Bird Seed - Terms and Conditions of Use  

1. Introduction

   1. Earlybird is a social enterprise which is building a network of high-quality Early Childhood Care and Education (‘educare’) centres across South Africa.

2. Definitions

1. “Bird Seed” means the Android-based application that provides daily activity guides for early childhood education practitioners. 

2. “Application content” includes any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated

3. “Terms and Conditions of Use” means this agreement.

4. “User” means any natural person (including where such a natural person is acting is his/her capacity as the representative of a company, close corporation, trust or partnership) accessing, registering for or otherwise making use of any part of the application.

3. Use of the Application

1. Use of the application constitutes acceptance of these Terms and Conditions of Use which hereinafter constitute a binding agreement between ChildSteps and the User.

4.  Privacy and data retention

1. Bird Seed respects User privacy and will take all reasonable measures to protect the User’s personal information by observing industry best practice and by acting in accordance with all applicable laws.

2. Portions of the application may only be available to Users following registration, which requires provision of the following information:

1. full name and surname;

2. email address;

3. Bird Seed will not disclose a User’s personal information to any third-party other than as set out below:

1. to its employees and/or third party service providers who require a User’s personal information in order to properly and efficiently provide the services offered by the application;

2. to law enforcement, government officials, fraud detection agencies or other third parties when Bird Seed believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support an investigation into suspected illegal activity, or to investigate violations of this agreement;

4. Bird Seed will not retain a User’s personal information for longer than is needed for use of the application, unless required to do so by law, or unless the User consents to such retention.

5. Bird Seed collects data in order to recognise repeat users, facilitate the ongoing access to and use of the application and and allow the application to track usage behaviour and compile aggregate data that will allow Bird Seed to improve the functionality of the application.

5. Disclaimer and indemnity

1. Whilst Bird Seed takes all reasonable measures to ensure the accuracy of the information provided by the application, all information including text, images, links, downloads and coding, is provided to the User "as is" and "as available". Bird Seed furthermore makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the application or the information contained in it to the User.

2. Bird Seed has no control over third-party content and features which may be accessed through the application and does not examine or edit such content and features or act as an agent for third-parties accessible through the application. Accordingly, Bird Seed disclaims any liability for loss or damage arising from the use of third-party websites, contents or features.

3. The User hereby unconditionally indemnifies Bird Seed and agrees to hold it free from all loss, damages, claims and/or costs of whatsoever nature, suffered or incurred by Bird Seed or instituted against Bird Seed as a direct or indirect result of the User’s:

1. use of the application;

2. failure to comply with any provisions of this agreement, or any other requirements which Bird Seed may impose from time to time; and,

3. any unavailability or interruption to access of the application.

4. The User specifically indemnifies Bird Seed against any and all indirect and/or consequential loss.

6. Termination and availability

1. Bird Seed will, to the greatest extent possible, endeavour to maintain the availability of the application, except during scheduled maintenance periods, but is entitled to discontinue access to the application or any part thereof without notice to the User.

2. Bird Seed may in its sole discretion terminate, suspend, amend and/or modify the application.

3. Failure to comply with this agreement may result in suspension and/or termination of the User’s access to the application, without any prejudice to any claims for damages or otherwise that Bird Seed may have against the User.

7. Security

1. Whilst Bird Seed takes all reasonable measures to ensure the security of the application, the User hereby indemnifies Bird Seed against any and all loss arising from damage caused either by the malicious use of the application or by destructive data or code that is passed on to the User through the use of the Website.

2. The following acts in connection with the application are expressly prohibited:

1. gaining or attempting to gain unauthorised access to any part of the application;

2. delivering or attempting to deliver any unauthorised or malicious code or content to the application;

3. any amendment to or attempt to amend any of the content or any other part of the application by unauthorised persons; and,

4. any other unlawful interference with the proper operation of the application.

8. Ownership and copyright

1. The contents of the application, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the application. “Application Content” are protected by law, including but not limited to copyright and trade mark law. The Application Content is the property of Earlybird Educare@Work, its affiliates, advertisers and/or sponsors and/or is licensed to Bird Seed.

2. Users do not acquire any right, title or interest in or to the application or the Application Content by virtue of their use of the application.

3. Any use, distribution or reproduction of the Application Content is prohibited unless expressly authorised in terms of this agreement or otherwise provided for in law.

4. Where any of the Application Content has been licensed to Bird Seed or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third-party imposes from time to time and you agree to comply with such third party terms and conditions.

9. Applicable law and jurisdiction

1. This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with South African law, by a South African Court having jurisdiction.

10. Ownership information and required disclosures under section 43 of the ECT Act

Application owner: The Reach Trust

Registration Number: IT1612/2013

Phone: +27 (0)87 094 6132

E-mail: birdseed@thereachtrust.org or info@thereachtrust.org 

Website: https://www.thereachtrust.org 

Physical Address: Good Hope Building, Plein Street, Stellenbosch, 7600

Postal Address: PO Box 12302, Die Boord, Stellenbosch, 7600

Public Benefit Number (Tax Exempt): 930-048-112

1. General

1. This agreement contains the record of the entire agreement between the User and Bird Seed as regards use of the application.

2. Users may not cede, assign or otherwise transfer any rights they may have under this agreement or which may otherwise have been obtained through the use of the application.

3. Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable.

4. No party to this agreement shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein.

5. No indulgence which any party (“the grantor”) may grant to the other (“the grantee”) shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.

6. No amendment or consensual cancellation of this agreement or any provision or term thereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement shall be binding unless recorded in a written document signed by a duly authorised representative from both Parties.

7. No extension of time or waiver or relaxation of any of the provisions or terms of this agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppel against either Party hereto in respect of its right under this agreement, nor shall it operate so as to preclude either of the Parties thereafter from exercising its rights strictly in accordance with this agreement.

8. Any provision of this agreement which by its context is intended to apply after termination of this agreement shall survive its termination.