Terms, Conditions and Privacy Policy For The Senior Tainment Platforms.
These Terms and Conditions constitute, for the purposes of the Agreement, the conditions of usage and service of the Senior Tainment Application and the agreement link between the User and Senior Tainment for use of the Senior Tainment Application and associated Services developed, provided and managed by Senior Tainment.
Senior Tainment reserves the right to effect, in its sole discretion, amendments to these Terms and Conditions.
Definitions:
Agreement: means this Agreement, for providing the Senior Tainment Application, Senior Tainment Platforms and Services to the User, which includes Senior Tainment’s:
– Terms and Conditions of Service
– Privacy Policy
– Fair Usage Policy
– any such additional terms and conditions provided for on the Senior Tainment website.
Account: means the registered account held by a User, administrator or merchant on the Senior Tainment Platform;
Content: means any data including official statistics and or images as provided to, or hosted by the Application and/or Platform;
Device: means the mobile phone, terminal, tablet, laptop or desktop computer or any other electronic, battery or solar operated device used by the User to gain access to the Senior Tainment Platform;
Service Provider: means the third-party service provider and its relevant network and infrastructure that provides the User with a connection to a mobile network;
The Senior Tainment Platform: means all the components, websites, portals, the mobile app and all other functionalities as provided through and related to the brand;
Services: means any service, downloading and/or activating, and/or using the services or having access to any Senior Tainment service and or smart device;
Smart Device: means any device integrated with the Platform that can connect, share data and interact with the User;
User: means any individual, administrator or merchant that has registered to use the Platform;
User Account: means the registered account associated with a User as held on the database;
Google Maps: means the mapping and location service as provided through Google Maps/Google Earth, allowing a User to view and use a variety of content, including map and terrain data, imagery, business listings, traffic, reviews, and other related information provided by Google, its licensors, and users;
Interpretation
The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify, the terms of this Agreement nor any clause thereof.
In this Agreement, unless a contrary intention clearly appears:
(a) words importing:
(i) the male gender includes the female gender;
(ii) the singular includes the plural and vice versa; and
(iii) natural persons include created entities (corporate or non-corporate) and vice versa;
(b) expressions defined in this Agreement shall bear the same meanings in the Annexures (if and or where applicable) to this
Agreement unless specifically defined in the Annexures;
(c) where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail;
(d) any reference to a Party includes a reference to the Party’s authorised representatives, employees, agents or contractors;
(e) when any number of days is prescribed same shall, unless otherwise specifically stated, be reckoned exclusively of the
first and inclusively of the last day, unless the last day falls on a day which is not a Business Day, in which case the last
day shall be the next succeeding Business Day;
(f) where words have been defined in the body of this Agreement, such words shall, unless otherwise required by the context,
have the meanings so assigned to them throughout this Agreement;
(g) where any provision contemplates a notice to be given or Agreement to be reached between the Parties, such notice or
Agreement shall, unless expressly provided otherwise, be made in writing;
Acceptance of Terms
The User agrees to be bound by these Terms and Conditions and by agreeing to such the User declares that he or she is legally competent by law applicable to the User to accept, agree to and or enter into this Agreement. 3
The User’s continued use of the Senior Tainment Platform and Services, in the event of an amendment of these Terms and Conditions, will constitute the Users acceptance of and agreement to such amendment. The User will be entitled, if not in agreement with an amendment, to terminate the Account/s with immediate effect.
Use of the Senior Tainment App and Services
Senior Tainment grants the User a non-exclusive, non-transferable right to use the Senior Tainment Platform and Services via a mobile device, telephone, terminal and computer and other devices.
The User may not use or utilise any part of the Senior Tainment Platform or its Services in contravention of any applicable Law and or Regulation/s.
Third Party
The use of this Platform or Service provided by a third party to the User including but not limited to the User’s local mobile- or Wi-Fi- or internet service provider will despite any conditions under which the service provider is providing such services to the User, be subject to the Terms and Conditions for the purposes of this Agreement.
Intellectual Property Rights
All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and any other material or moving images) contained in, or accessible via the Senior Tainment services, is either owned by Senior Tainment or has been licensed to Senior Tainment by the rights owner(s) for use as part of the Senior Tainment services.
User Account Information
The User will provide true, accurate, current and complete information when registering for an account on the Senior Tainment Platform or Services, as well as any additional information provided or any amendments made by the User.
