Please read the following Terms of Service Agreement (“Agreement”) carefully before utilising the Roundafire Application (“the Application”). Use of the Application is subject to the Terms contained within this Agreement. The Application can be downloaded from either Google Play or the Apple App Store. The Roundafire website can be accessed from https://www.roundafire.co.za/. Use of the Application indicates that You (“the User”) have understood and agree to be bound by the terms and conditions of this Agreement. Roundafire’s Privacy Policy is incorporated by reference into this Agreement and is subject to this Agreement and can be accessed from http://www.roundafire.co.za/privacy-policy/. NLT Media may amend this Agreement at any time. All amended terms shall be effective automatically and immediately upon the posting of the revised Agreement and any subsequent activity in relation to the Application shall be governed by such amended terms and conditions. If You do not agree to the terms of this Agreement, please do not use the Application. If You wish to register to make use of the Application, You must read these Terms and indicate Your acceptance during the registration process. Note, however, that these Terms apply to Your access to and use of the Application once You register an account.
In this Agreement the following definitions shall apply: “Agreement” shall mean this agreement together with any schedules or amendments made from time to time; “Applicable Data Protection Laws” shall mean all legislation or regulations protecting the fundamental rights and freedoms of individuals in respect of their right to privacy with respect to the processing of personal information; “Application” shall mean the Roundafire Application owned by NLT Media (Pty) Ltd; “Competent Person” Shall mean any person who is legally competent to Consent to an action or decision being taken in respect of any matter concerning a child; “Competent Person User/s” shall mean the Competent Person who has administrative access within the Application, and who provides Consent for a Minor User to use the Application; “Consent” shall mean any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information; “Institution” shall mean the juristic person and its authorised representatives and employees who are trusted to care for and/or educate a Minor User, and who may, from time to time, administer use of the Application for Minor Users of the Institution; “Minor User/s” shall mean the natural person who is under the age of 18 and either under the care of a Competent Person or Institution that makes use of the Application; “NLT Media” shall mean the juristic person NLT Media (Pty) Ltd (Registration Number: 2013/121770/07), a private company domiciled in South Africa. “We”, “Us” and “Our” shall have a similar meaning; “Personal Information” shall mean any information relating to an identified or identifiable natural or juristic person (‘data subject’); an identifiable natural or juristic person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. “User” shall mean Minor Users, Competent Person Users, Institutions or any other persons who use the Application or any feature of the Application; “User Account” shall mean an account on the Application, created by a Competent Person User or an Institution, for the purposes of providing Minor Users access to the Application; and “You” shall mean all Users of the Application, except where the context refers to a specific User type.
The Application is intended for use by minors between the ages of 0 years old and 13 years old. In order for a Minor User to make use of the Application, a User Account will need to be registered, either by a Competent Person, or by an Institution, in accordance with the provisions of this Agreement. Minor Users are not permitted to create a User Account in their own name.
In registering a User Account, Consent to the terms of this Agreement, as well as those of Our Privacy Policy, is deemed to have been provided by a Competent Person and/or an Institution. Any Personal Information that You provide to Us in the course of registering as a User, or after registration as a User, will be held and used in accordance with the terms of this Agreement, those of our Privacy Policy and the Applicable Data Protection Laws.
