TERMS OF USE FOR THE WEBSITE AND APPLICATION
TERMS OF USE
Introduction
Welcome to www.linkapp.co.za or the mobile application that is owned and operated by Organisation Undoing Tax Abuse, (hereafter “OUTA”), a non-profit company, duly incorporated in terms of the law of the Republic of South Africa (“OUTA”, “we” or “us”). This page explains the terms by which the user (“you, your or yourself”) may use our website and service.
Acceptance of Terms
These terms and conditions become effective when you access the website and constitute a binding agreement between us and yourself, which will always prevail. The current version of these conditions will govern our respective rights and obligations each time you access this website.
The service is comprised of a free service accessible by all users. By accessing or using the Linkapp service, website, applications, software provided in connection with the service (“Service”), you signify that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with any provision contained in these Terms of Use, please do not use this website or application.
Use of the Website or Application
By accessing the website or Application, you warrant and represent that your use of the website or application is for lawful purposes and that you are over 18 years of age and can legally conclude a binding agreement with us. You further warrant that you will not contravene any South African or International laws by using the website or application, the Service or any information provided to you by us through your use of the website or application.
Except as expressly authorised by these terms, you may not use, alter, copy, distribute, or transmit the content of this website or application.
Use of Information
OUTA conducts its business in accordance with South African legislation affecting its business and operations. We value the privacy of your information and will protect your personal information in accordance with all relevant laws and regulations as set out in our Privacy Policy. This includes the Protection of Personal Information Act no 4 of 2013 (POPIA) and Regulations (2018).
By accepting these terms and conditions, you expressly acknowledge, agree and consent to us, our associates and our suppliers using your confidential personal information (including but not limited to, names, addresses, identifying numbers, contact details, photos and images) in order to provide the Service.
Amendment of Terms and Conditions
We reserve the right, in our sole discretion, to amend these terms and conditions at any time and without notice. Any such amendments will come into effect immediately and automatically. If we do this, we will post the amended terms and conditions on this page and indicate at the bottom of the page the date the terms and conditions were last revised. You agree to review these terms and conditions whenever you visit the website or for any such amendments.
If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
Content of Users
There are certain areas of the Service that may allow Users to add questions, data, and other information (“User Content”). You are solely responsible for your User Content that you upload, display, or otherwise make available (hereinafter, “add”) on the Service, and you agree that we are only a reporting service for the online sharing, distribution and publication of your User Content. OUTA will not review or reference any such User Content as provided herein except as provided in our Privacy Policy or as may be required by law. All User Content is owned by the User who adds it to the Service. OUTA does not have, nor does it claim, any ownership rights in any User Content.
You agree not to add any User Content that (a) contains any information or content that is not legally permitted; (b) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (c) contains any information or content that you know is not correct and accurate. You agree that any User Content that you add does not and will not violate any third-party rights of any kind.
Copyright and Intellectual Property Rights
For the purposes of these terms and conditions, “Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction.
Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, copyrights and photographs (the “OUTA Content”), and all Intellectual Property Rights related thereto, are the exclusive property of OUTA.
Except as explicitly provided herein, nothing in these terms and conditions shall be deemed to create a license in or under any such Intellectual Property Rights and you agree that you will not yourself, or through any parent, subsidiary, affiliate, agent or other third party: (a) modify, port, translate, localize or create derivative works of the Service or any documentation relating to the provision of the Service; (b) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Service by any means whatsoever, or disclose any of the foregoing; (c) sell, lease, license, sublicense, copy, market, reproduce, transmit or distribute the Services without the express written consent of OUTA; (d) encumber or suffer to exist any lien or security interest on any of the Service; and (e) knowingly take any action that would cause the Service to be placed in the public domain. Use of the OUTA Content or materials on the Service for any purpose not expressly permitted by these terms and conditions is strictly prohibited.
You understand and acknowledge that you may be exposed to User Content that is inaccurate and you agree that OUTA will not be liable for any damages you allege to incur as a result of such User Content.
Disclaimer of Warranties and Liabilities
OUTA does not make any warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website or application and the Service and the website or application and Service made available via the website or application are provided “as is” does not make any warranty or representation that information and the Service advertised on the website or application are appropriate for use in any jurisdiction.
Use of this site, the content and the Service are at your own risk. OUTA does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of the site, the content or the Service.
OUTA does not assume any responsibility for any errors, omissions or inaccuracies in the site, the content or the Service.
Neither OUTA nor its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website or application and/or any information contained on or received via the website or application, your use of the Service and/or your reliance on any information offered via the website or application and Service.
Without limiting the generality of the aforegoing, neither OUTA nor its directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the website or application for any reason whatever and/or the failure/delay by any third party service provider to render any service/s which are necessary to ensure the availability of the website or application.
You hereby indemnify OUTA and its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.
Indemnity
You agree to defend, indemnify and hold harmless OUTA, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the website, application and/or the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that the User Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of this Terms of Use and your use of the Service and the website and application.
External Links
External links may be provided for your convenience, but OUTA makes no representations whatsoever about any other website or their content. Use or reliance on any external links provided is at your own risk. It is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third party websites. We have no control over such third party websites and will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites.
Crawlers and Spiders
No person, business or website may use any technology to search and/or gain information from our website or application without our prior written permission.
Governing Law
This Agreement and all matters or disputes arising from or incidental hereto shall be governed and construed in accordance with the laws of the Republic of South Africa and you hereby submit to the exclusive jurisdiction of the South African courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Consumer Protection
Information Required Pursuant to section 43(1) of the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”) is as follows:
Chief Executive Officer: Mr Wayne Duvenage
Building 4, Boskruin Village Office Park
Cnr President Fouche & Hawken Road
Bromhof, 2188
Email: wayne@outa.co.za
Tel: 087 170 0639
Web: www.outa.co.za
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