1.1 This application and its related services (hereinafter "Application") is proudly brought to you by Outdoor Investment Holdings (Pty) Limited ("Safari Outdoor"/" we"/"us"), a private company operating and trading as Safari Outdoor.
1.3 You may not use the Application if you do not agree to these Terms or are not capable of entering into a binding contract with us. If you are younger than 18 (eighteen) years of age, you may not use the Application if a parent, guardian or any person who is legally competent to consent to YOUR action, has NOT consented to your agreement to these Terms and your use of the Application.
1.4 These Terms shall apply to all users of the Application, irrespective of whether they contribute content to the Application. User-submitted content includes usernames, text, graphics, photos, sounds, music, videos, audio-visual combinations, website links and other materials which can be viewed on, accessed through or uploaded to the Application
1.5 You accept that some of the concent contained in this Application may be of a sensitive nature and you agree and acknowledge that by joining this application, you associate yourself with the content, and is familiar with all the surrounding elements which forms part of hunting in general.
1.6 Should any of the content disturb or offend you, we request that you immediately leave the Application.
(collectively hereinafter "Content").
CHANGES TO THE TERMS
We reserve the right to make changes to these Terms from time to time. The amended version of these Terms shall be made available through the Application prior to such modified Terms applying to you. If you do not agree to the amended Terms, you are no longer authorised to use the Application.
3.1 In order to use the Application you agree to create an account by providing accurate, up to date and complete information. You undertake to keep your password secure and confidential and to notify Safari Outdoor immediately if you become aware of any unauthorised use of your account.
3.2 You agree to be solely responsible for all activity that occurs under your account.
4.1 We do not endorse any Content or any opinion, recommendation, or advice expressed therein.
4.2 The Content you submit via the Application must conform to these Terms. You acknowledge that we are under no obligation to review any Content before or after it is made available on the Application. When it comes to our attention that Content is in breach of these Terms, we will be entitled in our sole discretion, but shall be under no duty, to take appropriate steps as we deem necessary, which may include removal, amendment and/or suspension of the account from which the Content was uploaded.
4.3 By uploading Content, you acknowledge that such Content will be freely accessible to other users of the Application and whether or not Content is published, such Content will not be considered confidential. Safari Outdoor reserves the right to utilise the content on any other social media platform and is autohorised to utilise the content in any marketing campaign.
4.4 Content shall not contain:
4.4.1 pornographic, sexual, provocative, obscene or offensive images or references;
4.4.2 profane or vulgar language or images including but not limited to swearing, defamatory or slanderous comments, hate speech and any language or images that discriminate against race, age, disability, gender, nationality, sex, belief, sexual orientation or any other basis;
4.4.3 violent or abusive images or information related to harmful acts or methods for achieving harm or terrorism;
4.4.4 personal information or confidential information of a third party without the user having obtained such third party's consent to the publishing of such information on the Application; or
4.4.5 spam or advertising which we deem in our sole discretion to be excessive or contravening these Terms.
4.5 For optimal use and enjoyment from the Application, you should ensure that the latest version of the Application is installed.
4.6 You understand that the display and layout of the Application may differ depending on the choice of device.
GENERAL RESTRICTIONS ON USE
5.1 Safari Outdoor hereby grants you permission to access and use the Application, subject to the following express conditions which are in addition to the other provisions in these Terms, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part.
5.2 You agree not to:
5.2.1 circumvent, disable or otherwise interfere (or attempt to interfere) with any features or functionality of the Application that are not explicitly provided as alterable features of the Application;
5.2.2 collect or harvest any personal data of any user of the Application (including but not limited to usernames) and not to provide unauthorised personal or confidential information of other users to anyone;
5.2.3 engage in any predatory behaviour, stalking, threats, harassment or invasion of privacy; or
5.2.4 impersonate any other user while using the Application or to log in to the Application with false information.