The User is and will remain at all-time responsible for all actions, direct, indirect and or incidental to and or as a result of access to or use of the Platform or Services via the User Account independently of whether the access was made by yourself or by a third party. If your Device is stolen or if you become aware of unauthorized use you are responsible for all charges to your Account. We have the right to change your password and account name at any time in our sole discretion.
No Unlawful or Prohibited Use
The User expressly acknowledges and agrees to use any Senior Tainment Platform or Service solely for lawful purposes; non-commercial use or non-business use.
The User may not, without limitation:
– use and or perform any action on or through use of the Senior Tainment Platform or Service for any unlawful purpose;
– intercept or monitor, damage or modify any communication which is not intended for use purposes by the User;
– send any unsolicited commercial communication not permitted by applicable law,
– expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable.
The User further to the above, may not use any part of the Senior Tainment Platform or Services in any manner that could damage, disable, overburden, or impair any Senior Tainment server, or the network(s) connected to any Senior Tainment server, or interfere with any other party’s use.
Senior Tainment has the sole and exclusive right at any time to immediately terminate any service and/or account if Senior Tainment interprets the use as in any way fraudulent; criminal; unethical; offensive to others; misuse; and or in other way deemed by Senior Tainment as prohibited.
No Warranties
Senior Tainment does not make any express warranty regarding the Senior Tainment Platform or Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however, Senior Tainment shall endeavour to provide Senior Tainment Platforms and Services with minimum disruptions.
Senior Taiment cannot and does not guarantee that the Senior Tainment Services will always function without disruptions, delay or other imperfections and Senior Tainment may choose not to provide service to countries or calling areas at its sole discretion.
Service Suspension/Interruption
Senior Tainment is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Platform or Services or any part thereof, without any notice to the User for the repair, improvement, and/or upgrade of the service at any time.
All Senior Tainment Platforms and Services if not indicated otherwise by Senior Tainment are for non-commercial use. All and any commercial use not deemed as consumer usage will lead to immediate termination of Service.
Payment & Rates (Subscribed Services Only)
The User will be liable for payment for the Services and Platform where applicable according to displayed prices and tariffs on the Senior Tainment mobile application or relevant website. Senior Tainment reserves the right to amend or adapt the rates, fees and any other way to manage and or regulate payments or rates at any time without notice.
If the User does not wish to accept such adjustment of rates, the User will be entitled to terminate the User Account with effect from the date on which the adjustment of rates would become effective.
Unless stated otherwise, all rates and charges listed shall be inclusive of value added taxes (VAT) or any other applicable taxes. Senior Tainment cannot be held responsible in any way for costs that might be charged to the end user from a third party or similar while using any Senior Tainment service.
Limitation of Liability
Senior Tainment is not and cannot be held liable for:
– any acts or omissions of another Provider, for information provided through the User Device;
– any equipment failure or modifications;
– service outages or for service limitations or interruptions;
– any accidents or incidents which result from the use of the Senior Tainment Platform or any of its Services by the User or any other
person;
– any direct, indirect, incidental, punitive or consequential damages including inter alia lost profits, other economic loss, death,
injuries to persons or property, any losses due to fraudulent behaviour, misuse of information and other criminal activities
that are directly, indirectly or coincidently associated with any Senior Tainment App, Service, representation, offer, product or device,
provided directly or indirectly, as part of the package (the Senior Tainment App or Services) offered to the User so arising from the
use of the App or Services by the User and the User hereby specifically indemnifies against any claims and or
legal actions following or resulting from such damages.
– the Senior Tainment app utilizes Google Maps for its location services. Senior Tainment therefore does not guarantee any addresses supplied
via the Senior Tainment App to the User in any of its features and Services are accurate and cannot be held liable and the User
hereby indemnifies Senior Tainment against any such liability for any direct, indirect and or co-incidental damages suffered by the User
or another as a result of usage of the addresses or in the event an incorrect address is provided herein.
– We take security and reliability very seriously and do our utmost to make sure our platforms are failsafe by using best of
breed products and adhering to the highest industry practices. However, no system is perfectly secure or reliable, the
internet is inherently an insecure medium when you take into account all the third parties involved; your internet provider, wireless carrier, devices used etc. When you use the service, you accept these risks and the responsibility for choosing to
use a technology that cannot outperform third parties that are used in providing the service. Services such as S.O.S, Tag
Me and Location Sharing rely on third parties providing a reliable service. Therefore we make no warranty, express, implied
or otherwise that we can or will be able to guarantee that the service will work 100% of the time.
