Terms and conditions of use

Last modified: January 2021

Index

1. Definitions
2. Application
3. Important Notice (limitation of risk contained)
4. Description of Service
5. Limitation of Liability (User’s Own Risk) and Indemnity
6. Verification of Donors/Recipients
7. Information and Accuracy
8. Reliability of the Site
9. Responsible Use (including protecting yourself)
10. Personal Information and Privacy
11. Intellectual Property
12. Changes to these Terms and Conditions
13. Linking to Third Party Websites
14. Applicable Law
15. Severability
16. Information in terms of ECT Act

1. Definitions

   In these terms and conditions, the following words will have the following meanings:

   1. “Client” – a Registered User who makes or wishes to make payment.
   2. “Recipient” – a Registered User who receives or wishes to receive payment.
   3. “Registered User” – a User who has registered with the Service by providing the relevant information and/or documentation.
   4. “Service” – the GuppyPro Application and Website as well as all tools, functionalities and everything required in order to achieve the purpose and description of the Service.
   5. “Service Provider” – Kibo Computer Services (Pty) Ltd, a private company, duly incorporated in accordance with the company laws of South Africa, with registration number 2006\012475\07 and shall include all of its employees, affiliates, directors and service providers.
   6. “Third Party Website” – any website owned and/or operated by any party that is not the Service Provider.
   7. “User” – any person or entity which makes use of the Service.
   8. “Website” – the website on the domain www.guppy.pro and all pages on the said domain as well as all downloads, uploads or other items accessible from the Website, but shall not include Third Party Websites.

2. Application

   These terms and conditions apply to all Users of the GuppyPro Application and/or website.

3. Important Notice (limitation of risk contained)

   1. These terms and conditions contain provisions which appear in similar text/format to this clause and which clauses:
      1. may limit the risk and/or liability of the Service Provider and/or a third party; and/or
      2. may create risk and/or liability for Users; and/or
      3. may be an indemnity of the Service Provider and/or a third party on the part of Users; and/or
      4. may serve as acknowledgement by Users of certain facts.
   2. Users’ attention is drawn to these clauses as they should be carefully noted.
   3. It is the User’s responsibility to ensure that they understand these terms and conditions and that they do not continue using the Application and/or the Website in the event that they do not agree with or understand the terms and conditions.

4. Description of Service

   1. The Service Provider has created the Service to allow Users to create databases to capture information which the User would normally have to manually track.
   2. The Service Provider stores the data using Microsoft Azure and runs regular backups.
   3. Essentially, the Service is the provision of a database hosting platform.
   4. Users make use of this Service entirely at their own risk. The Service Provider utilises information submitted by parties and allows storage of information. It is the duty of the User to ensure that the information is not in a format that could be used to harm the User or any Third Party.
   5. It remains the responsibility of each User to ensure that they are safe and use the Service responsibly, and to ensure that any information they use and or store has been provided to them with any necessary consent and/or authorisation.

5. Limitation of Liability (User’s Own Risk) and Indemnity

   1. The Service Provider bears no liability for any risks associated with the use of this Service.
   2. The provision of this Service is made at each User’s own risk and no risk and/or liability shall be imputed onto the Service Provider, its affiliates, employees and directors/management.
   3. Users are responsible for their own safety as well as the responsible use of this Service and any information provided by the Service Provider.
   4. The Service Provider makes absolutely no guarantees as to the accuracy of the information provided.
   5. The Service Provider makes absolutely no guarantees as to the security of the storage facility, though the Service Provider does make every reasonable effort to ensure that all information uploaded and stored is kept safe and secure.
   6. It is ultimately the responsibility of each User to protect themselves and ensure their own safety throughout the use of the Service.

6. Verification of Donors/Recipients

   1. The Service Provider performs verification on each User who registers to use the Service.
   2. All Users who wish to make use of the Service are required to register and provide a certain level of information before they can register.
   3. Based on the information provided, the Service Provider will allow registration which will then allow the User to make use of the Service.
   4. The Service Provider will take all reasonable steps to ensure that information provided by Users is protected and treated as strictly confidential, including information provided to register as well as information stored whilst making use of the Service.
   5. Regardless of the above, the Service Provider cannot and does not make any guarantees that the information that is supplied to it or uploaded for storage purposes will always be safe and secure from hacking, security threats, theft or any other form of unauthorised access.

