TERMS & CONDITIONS

1. INTRODUCTION

These terms of use ("Agreement") govern your rights of use of the Southern Africa Broadcasting Association (SABA) App. This agreement was last updated on 20 September 2017.

2. INTERPRETATION

• “User”: a person who uses and/or access computer Software and/or material via the SABA App; and who has an associated user account. Also referred to as “you” or “your/s”.
• “Software”: Including but not limited to any images or files incorporated in or generated by the software or data accompanying such software;
• “Material”: Including but not limited to: text, submissions, images, audio and/or video in whole or in part;
• “SABA” refers to Southern Africa Broadcasting Association or may be referred to as “us”, “we” or “our”;
• “Content”: Included but not limited to software and material; and all text, photos, audio, video and other content generated or consumed within the App.
• ”SABA app” means the mobile application known as SABA that is available by the provider through the Google Play Store and the Apple App Store and any other app stores;
• “Submissions”: Including but not limited to notes, images, creative materials, ideas, suggestions concepts, communication including any data, questions, comments and other information submitted in the SABA app via transmission by electronic mail or otherwise;
• “Forums”: Including but not limited to bulletin boards, chatrooms and other public areas found on the SABA App;
• “Use”: any use of the SABA App, including but not limited to posting content on the SABA App;
• “Data" means any data, including personal information as defined in the Protection of Personal Information Act 2013 and any other applicable legislation in the jurisdiction where the Services are to be provided, irrespective of the media or form, and specifically includes all data provided by you to us, which are processed and/or stored by us.
• "Personal Information" has the meaning given to it in the Protection of Personal Information Act 2013;
• In this agreement unless it appears to the contrary, the singular shall include the plural and vice versa, any reference to any gender shall also include the opposite gender and any reference to a natural person, shall include legal person and vice versa.

3. DISCLAIMER

• Unless otherwise expressly agreed by us in writing, the services (including the App) are provided "as-is", without any warranty of any kind, whether express, implied, statutory or otherwise, and we specifically disclaim all implied warranties, including any warranties of merchantability, fitness for a purpose, title, security, compatibility and noninfringement, to the maximum extent permitted by law. we do not warrant the comprehensiveness, correctness, or accuracy of the services or that the services will be uninterrupted, current or error free. you assume all responsibility and risk for your use of the services.
• The user expressly agrees that the use of the SABA App is at the user’s sole risk. SABA does not guarantee or warrant;

3.2.1. that the SABA App will be uninterrupted;

3.2.2. that the SABA App will be default free and that the defects will be corrected;

3.2.3. that the results that may be obtained from the use or application from information gained from the SABA App in so far as accuracy and content of any such information is concerned;

3.2.4. any merchandise provided through the SABA App.

4. INDEMNITIES

• You release us against any claim, demand, suit or proceeding made or brought against us by a third party arising from or based on your breach of your responsibilities under this agreement and/or a dispute with a user or against any claim which arises out of the actions of third party suppliers and/or associations over which we have no reasonable control (a "claim against us"), and shall indemnify us for any damages, attorney fees and costs finally awarded against us as a result of, or for any amounts paid by us under a court-approved settlement of, a claim against us; provided that we (a) promptly give you written notice of the claim against us, (b) give you sole control of the defense and settlement of the claim against us (provided that you may not settle or defend any claim against us unless you unconditionally release us of all liability), and (c) provide to you all reasonable assistance, at your expense.
• The user acknowledges and confirms SABA indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use the SABA App. The user acknowledges that the provisions of this paragraph shall apply to all the contents of the SABA App.

5. LIMITATION OF LIABILITY

• In no event shall we have any liability to you for any loss of profits or revenues or for any special, incidental or consequential damages howsoever caused, whether in contract, delict or under any other theory of liability arising out of or in connection with this agreement, our software or the services. this clause does not exclude loss suffered due to our gross negligence.
• The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of use of data or of profits, whether in breach of contract, tortious action, negligence, or under any other cause of action.
• If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

6. TRADE MARK / COPYRIGHTS AND RESTRICTIONS ON USE

• The App consists of content which is derived entirely or in part from content supplied by SABA and other sources. The said content is protected under applicable South African Copyright and Trade Mark Laws, International Trade Marks and Copyright Laws and conventions. 
• The user, with the inclusion of but not the limitation of, may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the content, that being software and/or material. Except in so far that the user may download one copy of the content on any single computer for the user’s personal, non-commercial home use only. Provided that all propriety notices and restrictions attached onto the content are kept intact, unless expressly permitted by the App, or unless prior written consent from SABA has been obtained.
• The user is also strictly prohibited from creating works, and/or software materials derived from or which are based on the content found on this App. The prohibition applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever.

7. ACCESS AND AVAILABILITY OF SERVICE AND LINKS

• The SABA App contains links to other related world wide web Internet apps. No inference can be made or representation implied that SABA is connected with, operates or controls these linked web apps. Whether or not these linked apps are in fact affiliated with SABA, SABA is not responsible for the content on the aforesaid app. The linked apps are for the user’s convenience only and the user access to thereto is at the users own risk. 
• When visiting linked apps, the user must refer to that linked apps’ individual terms of use and cannot not rely on the terms of this agreement. 