Senior Tainment’s liability and the liability of any underlying Provider for any failure or mistake shall be limited to and in no event or under no circumstance exceed and is limited to the Senior Tainment Services charges during any affected period. 6
Assignment
Senior Tainment reserves the right to and may assign all or part of the Agreement and or Terms and Conditions to any other without such assignment being considered change to the Terms of Conditions and without prior notice of such assignment to the User.
Senior Tainment in the event of such assignment will be and is released by the User from all liability under this Agreement.
The User is prohibited from assigning any responsibility and or liability under the Terms and Conditions without our prior written approval.
Time and Indulgence
No latitude, extension of time or other indulgence which may be given or allowed by either Party to any other party in respect of the performance of any obligation hereunder or the enforcement of any right arising from this Agreement is binding unless confirmed in writing, and no single or partial exercise of any right by any Party shall under any circumstances be construed to be an implied consent by such Party or operate as a waiver or a novation of, or otherwise affect any of that Party’s rights in terms of or arising from this Agreement or estop such Party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or terms hereof.
Applicable Law
This Agreement shall be governed by and be construed in accordance with the laws of the Republic of South Africa, and the Parties hereby agree and submit to the jurisdiction of the South African courts.
Non- Variation
No addition to, or variation of, consensual cancellation or novation of this Agreement and no waiver of any rights arising from this Agreement, including this clause, shall be of any force or effect unless reduced to writing and signed by the duly authorised representatives of each of the Parties.
Severability
If any provision or term of this Agreement, including this clause, shall be held wholly or partly invalid, illegal or unenforceable for any reason whatsoever, then those clauses, provisions or terms shall be deemed severable from the remaining clauses, provisions or terms of this Agreement and shall in no way affect the validity, legality or enforceability of this Agreement.
The Parties shall meet as soon as possible and negotiate in good faith upon a replacement provision that is legally valid and that achieves as nearly as possible the objective of this Agreement and produces an equivalent effect. 7
Entire Agreement
These general Terms and Conditions represent the entire Agreement between the User and Senior Tainment and supersedes all prior offers, contracts, agreements and representations. The Terms and Conditions supersede all promises made to you by Senior Tainment client services agents, representatives or employees.
Fair Use Policy
Your Senior Tainment service is subject to a fair usage limit that gives Link right to limit or cancel service if usage indicates any misuse of service; differ from average usage and/or reaches the fair usage limits as defined in this document or otherwise communicated by Senior Tainment.
If not otherwise stated, all Senior Tainment services are subject to Senior Tainment´s fair usage policy as described below. ANY USE OF SENIOR TAINMENT SERVICES is subject to the fair usage policy. Senior Tainment reserves the right to change the fair usage policy at any time. Changes shall become effective immediately if you continue to use after such notification has been given. All such changes will be published on and in force no later than thirty (30) days after such notification. If you have not deactivated your Senior Tainment service during the 30 days, you have accepted the revised fair usage policy and shall be bound by these terms and conditions. By accepting the Senior Tainment Fair Usage Policy you also accept Senior Tainment Terms and Conditions; End User Software License and Privacy Policy.
In the event that there is, or Senior Tainment suspects that there is, any fraudulent-, criminal activities or misuse of any Senior Tainment service in any way, Senior Tainment reserves the right to terminate your subscription with immediate effect without any prior notice, and without any refund. Senior Tainment disclaims any and all responsibilities or liability in relation to content available through any Senior Tainment service or any third part supplier or partner. As a user of Senior Tainment´s services, you are solely responsible for all activities while using a Senior Tainment service.
Privacy Policy
Product services and software are defined as “services” and Senior Tainment as “We”. Users of Senior Tainment services that this term of service regulates are defined as “you”. By accepting Senior Tainment’s Privacy Policy you also accept Senior Tainment’s Terms of Agreement; End User Software License Agreement and Fair Usage Policy. This Privacy Policy does not apply to the practices of third parties that we do not own or control, including third party websites, partner services and/or applications (collectively, “Third Party Services”) that you may elect to access through the Service or to individuals that we don’t manage or employ.