5.2.5 Modify, download (other than page caching), reproduce, copy, or resell the content or any portion or derivative thereof;
5.2.6 Commercially use the Application, the content or any portion derivative thereof;
5.2.7 Copy or download any User’s account information for the benefit of any third party;
5.2.8 Enable high volume, automated, electronic processes that apply to the Application or its systems;
5.2.9 Use any robot, spider, data miner, scraper or other automated means to access the Application or its systems for any purpose;
5.2.10 Interfere or attempt to interfere with the proper working of the Application;
5.2.11 Bypass any measures used to prevent or restrict access to any portion of the Application;
5.2.12 Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Application;
5.2.13 Use the Application’s domain names, trademarks, services marks or logos in any meta tags or any other “hidden text” or Use the Application for the purpose of posting on or transmitting through the Application any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law; or
5.2.14 Any other unlawful purposes. Safari Outdoor reserves the right to institute Criminal Proceedings against you for the unlawfull use of the Application or the unlawfull distribution of any of the content.
6.1 Submitted Content
6.1.1 IT IS A MATERIAL TERM THAT YOU WARRANT NOT TO SUBMIT ANY CONTENT THAT DOES NOT COMPLY WITH THE TERMS OF THIS CLAUSE 6.1. We shall at all times be entitled to assume such compliance.
6.1.2 BY SUBMITTING ANY CONTENT TO US YOU IRREVOCABLY AGREE TO ASSIGN TO US THE INTELLECTUAL PROPERTY RIGHTS VESTING THEREIN AND TO THIS END IRREVOCABLY MANDATE US IN REM SUAM TO EXECUTE SUCH AGREEMENTS ON YOUR BEHALF AS MAY BE NECESSARY TO GIVE EFFECT TO THE A FOREGOING.
6.1.3 You hereby waive any right to claim authorship of such Content and any Intellectual Property contained therein and any right to object to the distortion, mutilation or other modification thereof.
6.1.4 Pending the assignment set out in clause 6.1, you irrevocably:
126.96.36.199 grant to Safari Outdoor a perpetual, worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display and perform that Content and any Intellectual Property contained therein for any purpose including but not limited to promoting any products or services of Safari Outdoor and redistributing the Application (and derivative works thereof) in any media formats and through any media channels; and
188.8.131.52 grant to each user of the Application, a worldwide, non-exclusive, royalty-free licence to access your Content and any Intellectual Property contained therein through the Application or any website of Safari Outdoor, or such other means as Safari Outdoor has designated for this purpose in writing.
6.2 The Application
6.2.1 You agree that all right, title and interest in the Application and any improvements thereto shall vest in Safari Outdoor and their licensors and you shall not obtain any entitlement or right of use thereof unless and to the extent expressly permitted in these Terms.
6.2.2 You acknowledge that the Application contains content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under international and local copyright laws, and Safari Outdoor owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as otherwise permitted by the fair use privilege under the South African copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
LIMITATION OF LIABILITY AND INDEMNITY
7.1 We provide the Application on an "as is" basis and make no representations or warranties as to its operation.
7.2 In particular we do not represent or warrant to you that:
7.2.1 your use of the Application will meet your requirements;
7.2.2 your use of the Application will be uninterrupted, timely, secure or free from error;
7.2.3 any information obtained by you as a result of your use of the Application will be accurate or reliable; or
7.2.4 that defects in the operation or functionality of the Application will be corrected.
7.3 AS FAR AS THE LAW ALLOWS, WE ARE NOT LIABLE TO YOU FOR ANY LOSSES YOU MAY SUFFER, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFIT OR REVENUE, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES SUFFERED, AS A RESULT OF YOUR USE OF THE APPLICATION OR CONTENT, OR RELIANCE ON ANY INFORMATION OR CONTENT OBTAINED FROM THE APPLICATION, WHETHER OR NOT SAFARI OUTDOOR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. THE LIMITATIONS OF LIABILITY IN THESE TERMS SHALL APPLY TO SAFARI OUTDOOR, ITS EMPLOYEES, AGENTS AND DIRECTORS.
