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legal.html
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---
layout: generic
title: Legal terms
simple-name: legal
---
<section class="legal-terms">
<div class="row">
<div class="col-md-10">
<p>We are the owner of this website. These are our legal terms, including our:</p>
<ul>
<li><a href="#terms">terms of use and service</a> – which you agree to by visiting this website and using the services we provide on the website;</li>
<li><a href="#privacy">privacy policy</a> – which you agree to by visiting the website and using the services we provide on it.</li>
</ul>
<p>We may change any of these terms at any time by updating this web page and placing a notice in a prominent place on the website. If you have any questions about our legal terms, please <a href="/contact.html">contact us</a>.</p>
</div>
</div>
<span class="anchor" id="terms"></span>
<h2>Terms of Use and Service</h2>
<div class="table-of-content">
<a href="#1a">1. Introduction and acceptance</a>
<a href="#2a">2. Licence and services</a>
<a href="#3a">3. Framing</a>
<a href="#4a">4. Virtual agents</a>
<a href="#5a">5. Prohibited conduct</a>
<a href="#6a">6. Restrictions</a>
<a href="#7a">7. Capacity</a>
<a href="#8a">8. Accurate information</a>
<a href="#9a">9. Ownership</a>
<a href="#10a">10. Trademarks</a>
<a href="#11a">11. Intellectual property</a>
<a href="#12a">12. Disclaimer and indemnity</a>
<a href="#13a">13. Limitation of liability</a>
<a href="#14a">14. Breach and termination</a>
<a href="#15a">15. Entire agreement</a>
<a href="#16a">16. Changes to terms</a>
<a href="#17a">17. Waiver</a>
<a href="#18a">18. Severability</a>
<a href="#19a">19. Governing law</a>
<a href="#20a">20. Jurisdiction</a>
</div>
<span class="anchor" id="1a"></span>
<h3>1. Introduction and acceptance</h3>
<p>These terms of use and service manage the relationship between you (user of the website) and us (website owner) when you use the website or the services this website provides. You may not use the website or its services if you do not agree to be legally bound by these terms of use, and any other terms or policies on this website.</p>
<span class="anchor" id="2a"></span>
<h3>2. Licence and services</h3>
<p>We give you a revocable and limited license to use our services in accordance with these terms. You must also have the necessary infrastructure, equipment, and software to access the services. We will do our best to make the services available at all times, however we cannot guarantee that they will always be available.</p>
<p>You may only use the services for the specified purposes that we’ve communicated to you on the website, from time to time. We provide the services free of charge, and we may monitor your use of the services for security and operational purposes.</p>
<span class="anchor" id="3a"></span>
<h3>3. Framing</h3>
<p>You may not frame this website, or embed content from this website unless we specifically indicate that you may do so, and you do so through the mechanisms we provide.</p>
<span class="anchor" id="4a"></span>
<h3>4. Virtual agents</h3>
<p>You may not use any technology to gain any information from this website without our permission, except as allowed by any licences that may apply to the relevant code, data or content.</p>
<span class="anchor" id="5a"></span>
<h3>5. Prohibited conduct</h3>
<p>You may not use, or help others to use, the website or its services to interfere with the connections or security of networks, systems, or other users. You may not perform any actions, or help others to perform any actions, that may damage the website, its services, connections or security in any way.</p>
<span class="anchor" id="6a"></span>
<h3>6. Restrictions</h3>
<p>You may not change, hire out, reverse engineer, or copy this website outside of the licences granted for the code, data or content of the website. The applicable licences will be indicated on the website.</p>
<span class="anchor" id="7a"></span>
<h3>7. Capacity</h3>
<p>By using the website or the services, you warrant that you are 18 years old or have the capacity to enter into legal agreements. If you are younger than 18 years old or do not have the capacity to enter legal agreements, you must not use the website or the services, unless you have the permission of your parent or legal guardian, in which case the terms and policies on this website apply to them on your behalf.</p>
<span class="anchor" id="8a"></span>
<h3>8. Accurate information</h3>
<p>You promise that you will give this website only accurate information.</p>
<span class="anchor" id="9a"></span>
<h3>9. Ownership</h3>
<p>We or our third party licensors own all rights in this website.</p>
<span class="anchor" id="10a"></span>
<h3>10. Trademarks</h3>
<p>All our trademarks are our property and you may not use them without our permission. All other trademarks are their respective owners' property.</p>
<span class="anchor" id="11a"></span>
<h3>11. Intellectual property</h3>
<p>We or our third party licensors own all proprietary and intellectual property rights in our services, trademarks and the technology we use to provide the services to you.</p>
<p>We collect and provide the information for the informational and educational benefit of our users. We may not own the copyright in some of the information that we provide through the website or the services. In this case we will indicate the copyright owner of this information on the website or the services, where appropriate, and any licence that may apply to the use of this information. You are not allowed to reproduce this information without the permission of the original copyright owner.</p>
