YOU FM APPS Terms and conditions of use
Please read these Terms and Conditions of Use carefully before using the App.
In these Terms and Conditions of Use, the terms below have the following meanings:
1.1. “YOU FM Apps” means any online application software that is provided by or is connected with YOU FM that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.
1.2. “App” means collectively our YOU FM Apps.
1.3. “we”, “us”, “our” and “YOU FM” means all its affiliates and subsidiaries and any developers that YOU FM may employ from time to time.
1.4. “you” and “your” means the user of the App and / or your legal guardian.
1.5. “Personal information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:
1.5.1. information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
1.5.2. information relating to the education or the medical, financial, criminal or employment history of the person;
1.5.3. any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
1.5.4. the biometric information of the person;
1.5.5. the personal opinions, views or preferences of the person;
1.5.6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
1.5.7. the views or opinions of another individual about the person; and
1.5.8. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
provided that such information is not in the public domain in the same or in a different format or held by a public body and publicly accessible.
2. Conditions of Access
2.2. To avoid any confusion, you agree these Terms and Conditions of Use applies to your use of:
2.2.1. any of our mobile application/s;
2.2.2. any mobile application/s licensed to us;
Regardless of the platform, gateway, portal or mode of access you use to install, download or access the App. Your cell phone provider may, depending on the type of contract you have, charge you for accessing the App or for any usage of the App (such as data charges, SMS charges). We cannot be held responsible for these charges.
3. Your Acceptance and Consent
3.1. By using the App, you expressly agree to the terms and conditions of these Terms and Conditions of Use. If you do not agree to all of the Terms and Conditions of Use, please do not continue to use the App.
3.2. When you install or download our mobile application/s, you may be required to accept the Terms and Conditions of Use or the End User Licence Agreement (collectively, an “EULA”) of a third-party supplier or vendor. While the EULA is independent from these Terms and Conditions and establishes a separate legal relationship which you are bound by, you agree that, the EULA is part of these Terms and Conditions of Use and will apply to your use of our mobile application/s.
3.3. You agree that these Terms and Conditions of Use applies to any information accessed via the App, and to all sections of the App.
3.4. If you download or use our App, you give us permission to download and install updates to the software where available.
4. Your account
4.1. If you use the App, you must keep your access details (including your username and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your username and password.
4.2. You are only permitted to use one account. If you use more than one account, we could delete all access.
4.3. Once you’ve logged onto the App once, certain information, functionality and other features of the App will be accessible the next time you access the App without having to re-enter your password.
4.4. We may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.
4.5. You agree that the following actions shall be material breaches of these Terms and Conditions of Use:
4.5.1. signing in as, or pretending to be, another person;
4.5.2. transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others
4.5.3. using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the App; or
4.5.4. gathering information about others without obtaining their prior written consent.
4.6. If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
4.7. You also agree that any use of your access details shall be regarded as if you were the person using such information.
4.8. We may determine certain requirements that you will need to meet when choosing a username or password. These requirements may be changed from time to time and you may be required to update your credentials.
5. Full disclosure of all relevant facts and benefit entitlement
5.1. We might need certain personal information from you. It is in your best interest to keep this information current and accurate.
5.2. You guarantee that all information provided by you at any time to us on or via the App, will be true, accurate, current and correct and you undertake to update the information as and when required.
5.3. You guarantee that you have fully disclosed all facts, and agree that these Terms and Conditions of Use or any transactions related to these Terms and Conditions of Use will be void if you do not meet this requirement.
6. Electronic communication and records
6.1. When you visit the App or send emails to us, you accept that we can communicate with you electronically. All records that you send to us may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.
6.2. Any electronic communication (for example, an email, app message, instant message or SMS) sent to you will be regarded to have been received by you upon being sent by us. This includes, but is not limited to mobile push notifications.
6.3. If you are a registered user of the App, you may receive communications from us via email. If you do not want to receive emails from us, you can email us at the information provided at the end of these Terms and Conditions of Use.
6.4. We take reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.
6.5. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically meet any legal requirement that the communications be in writing.
7. Services and products
7.1. We don’t charge you to use the products and services covered by these Terms. Instead, businesses and organizations pay us to show you ads for their products and services. By using our Products, you agree that we can show you ads that we think will be relevant to you and your interests. We may use your personal information to help determine which ads to show you.
7.2. We don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission.
7.3. Advertisers may tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested.
7.4. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. For example, we provide general demographic and interest information to advertisers to help them better understand their audience. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission.
8.1. All content made available on the App (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to us, unless we expressly state that it is not and is protected by South African and international law. In addition, the compilation of all content on the App is the exclusive property of us and is protected by South African and international copyright laws.
8.2. Except if permitted under this or another agreement with us no portion of the App may be copied or transmitted via any means available now or in the future.
8.3. Any unauthorised use, alteration or dissemination of the information or content on the App is prohibited.
8.4. You agree that if you breach the terms of this clause 8, we will have the right to claim damages against you, which will include the right to claim special, incidental, consequential, or indirect damages. We will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
8.5. Nothing on the App should be regarded as granting any licence or right to use any trademark without our prior written permission and/or that of any third party.
8.6. We try to ensure that technology protects the information on the App. However, we cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the App. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.
9. User content
9.1. In these Terms and Conditions of Use, “your content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our App, for whatever purpose.
9.2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media.