7.4 YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING LEGAL FEES AND COSTS ON AN ATTORNEY AND OWN CLIENT SCALE) TO THE FULLEST EXTENT ALLOWED BY LAW IN THE EVENT OF ANY CLAIM AGAINST US ARISING DIRECTLY OR INDIRECTLY FROM YOUR BREACH OF THESE TERMS, YOUR USE OF THE APPLICATION AND ANY PURPORTED REVOCATION OF THE IRREVOCABLE MANDATE CONTAINED IN CLAUSE 6.1.
7.5 Your access to the Application depends on your use of telecommunications networks and devices that are outside of our control. It is your responsibility to select the best networks and devices. We currently provide the Application for free on mobile devices, but please be aware that your mobile network operator's normal rates and fees will still apply in respect of data usage.
7.6 Content may include hyperlinks to web sites that are not owned or controlled by us.
7.7 SAFARI OUTDOOR HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD PARTY WEBSITES. You acknowledge and agree that Safari Outdoor is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
7.8 We will not be responsible for any connectivity issues with your service provider's network and/or Wi-Fi which may negatively impacti your access to the Application or prevent you from accessing to the Application.
8.1 We use your personal information, including information you submit to us to create your user account, to deliver the Application services, to maintain our systems related to the Application, to improve our service offering to you and to improve your user experience on the Application. In order to do so, you agree that we are authorised to share your personal information with developers, service providers and those of our employees who require access to our users' personal information to do their jobs. We will have agreements with these parties to make sure they protect your personal information in terms of the law.
8.2 We may request your authorisation to use various features on your device through our Application. However, we will never use the access granted by you for any reason other than the purpose we have communicated to you. We shall at all times endeavour to maintain your right to privacy.
8.3 From time to time we shall use your personal information to view statistics about use of the Application but such statistics will be aggregated information and you will not be identifiable from them.
8.4 You acknowledge and agree that from time to time it may be necessary for us to process your personal information on servers in other countries.
8.5 If you upload Content containing personal information then you acknowledge that such personal information is in the public domain and that it is your responsibility to carefully consider whether to include personal information in your Content. ACCORDINGLY, YOU INDEMNIFY US IN RESPECT OF ANY CLAIM, WHETHER FROM YOU OR FROM A THIRD PARTY, FOR PUBLISHING SUCH PERSONAL INFORMATION.
8.5 Safari Outdoor has out all reasonable security safeguards in place to protect your login details, personal or confidential information provided by you to Safari Outdoor through the Application. However while we will take all reasonable steps to prevent security breaches in respect of the Application, you hereby accept that any information sent over an unsecured link or communication system is susceptible to unlawful monitoring, interception or access by a third party, for which Safari Outdoor will not be responsible. Should you become aware, or reasonably should have become aware, of any breach in security in terms of which your personal information may be jeopardized, you should immediately inform us of such breach.
9.1 We may terminate our agreement with you immediately and without further notice if:
9.1.1 you breach any provision of these Terms;
9.1.2 we are required by law to do so (for example where a change in legislation makes the operation of the Application unlawful); or
9.1.3 if we decide in our sole discretion to discontinue the Application.
10.1 All rights not expressly granted to you are reserved by Safari Outdoor. No right granted to you shall be capable of being assigned to any other party without our written consent.
10.2 Each of these terms is capable of being enforced on its own and if one term is unenforceable it will not affect the remaining terms.
10.3 If for some reason we do not enforce any of these Terms it does not mean that we have waived any of our rights, unless we have stated so in writing. These Terms constitute the whole agreement between you and us regarding your use of the Application and no other agreements, representations or warranties relating to the Application or shall be binding on us unless reduced to writing.
10.4 These Terms shall be governed by the laws of the Republic of South Africa and you agree that the High Court of South Africa, Gauteng Local Division, Pretoria, shall have exclusive jurisdiction to hear any disputes that may arise from these Terms.