Certain categories of Users will have access to additional functionality through the Application. These are as follows: Minor User: Access to the Application “Home” tab, the “Explore” tab and the “My Books” tab; Competent Person User: Access to the “Parents” tab which allows control over the subscription to the Application and payment methods, information on the Application and the Application legal compliance documents, including this Agreement and the Privacy Policy; Institution: Access to reports compiled on the Minor User/s use of the Application and a dashboard displaying Minor Users registered with the Institution.; 2.1. User Obligations Upon Registration You are responsible for providing information during the registration process that is true, accurate, current and complete at all times. Information found to be false and misleading may result in the suspension or termination of a User’s account and a refusal for all current and future use of the Application. By registering on the Application, You agree to refrain from the following: entering a name or e-mail address of another person with the intent to impersonate that person; using a name or e-mail address subject to the rights of any person without authorisation; using a name in violation of the intellectual property rights of any person; registering and creating accounts using “bots” or other automated means; or disclosing Your login credentials to any third party so as to ensure the security of the account. 2.2. Registration as a Competent Person User To register an account You will be required to provide your first and last name, email address and create a password. By registering as a Competent Person User, You hereby warrant that You are duly authorised to act on behalf of the relevant Minor User and by registering an account, You provide Your Consent for the relevant Minor User to use the Application. 2.3. Registration as an Institution Upon entering into an agreement with NLT Media, You will be granted access to the Application. Accounts for Minor Users under the care of the Institution will be generated using the Minor Users’ unique student numbers. If the Institution does not assign student numbers, We will generate unique student numbers for the purposes of registering Minor Users on the Application. Passwords for the account will be generated by Us and provided to You. Individual Minor Users may access the Application by entering their student number and password. Employees of the Institution may be granted access to different Minor Users accounts as and when required by the Institution as well as the dashboard reflecting additional functionality. If You are a member of an Institution You warrant that You are duly authorised to act on behalf of the relevant Minor User/s and You warrant further than You have obtained Consent from the relevant Competent Person/s for the Minor User/s to use the Application.
3. PERMITTED USE OF THE APPLICATION The Application is developed and intended to assist minors aged between 0 years and 13 years old learn to read. We reserve the right to change or update the services offered on the Application, without prior notice. 4. APPLICABLE RESTRICTIONS Access to and use of the Application is governed by this Agreement. You may not use the Application for any purpose that is unlawful or prohibited by this Agreement. Any applicable additional or amended Terms of Service, or any other conditions or notices that apply will be made available on the Application. Unauthorised use of this Application may result in Us instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence. By using or accessing the Application, You are not permitted to: transmit any worms, viruses, trojan horses, time bombs, or cancelbots and/or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of the Application and/or the services, including by using any software, routine or device that will or may interfere with the tools, services and/or Website, such as viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature. copy, adapt, rent, lease, sub-license, resell, broadcast, publicly distribute or publicly display, transfer possession or provide right of access and use of the software, and/or reports generated by the software (including the information contained therein) and/or any related documentation, user manuals, products, services, data or other information or parts thereof, obtained from NLT Media to any third party or attempt to do so unless otherwise provided in this Agreement; copy, adapt, broadcast, distribute or publicly display any of the books hosted on the service to any other person who is not an Authorised User or Reader; use the software or the Service and the associated books to perform or promote any act that is unlawful, misleading, malicious, defamatory, or discriminatory; perform any action that may disable, override or impair the efficient and/or proper operation or working of the software, or the Application; utilise the Application for any illegal or unauthorised purposes. violate any laws in any jurisdiction, including but not limited to any intellectual property laws. remove, alter or obscure any copyright, legal, proprietary or other notices on the Roundafire website, or Application or on any books hosted on the Roundafire service; use any automated data collection, data mining or data gathering methods of any kind in relation to the software, or the Application; circumvent any updates and/or upgrades to the software; and create derivative works of the software, Dashboard and/or Service of any kind Unauthorised use of the Application includes engaging personally or permitting a third party to engage in the following activities: copying, adapting, modifying, publishing, republishing, distributing or redistributing this Application without Our prior written consent; copying, adapting, modifying, publishing, republishing, distributing or redistributing any books hosted on the Application without Our prior written consent or the prior written consent of the author or third-party publisher, as the case may be; using any automated data collection, data mining or data gathering methods of any kind in relation to the