Please read this Privacy Policy carefully, and feel free to contact us at info@senior-tainment.com if you have any questions regarding its content. This Privacy Policy is incorporated into and made a part of Terms & Conditions (“T&C’s”). Terms not defined herein shall have the meaning set forth in the Senior Tainment Terms & Conditions.
You may decline to submit any information through the Service, in which case we may not be able to provide our Service to you.
How we use information collected from you:
We may use both Personal Information and Non-Personal Information collected from you in any one or more of the following ways: 9
Disclosure
You also accept that Senior Tainment has the right to provide the above information to any third party and/or partner to give that party information so they via that information can ensure better service delivery, adjust offers, packages or advertisement based on that information. However, no information will be provided if these third parties do not comply with Senior Tainment at any time binding rules and regulation regarding in this area like anti-spam and such. Third parties will never have the right to reuse or re-distribute any information to any other party without a written consent from Senior Tainment.
How we share or disclose information collected from you
We will not rent or sell your Personal Information to third parties outside of The Apps Factory Pty Ltd and its subsidiaries and affiliates (collectively “Company”) without your consent, except as noted below. Your information may be shared as follows:
We may share your username, with a third party or service provider to ensure better service delivery. Contact details will only be shared with a third party or service provider related to service delivery, after approval has been received from the User.
We may share your Personal Information, including name, email and location, with certain other Users in connection with a SOS alert as defined below.
Safety, Security and Compliance with Laws.
We may disclose any information, including Personal Information, to first responders, safety personnel, law enforcement, governmental agencies, or authorized third-parties, in response to: (1) an alert notification message that is sent by, or initiated in connection with, a “Senior Tainment SOS” request; or (2) a verified request relating to a criminal investigation, investigation of fraud, alleged illegal activity or any other activity that may expose us, you, or any other User or person to physical harm or legal liability. In such events, we will disclose information relevant and necessary to the emergency response, investigation or inquiry, such as name, telephone number, email address, User ID history, IP address, and anything else we may deem relevant to the emergency response or investigation. Without limiting the above, in an effort to respect your privacy and our ability to keep the Senior Tainment community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties after an alert without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to protect the rights, property, or personal safety of our Users, our Company or others. 10
Age of Consent
By signing up, you acknowledge you are of legal age, provide true information and are fully authorized to sign-up to the service, in legal age or permitted by your guardians or parent to do so. We can never be held accountable in any way if a user provides us with wrongful or misleading information while signing on for a service, downloading a service, activating a service or using a service or in any other way trying or using a service.
User Communications
We may contact you to confirm and verify the ownership of your mobile wireless device numbers collected as part of your account information. We may also communicate with you via email, text message or by phone to provide Service activation, account information, and information and services in regard to any issues or service delivery requests associated with your account.
Links
Our website, or services, may contain links to other sites and we are not responsible for the privacy practices or the content of such sites. We encourage you to read the privacy policy of linked sites. Their privacy policies and practices differ from our policies, practices and conduct of business, Senior Tainment can therefore not in any way be held responsible for activities on partner or third parties web pages, links or any product, services or packages.
Cookies, Log Files and IP Address
We may collect information about your computer, including where available, your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers (see Aggregated Data). We will use this information to deliver relevant content and services to you. We may log call events but not record the call itself.
Change of Ownership or Business Transition
In the event of a change of ownership or other business transition, such as a merger, acquisition or sale of our assets, your information may be transferred. Your information will be transferred in accordance with applicable privacy laws. 11
Security
We will strive to prevent unauthorized access to your Personal Information, however, no data transmission over the Internet, by wireless device or over the air is guaranteed to be 100% secure. We may, at our sole discretion, enhance security procedures as new technologies and procedures become available. You are responsible for maintaining the secrecy of your identification, passwords and/or any Personal Information in your possession for the use of the Service. You are responsible for the use by others of any information that you provide to them. We cannot assume any responsibility for the content of any personal information or other information which you receive from other users through the Service, and you release us from any and all liability in connection with the contents of any Personal Information or other information which you may receive using the Service. We cannot guarantee, or assume any responsibility for verifying the accuracy of the Personal Information or other information provided by any third party. You release us from any and all liability in connection with the use of such Personal Information or other information of others.
Changes to Our Privacy Policy
Any changes we make to our Privacy Policy will be posted on our webpage www.senior-tainment.com