<span class="anchor" id="12a"></span>
<h3>12. Disclaimer and indemnity</h3>
<p>You use the website and its services at your own risk and we disclaim all warranties to the extent allowed by applicable law. We are not responsible for the completeness, accuracy, or reliability of any information that we provide through the website or the services. We are also not responsible for, and you indemnify us against, any loss you suffer as a result of placing reliance on the services or any information we provide you through the website or the services. We are not liable for any defect that you cause.</p>
<span class="anchor" id="13a"></span>
<h3>13. Limitation of liability</h3>
<p>Our maximum liability to you for all claims for direct damages related to the use of the website or the services we provide through it is R100. We will never be responsible for any indirect damages arising from providing the services to you, or from your use of the website.</p>
<span class="anchor" id="14a"></span>
<h3>14. Breach and termination</h3>
<p>We may cancel your licence for any reason, and stop providing the services to you, in which case you will not have the right to access them.</p>
<span class="anchor" id="15a"></span>
<h3>15. Entire agreement</h3>
<p>The terms are the entire agreement between the parties on the subject.</p>
<span class="anchor" id="16a"></span>
<h3>16. Changes to terms</h3>
<p>We will notify you of any changes by placing a notice on a prominent place on the website. If you do not agree with the changes, you must stop using the website and its services. If you continue to use the website and its services following notification of a change, the changed terms will apply to you and you will be deemed to have accepted them.</p>
<span class="anchor" id="17a"></span>
<h3>17. Waiver</h3>
<p>Any favour we may allow you will not affect any of our rights against you.</p>
<span class="anchor" id="18a"></span>
<h3>18. Severability</h3>
<p>Any term that is invalid, unenforceable, or illegal may be removed from the agreement without affecting the rest of it.</p>
<span class="anchor" id="19a"></span>
<h3>19. Governing law</h3>
<p>South African law governs this agreement.</p>
<span class="anchor" id="20a"></span>
<h3>20. Jurisdiction</h3>
<p>Only the South African courts may decide any dispute about the terms.</p>
<hr>
<span class="anchor" id="privacy"></span>
<h2>Privacy Policy</h2>
<div class="table-of-content">
<a href="#1b">1. Purpose</a>
<a href="#2b">2. Personal information</a>
<a href="#3b">3. Acceptance</a>
<a href="#4b">4. Purpose for collection</a>
<a href="#5b">5. Consent to collection</a>
<a href="#6b">6. Use</a>
<a href="#7b">7. Sharing and disclosure</a>
<a href="#8b">8. Security</a>
<a href="#9b">9. Retention</a>
<a href="#10b">10. Transfer</a>
<a href="#11b">11. Updating or removing</a>
</div>
<span class="anchor" id="1b"></span>
<h3>1. Purpose</h3>
<p>This policy describes the way we handle your personal information when you visit our website or use the services we provide.</p>
<span class="anchor" id="2b"></span>
<h3>2. Personal information</h3>
<p>Personal information includes information you may provide to us when you sign up to our website or newsletter, or automatically when you visit our website or use the services. Personal information does not include de-identified or anonymous information. We may also collect mainly analytical data, including from cookies, web beacons and your browser directly.</p>
<span class="anchor" id="3b"></span>
<h3>3. Acceptance</h3>
<p>You may not use any of our services or visit the website if you do not accept this policy.</p>
<span class="anchor" id="4b"></span>
<h3>4. Purpose for collection</h3>
<p>We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.</p>
<span class="anchor" id="5b"></span>
<h3>5. Consent to collection</h3>
<p>We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.</p>
<span class="anchor" id="6b"></span>
<h3>6. Use</h3>
<p>You own all your personal information, but give us a right to use it to provide the services to you, monitor your use of the website, and make any improvements to the website and the services for the benefit of all our users. We may use your contact information provided to contact you with product or user research messages. We take the protection of your data very seriously and will always do everything reasonably possible to comply with all relevant laws that affect your data.</p>
<span class="anchor" id="7b"></span>
<h3>7. Sharing and disclosure</h3>
<p>We may share your personal information with third parties for the purposes of fulfilling our obligations to you. We will not disclose your personal information to third parties for any other reason, unless required to do so for legal reasons or if we have your consent.</p>
<span class="anchor" id="8b"></span>
<h3>8. Security</h3>
<p>Our website is hosted on a secure server and uses reasonable security measures to prevent unauthorized interference by intruders.</p>
<span class="anchor" id="9b"></span>
<h3>9. Retention</h3>
<p>We will only retain your personal information for as long as is necessary.</p>
<span class="anchor" id="10b"></span>
<h3>10. Transfer</h3>
<p>We may transfer your personal information outside South Africa to a foreign country.</p>
<span class="anchor" id="11b"></span>
<h3>11. Updating or removing</h3>
You may choose to update or remove the personal information you have submitted to us by contacting us at <a href="mailto:actiontakers@openup.org.za">actiontakers@openup.org.za</a>.
</section>