Application; reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of the Application; making and distributing copies of the Application or allowing such activity by third parties on Your behalf; and creating derivative works of the Application of any kind. Any act or omission which results in a failure to abide by the restrictions set out, as determined by Us in Our sole discretion, will result in immediate termination of the account. We are not liable to You nor any third party for any breach of Your obligations under this Agreement and for any consequences arising as a result of such breach, including any loss or damages which You or any third party may suffer. You hereby personally indemnify and hold Us harmless against any and all liabilities, losses, fines, damages, expenses and legal costs (“claims”) incurred (whether directly or indirectly), against the misuse of the Application by a registered User. 5. PAYMENT 5.1. Taxes: Subscription to the Application is quoted on the website available at https://www.roundafire.co.za/buy-subscription/. Subscriptions are charged in South African Rand (ZAR). These prices include any applicable taxes (unless otherwise stated). 5.2. Payment methods: Payment of subscriptions for Competent Person Users is conducted via our website and facilitated by a third-party secure payment gateway. Payment of subscriptions for an Institution is facilitated by direct bank transfer. 6. ELECTRONIC SIGNATURE You agree to be bound by any affirmation, assent, communication or agreement You transmit through the Application, including but not limited to any Consent You give to receive communications from NLT Media solely through electronic transmission. You agree that, when in the future You click on “I agree,” “I Consent,” “Submit,” or other similarly worded “button” or entry field with Your mouse, keystroke or other computer device, Your agreement or Consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature. 7. INTELLECTUAL PROPERTY This Application and all the materials contained (including but not limited to: computer or software code, scripts, design elements, images, text, drawings, interactive features, graphics, music, sound and voice), are the property of their respective owners and/or Our affiliates or licensors or various third parties, and are protected by the intellectual property laws applicable to them. Ownership of all such intellectual property remains with NLT Media (Pty) Ltd. There is no transfer of intellectual property and You are not authorised to use any such intellectual property without prior written Consent from Us. Users may only use this Application and the materials on it as authorised by Us. We reserve the right, at any time and without notice, to suspend, cancel, or terminate Your right to use the Application (or any portion of the Application) for violation (whether repeated or not) of intellectual property rights belonging to Us. Any unauthorised modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by e-mail or other electronic means) any material from the Application, without prior written Consent from the owner of the materials, constitutes a breach of intellectual property. You indemnify and hold Us harmless for any and all intellectual property infringements claims that may arise for any activity that occurs under the User’s account. Users will be solely responsible for any and all damages resulting from any infringements of copyrights, proprietary rights or any other harm. You may only view, print out, use, quote from and cite the Website or any information, images, and other content displayed on the Application for Your own personal, non-commercial use and subject to the condition that You must give appropriate acknowledgement to NLT Media as owner of the Application. We expressly reserve all intellectual property rights in and to the Application is subject to the following restrictions. You must not: remove any copyright or other proprietary notices contained on the Application; and/or use any materials from the Application in any manner that may infringe any copyright, intellectual property right or proprietary right of Us or any third parties; and/or use, or cause others to use, any automated system or software to extract content or data from this Application (“screen scraping”), except in cases where You or any applicable third party has entered into a written licence agreement directly with Us that expressly permits such activity; and/or reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame (or use any other browser or border environment), communicate to the public or circulate to any third party or exploit this Application for any commercial purpose, without our prior written Consent by way of a licence agreement. The Application provides access to children’s books written by third party authors. These books are screened to ensure they are appropriate for children before they are published on the Application. The books written by third party authors are licenced to NLT media. All rights, including intellectual property rights, to the books are the property of the respective authors or their designated assignees. All intellectual property belonging to any third party shall remain the property of such party and You do not acquire any right, title or interest in and to such intellectual property. 8. LINKING TO OUR WEBSITES AND APPS You may link to any page of the Website, for non-commercial purposes, provided that You do so in a way that is fair and legal and which does not damage our reputation or take unfair advantage of it. For the avoidance of doubt, the linking site must not contain any illegal material or inappropriate material for children under the age of 10 years, or any material that is offensive, harassing or that (in our sole opinion) is otherwise objectionable. You must not link to our Website in such a way as to suggest any form of association, approval or endorsement by Us of You or any activity or course of business You conduct. You must not remove or obscure (by framing or otherwise) advertisements, any copyright notice, or other information published on the Website. If You would like to link to our Website for commercial purposes or any purpose not included above, or if You would like to become a partnered Institution, please send an email to info@roundafire.co.za. We reserve the right to withdraw linking permission at any time and without notice. 