9.3. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
9.4. You warrant and represent that your content will comply with these Terms and Conditions of Use. Your content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
9.5. Your content (and its publication on our App) must not:
9.5.1. be libellous or maliciously false;
9.5.2. be obscene or indecent;
9.5.3. infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
9.5.4. infringe any right of confidence, right of privacy, or right under data protection legislation;
9.5.5. constitute negligent advice or contain any negligent statement;
9.5.6. constitute an incitement to commit a crime;
9.5.7. be in contempt of any court, or in breach of any court order;
9.5.8. be in breach of racial or religious hatred or discrimination legislation;
9.5.9. be blasphemous;
9.5.10. be in breach of official secrets legislation;
9.5.11. be in breach of any contractual obligation owed to any person;
9.5.12. depict violence in an explicit, graphic or gratuitous manner;
9.5.13. be pornographic or sexually explicit.
9.5.14. be untrue, false, inaccurate, or misleading.
9.5.15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
9.5.16. constitute spam;
9.5.17. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
9.5.18. cause annoyance, inconvenience or needless anxiety to any person.
9.6. Your content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet. You must not use our App to link to any web page or application consisting of or containing material that would, were it posted on our App, breach the provisions of these Terms.
9.7. You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our App.
9.8. You may not access or collect data from our App using automated means (without our prior permission) or attempt to access data you do not have permission to access.
9.9. You must not submit any user content to the App that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
9.10. We reserve the right to edit or remove any material submitted to our App, or stored on our servers, or hosted or published upon our App.
9.11. Notwithstanding our rights under these Terms in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our App.
9.12. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content.
9.13. If you become aware of any content on the App that breaches these Terms, please notify us immediately.
10.1. From time to time we may run competitions, free prize draws and/or other promotions on our App. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
11. Phishing and spoofing
11.1. If you receive an unsolicited electronic communication that appears to be from us and that requests you to provide personal information (such as your credit card number, user name, or password), or that asks you to verify or confirm your information by clicking on a link, it is most likely that the communication was sent by a “phisher” or “spoofer.”
11.2. We will never ask for this type of information, and we strongly recommend that you do not respond to these communications and that you do not click on the link. Responding to “phishing” places you and your personal information at risk. We cannot be responsible for any consequences resulting from your response to any communication sent by a “phisher” or a “spoofer”.
12. Linking to third-party websites and applications
12.1. The mobile application/s may contain certain images and links to other third-party websites and/or applications with information, content or material produced by other parties. These linked third-party websites and/or applications are not under the control of us and we are not responsible for the information, content or material on any linked website and/or application, including, any link contained in a linked website and/or application, or any changes or updates to a linked website and/or application.
12.2. We are providing these links to you only as a convenience, and you agree that the inclusion of links does not imply an endorsement by us of the linked website and/or application, their business or security practices, or any association with its operators.
12.4. Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.
13.1. The App and all information, content, tools and materials are provided by us on an “as is” and “and available” basis, unless we inform you in writing.
13.2. We do not guarantee the operation of the App or the information, content, tools or materials on the App. You agree that you use the App at your own risk.
13.3. We do not guarantee that
13.3.1. the App;
13.3.2. the information, content, tools or materials included on the App;
13.3.3. our servers; or
13.3.4. that any electronic communications
sent by us are free from viruses or other harmful components.
13.4. We will not be liable for any damages of any kind arising from your use of the App or from any information, content, tools or materials included on or otherwise made available to you through the App, including for direct, incidental, punitive and/or consequential damages.
13.5. We are committed to providing you with the best possible service. However, we are not responsible for:
13.5.1. any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond our reasonable control; or
13.5.2. any inaccurate, incomplete or inadequate information obtained from the App supplied by you.
13.6. Neither will we be responsible for any direct or indirect loss or damages that may arise from:
13.6.1. any of the events described in this paragraph or the paragraphs above;
13.6.2. your actions or omissions that result in a breach of these Terms and Conditions of Use;
13.6.3. any links to other website and/or applications from the App. You also acknowledge that we cannot control the content of or the products offered on those website and/or applications;
13.6.4. a denial of access to the App should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the App or put us in disrepute; or
13.6.5. your reliance on any of the information, content, tools or materials that you obtain from the App.
14.1. While we make every effort to ensure that the content and information on the App is complete, accurate and up to date, we make no guarantee about the suitability of the products and services on the App or whether they are complete accurate or appropriate.
14.2. You agree to fully indemnify us, our directors, and employees, and will not hold us responsible for any claim relating to your use of the App.
14.3. You agree to fully indemnify us, our directors and employees, from any errors or inaccuracies or incomplete information on the App and agree that, we will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from any disclosure to or by any third parties.
14.4. You agree that all information, including products and services or any terms or conditions relating to them, on the App may change. We will notify you of the important changes within a reasonable time.
14.5. You agree that any calculations made on the App are estimates and are meant as guidelines only.
14.6. We are not responsible for any mistakes in the performance of any calculators or interactive tools used in the calculations.
14.7. All products and services provided on the App are subject to confirmation, and any terms or conditions relating to them, at the time of finalising any transactions.
14.8. You accept that some of the information, content, tools or materials on the App come from external sources, and you agree that we are not responsible, and will not be held liable, for any information or content, received from these external sources.
15.1. You hereby agree that we may transfer, sub-contract or otherwise deal with any or all of our rights and/or obligations under these Terms and Conditions of Use. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions of Use without obtaining our prior written consent.
16. Applicable law
16.1. By accessing and using the App, you agree that the laws of the Republic of South Africa will govern these Terms and Conditions of Use, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from these Terms and Conditions of Use.
17. Changes to these Terms and Conditions of Use
17.1. We may change the terms and conditions of these Terms and Conditions of Use from time to time. We recommend that you familiarise yourself with these Terms and Conditions of Use regularly.
17.2. The current version of these Terms and Conditions of Use will apply each time that you access and use the App.
18. General Provisions
18.1. The headings of the clauses in these Terms and Conditions of Use is provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify these Terms and Conditions of Use.
18.2. If any provision of these Terms and Conditions of Use is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions of Use.
18.3. No failure or delay by us to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of these Terms and Conditions of Use.