7. Information and Accuracy

   1. Users are required to provide certain information which is considered personal and/or private information.
   2. Whilst the Service Provider will make every reasonable effort to ensure that this information remains private and confidential, the Service Provider makes no guarantee to this effect.
   3. Use of the Service is at the Users’ own risk.
   4. The Service Provider reserves the right to reveal information to other Users as far as may be reasonably necessary for the purpose intended by this Service.
   5. Users bear the responsibility to use the information available to them reasonably and safely and the Service Provider provides no guarantees as to the accuracy of the information.

8. Reliability of the Site

   1. The Service Provider provides the Service and charge a monthly/yearly service fee.
   2. The Service Provider makes no warranties or guarantees that the Service will run without interruption or without fail.
   3. The Service Provider shall not be liable in the event of suspension, termination, interruption or any other interference with the Service regardless of the losses suffered or the cause of such interference.

9. Responsible Use (including protecting yourself)

   1. All Users make use of the Service at their own risk.
   2. Users retain the responsibility to ensure that they make use of the Service reasonably and responsibly and that they take their own precautions for safety and protection against fraud at all times.
   3. The Service Provider shall bear no liability for any harm/loss suffered by any User of the Service or other person, whether directly or indirectly related to the Service, regardless of the hard/loss suffered and/or the reasons therefor.

10. Personal Information and Privacy

    1. The Service Provider receives personal information from registered Users in order to make basic verifications of the Users.
    2. This information is protected as far as reasonably possible and is not disclosed to any person to the extent that this is not necessary to achieve the purpose intended by the Service.
    3. The Service Provider makes every reasonable effort to ensure the protection of personal information but makes no guarantees in this regard and shall not be liable for any of the said information being accessed by unauthorised individuals.

11. Intellectual Property

    1. The Service Provider retains all right and title in and to its intellectual property, including but not limited to copyright, trade marks, patents and designs.
    2. No unauthorised use of any of the Service Provider’s intellectual property is permitted.
    3. Any party seeking licence to make use of any of the Service Provider’s intellectual property must formally request such a licence.
    4. The Service Provider reserves the right to grant, suspend, terminate or otherwise deal with any licence in respect of its intellectual property.

12. Changes to these Terms and Conditions

    1. These Terms and Conditions are subject to change at the behest of the Service Provider.
    2. Any changes to these Terms and Conditions shall be made and this document updated from time to time, as the Service Provider deems necessary.
    3. Users are deemed to have read the most recently updated Terms and Conditions as soon as those Terms and Conditions have been made available on the Website.
    4. Users are encouraged to check these Terms and Conditions regularly in order to be aware of any and all changes.
    5. Users expressly waive their right, by using the Service, to rely on a lack of knowledge of the existence of or updates to these Terms and Conditions.
    6. By using the Service, all Users agree to all the terms of these Terms and Conditions.

13. Linking to Third Party Websites

    1. The Service and any of its associated tools, such as the Website, may link to websites or services offered by other individuals or entities.
    2. Insofar as any such links exist, the Users, by using the Service, agree that the Service Provider makes no guarantees regarding those Third-Party Websites and/or services.
    3. Any following of Third-Party Links or using of Third-Party Services is done at the sole risk of the User and the Service Provider shall bear no liability therefor, howsoever arising, of whatsoever nature, and whether directly or indirectly related to the use of the Service.

14. Applicable Law

    These Terms and Conditions are to be interpreted and construed in accordance with the laws of the Republic of South Africa.

15. Severability

    If any term contained in these Terms and Conditions is found not to be enforceable, the remainder of these Terms and Conditions shall continue to operate with any necessary changes and the unenforceability of one term shall not affect the other terms.

16. Information in terms of ECT Act

    In accordance with the Electronic Communications and Transactions Act, the Service Provider’s information is as follows:

    Name: Kibo Computer Services (PTY) Ltd

    Registration Number: 2006\012475\07

    Main business: IT

    Physical address for legal service:
    21 Weltevreden rd,
    Northcliff,
    Randburg,
    South Africa 2195

    Office bearers: JM Erasmus

    Phone number: +27834693085

    Email address: japie@kibocomputers.co.za

    PAIA: The manual published in terms of Section 51 of the Promotion of Access to Information Act can be obtained here.