these Terms unless the User is asked to agree to new or additional terms and conditions at the time of download or installation.
- The User shall have no general right to maintenance and support services in respect of the Service. S2P may, in its discretion, make such support available.
WARRANTIES AND INDEMNITY REGARDING THE SCHOOL COMMUNICATIONS
- The Service allows schools to communicate, post, upload, input or submit messages, content, information or other material in relation to the User’s child or children (“School Communications”). S2P makes no warranties or representations in respect of School Communications sent by use of the Service. S2P only offers a communications platform for Users to send and/or receive the School Communications. S2P shall have no liability of whatever nature in respect of School Communications.
- To the extent permitted by law, the User indemnifies and holds S2P, its officers, employees, agents and contractors harmless against all claims, liability, injury, losses, costs, expenses and penalties arising from or related to the School Communications distributed through the Service.
LIABILITIES REGARDING USE OF THE SERVICE
- The User makes use of this Service at their own risk.
- The Service and all information, content, materials and services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis. S2P makes no warranties or representations of any kind, express or implied, as to the operation of this Service or the available information, content, materials or services included on or otherwise made available to the User.
- Notwithstanding anything to the contrary contained in these Terms, S2P shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Service, whether caused by latent or patent defects, the use of and/or information contained on the Service or otherwise.
- The User assumes all responsibility and risk for the use of the Service. The User hereby indemnifies S2P and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by him or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Service and the use thereof by the User, and/or arising from the provisions of these Terms.
- S2P will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of S2P.
- These Terms do not intend to, nor shall they be interpreted to, limit the liability of S2P in any way which would be illegal for S2P to exclude or attempt to exclude or where such exclusion is prohibited by the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.
Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Service is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The User makes use of any such information at their own risk and in their own discretion and disclaims and indemnifies S2P from and against any and all liability and responsibility arising from any reliance placed on such information whether posted or by any other person visiting the site of the Service.
- The Service is owned by S2P and the User acknowledges that S2P and its licensors are the proprietors of any and all intellectual property subsisting in, pertaining to or used on the Service’s platform including, without limitation, patents, inventions, copyright, trade marks, goodwill and/or trade secrets (“Intellectual Property”) associated with, related to or appearing on the Service’s platform.
- The content of the Service, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
The User undertakes:
- not to use or register any trade mark(s), trade name(s) or other device(s) which are or incorporate marks which are the same as or confusingly similar to S2P’s trade mark(s) or which marks are likely to be related to any of S2P’s trade mark(s) or where such use would take unfair advantage of or be detrimental to the distinctive character or the reputation of any of S2P’s trade mark(s);
- not at any time to do or cause to be done any act or thing in any way impairing or tending to impair any part of S2P’s rights, title and interest in and to the Intellectual Property; and
- not in any way to make unauthorised use of the Intellectual Property or to represent that he has any rights of any nature in the Intellectual Property or any registrations thereof.
- Without limiting the generality of the provisions of clause 3, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Service and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
- S2P’s graphics, logos, page headers, button icons, scripts and service names are the trade marks or trade dress of S2P. S2P’s trade marks and trade dress may not be used in connection with any product or service that is not conducted by S2P or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits S2P. The User may not use any of the Intellectual Property without S2P’s prior written consent. All other trade marks not owned by S2P that appear on the Service’s platform are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us. The User may not use such trade marks without prior written consent from the relevant owners.
MALICIOUS SOFTWARE AND OFFENSES
The User warrants that:
- the User will not use the Service in any way that causes, or is likely to cause, the Service and access thereto, to be interrupted, damaged or impaired in any manner;
- no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Service or into S2P’s system which may cause any form of technological harm or any other form of harm in any manner or respect;
- the User will not attempt to gain unauthorised access to the Service’s system; and
- the User will not attempt to gain unauthorised access to the Service’s server, databases, computers or any other device associated with the Service and will not attack the Service’s system through a denial-of-service attack or a distributed denial-of-service attack.
- Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and S2P will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.
- Although S2P and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Service’s system, S2P does not warrant that the Service’s system is free of malicious content or viruses and S2P will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 1.2. which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Service or downloads received from the Service.
- The User warrants that he will not use the Service in any manner that will break any law enforceable in South Africa or cause any annoyance, unnecessary anxiety or inconvenience to any person.
SUSPENSION AND DEREGISTRATION
- S2P reserves the right to at any time suspend or terminate the Service or any activity on or access to the Service for any reason, including (without limitation) any misconduct or unlawful use of the Service by any User or for any reasons relating to any law, legislation or regulation.
- In the event that the Service, any activity or event on the Service or any person’s purchase of any of the services offered for sale on the Service is suspended or terminated, a person shall have no claim against S2P for whatever reason.
Each Party chooses the addresses set out opposite its name below as its addresses to which all notices and other communications must be delivered for the purposes of this Agreement and its domicilium citandi et executandi (“Domicilium”) at which all documents in legal proceedings in connection with this Agreement must be served:
- S2P: As per clause 14:
- The User: As per the address supplied by the User upon registering with the Service, failing which such address as provided by the User upon request by S2P.
- Any notice or communication required or permitted to be given to a Party pursuant to the provisions of this Agreement shall be valid and effective only if in writing and sent to a Party’s chosen address, provided that documents in legal proceedings in connection with this Agreement may only be served at a Party’s Domicilium.
- Any notice by e-mail to a Party at its e-mail address shall be deemed, unless the contrary is proved, to have been received on the first business day after the date of transmission.
- Notwithstanding anything to the contrary contained in this clause 12, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen address in terms of clause 1.
- These Terms will be governed by and construed in accordance with the laws of the Republic of South Africa.
- If at any time there is a failure by S2P to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.
- Any and all communications between the Parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.
DISCLOSURE OF INFORMATION
- Company: School 2 Parent Proprietary Limited
Registration number: 2019/034234/07
Physical address: 13 Grey Street, Aliwal North, Eastern Cape, 9750
Postal address: 13 Grey Street, Aliwal North, Eastern Cape, 9750
Telephone number: 079 749 3519
E-mail address: firstname.lastname@example.org
- S2P will receive service of documents in legal proceedings at the above physical address.
- Registration date: 30 January 2019
- Names of office bearers: Duston Rossouw and Gideon Carl Engelbrecht