8. SUBMISSIONS / BULLETIN BOARDS

• Any submissions, shall be deemed to be and remain the exclusive property of SABA. The various forums content, which are found on the SABA App, shall be deemed to remain the exclusive property of SABA. 
• SABA has the right, but not the obligation to monitor and review submissions submitted by users, in the forums. SABA shall not be responsible for any of the content of these messages. SABA further reserves the right, to delete, move or edit submissions that SABA, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trademark laws or otherwise objectionable. 
• SABA can terminate or suspend your account or otherwise refuse service to you, if you breach this Agreement, infringe IP repeatedly or otherwise engage in behaviour that in our opinion harms another user.

9. RULES OF CONDUCT FOR THE USER

• The user must submit accurate registration information;
• The user with the inclusion of but not the limitation of, agrees that they will not transmit submissions to the SABA App that;
  • Use any of the forums for illegal purposes; 
  • Are for purpose of spamming;
  • Restrict or inhibit any other user from using and enjoying the forums;
  • Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law;
  • Violate the Copyright, Trademark or other Intellectual property rights of any other person by the submission of the content to the SABA app through the forums or other avenues, which allow for such submissions. The user by the transmission of content in any manner whatsoever, represents to SABA that they are the rightful owner of such content transmitted or that the user has obtained permission from the rightful owners to submit such content transmitted;
  • Contain viruses or other harmful content;
  • Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations. The user agrees that all submissions become the exclusive property of SABA. The user agrees that they shall be solely liable for any damage resulting from any infringement of Copyrights, Trademarks and other proprietary rights or any other damages resulting from such a submission. The user further indemnifies and holds the SABA harmless against all claims for any damages whatsoever arising from the use of the SABA App.
• The user will not post anyone's identification documents or sensitive financial information on the SABA App.

10. VERIFICATION OF DATA

• SABA are not required to and do not check or verify Data provided and will not be responsible for any incorrect or inaccurate Data provided. SABA will not be liable for any errors, omissions, loss, deletion, theft, destruction or unauthorised access or alteration relating to Data provided.

11. PRIVACY

• SABA is committed to protecting your privacy. This clause explains our data processing practices.
• Data collected:
  • SABA collects the details provided by you on registration together with Data we learn about you from your Use of our Services.
• Use of Data and your preferences:
  • We will use your Data to provide and personalise our Services.
  • We will also use your Personal Information to communicate with you.
  • We may use your Data for advertising/marketing purposes,
• Disclosures of your Personal Information:
  • Byproviding any Data to SABA, you consent to such Data being made available to Third Party Suppliers in order for the Third-Party Suppliers to process and/or store the Data on our behalf. 
  • Your use of the SABA App is deemed to include your specific consent to use and disclose information in aggregate (so that no individual customers are identified) for advertising, marketing and strategic development purposes.
  • SABA and its commercial partners may use your personal data to serve relevant advertising to you in the App.
  • By using the SABA App and by submitting your personal details, you consent to this transfer and to receive marketing material from our affiliates/commercial partners in the app.

12. GENERAL

• This agreement, the terms, conditions and operating rules for the SABA App, constitute the entire agreement between the parties with respect to the subject matter hereof. The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa. Any dispute arising here from shall be exclusively subject to the jurisdiction of the courts and/or Tribunals of the Republic of South Africa. The section headings used herein are for convenience only and shall be of no legal consequence.
• SABA may at any time revise these terms and conditions by updating the postings. The user is bound by such revisions and should therefore periodically visit this agreement to review the then current terms and conditions to which the user is bound.
• SABA shall have the exclusive right to at any time change or discontinue any aspect or feature of the SABA App.
• Data and messaging rates may apply for downloading and accessing the SABA App features and content. By downloading this mobile application, you represent that you are a SABA registered user and also the account holder for the device or have the account holder’s permission to download the App. You shall be responsible for obtaining and maintaining all smartphone and other equipment needed for access to and use of the Services and all charges related thereto.
• You undertake, represent and warrant that you have the requisite legal capacity and competency to enter into this Agreement

13. AGREEMENT TO AND TERMINATION OF AGREEMENT

• The use of or access to this App constitutes the user’s acceptance of terms and conditions hereof, which are binding on the user and take effect on a date which the user first makes use of, or has access to the SABA App.
• If the user does not accept all the terms and conditions in full, the user must exit the App immediately. SABA has the exclusive discretion to terminate the agreement at any time.
• After the user has exited the App as aforesaid, the user must destroy all content, whether materials or software, obtained from the App and all copies thereof.
• In the event of the user failing to exit the App as aforesaid SABA has the right to claim any indirect, direct, incidental, special or punitive damages caused to the SABA from the users unauthorized access and/or use of the SABA app. The user further indemnifies the SABA against any claims for damages of whatsoever nature caused to another party by the users unauthorized use and/or access of the App.