9. PRIVACY, YOUR PERSONAL INFORMATION AND COOKIES The privacy of Your Personal Information is important to Us. Any Personal Information supplied to Us in relation to the provision of the service will be dealt with in accordance with Our Privacy Policy, the Terms set out herein and the applicable Data Protection Laws as they may apply. The collection, use, storage and disclosure of Your Personal Information is described in Our Privacy Policy. 10. DISCLAIMERS, INDEMNITY AND LIMITATION OF LIABILITY WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, You agree to defend, indemnify and hold Us, Our officers, directors, employees, agents, contractors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits; direct, indirect, incidental, special, consequential or punitive damages; and any reasonable legal fees, resulting from misuse of the Application, and/or violation of any of the Terms. To the extent permitted by law, NLT Media or its directors, employees, representatives or others involved in creating, sponsoring, promoting, or otherwise making available the Application and its contents, shall not be liable for any inaccuracy relating to the (descriptive) information (including ratings) of the books written by third party authors as made available on the Application. 11. NO WARRANTIES FOR USE OF THE APPLICATION You expressly agree that use of the Application is at Your sole risk. You understand and agree that any material and/or information uploaded or downloaded or otherwise obtained, through the use of the Application, is done at Your own risk and discretion. You will be solely responsible for any damage to Your computer services or loss of data that results from the download of information from the Application. We make no warranties that the Application will meet Your requirements or that the Application will be available and uninterrupted. We do not make any warranties as to the results that may be obtained from the use of the Application or to the accuracy of the information and the reliability of the information obtained through the Application. We do not warrant that defects on the Application will be corrected. The Application is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, effort and results to be obtained through the use of the Application rests with You. No advice or information, whether oral or written, obtained by You from Us or through the services shall create any warranty not expressly made herein. If You are dissatisfied with any portion of this Application, Your sole and exclusive remedy is to discontinue use of the Application. 12. SECURITY OF THE APPLICATION While We make use of security measure in line with industry standards, security of the account is Your responsibility and We disclaim all liability with regard thereto. You are responsible for all activities (whether by You or by others) that occur under the account. You will notify Us immediately of any unauthorised use of the account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorised use of Your password or account by a third party In the event of the security of an account being compromised, We will notify You by email and will immediately suspend the account. You shall refrain from using the Application until communications are received from Us. We also reserve the right to disable any User identification code or password, whether chosen by You or allocated by Us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of these Terms. If You know or suspect that anyone other than You knows Your username or password, You must promptly notify Us by email info@roundafire.co.za. You hereby indemnify and hold Us, Our directors, employees, agents and representatives, harmless for any and all losses, damages and expenses arising from Your failure to ensure the security of the account, including all legal fees, on an attorney-client scale. 13. SERVICED COUNTRIES The Application is provided for Users in South Africa. Whilst access may be possible from outside of South Africa, the Application is not intended for such use and such Users access the Application at Their own risk. In accordance with Clause 12 of this Agreement, We make no warranties of any kind for the use of the Application by Users outside the borders of South Africa. 14. DOMICILIUM, JURISDICTION AND ARBITRATION The domain name has been registered in South African and therefore all domain name disputes shall be governed by South African law. In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Johannesburg, South Africa and each party hereby Consents to the jurisdiction of the courts thereof. Without any restriction on Your rights to pursue legal recourse in the forum of Your choice, You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, first be referred to confidential arbitration in terms of the rules of the Arbitration Act, 1965, prior to proceeding to Court. NLT Media confirms the domicilium citandi et executandi for all purposes associated with the Application, transactions pertaining to the Application, including the giving of any notice, the payment of any sum, the serving of any process, but excluding VAT reclaims, as follows: NLT Media (Pty) Limited Postal address: 12 Grand Central Boulevard, 61 Boulevard Heights, Midrand, 1685 Electronic mail address: info@roundafire.co.za. NLT Media does not receive legal notice or accept the serving of documents attached to legal processes on NLT Media by electronic mail. 15. SEVERABILITY This Agreement shall apply to the fullest extent permissible by law. If any provision of the Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. 16. CONTACT US If You have any concerns or queries about material which appears on our Websites or our Apps or if You have questions about Your use of the Websites, our Apps or these Terms please email Us on info@roundafire.co.za. Technical support regarding the use of the Application is only available to registered Users and is accessible via email to info@roundafire.co.za. This Privacy Policy was last updated on 03 February 2020.