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Weavr Terms and Conditions

Welcome to Weavr.

Weavr Technologies (PTY) LTD (“Weavr”) provides an online platform for schools, students, teachers and parents to effectively communicate and collaborate with each other (“Services”). The use of this Website (https://www.weavr.co.za) and any related software applications (“Weavr Platform(s)”) is governed by these terms and conditions (“Terms“). In these Terms; “we”, “us”, “our” and “Weavr” refers to Weavr and its respective agents, servants, officers and employees. The terms “you” “your”, “User” shall refer to you as the Weavr Platform User and shall include schools, teachers, students and parents. By using the Weavr Platform, you confirm that you accept these Terms of use, and that you agree to comply with them.

Users are hence advised to review these Terms and our Privacy Policy prior to use of the Weavr platforms. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Weavr Platform(s).

Prohibited Activities

The content and information available on the Website and Weavr Platform(s) are proprietary to Weavr or licensed to Weavr by third parties. Users agree that they shall not engage in any of the following activities in connection with the use of the Website and Weavr platforms:

  • post information on Weavr Platforms that is obscene, defamatory, threatening or malicious in nature or any other material that is prohibited by law;
  • publish any copyright material, or material protected by any other intellectual property rights, unless legal right to use and post such material has been obtained and is valid at the time of posting;
  • infringe or use Weavr’s brand, logo(s) and/or trademark(s) in any business name, e-mail, URL or other context unless expressly approved in writing by the owner of the intellectual property as applicable;
  • attempt to circumvent any protective technological measure associated with the Services;
  • violate the restrictions of any robot exclusion headers on the Weavr Platforms or bypass or circumvent their measures employed to prevent or limit access to the Service;
  • access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these Terms or without express authorisation from Weavr;
  • attempt to access or search the Weavr Platforms or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
  • download any content unless it’s expressly made available for download by Weavr;
  • post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
  • impersonate or misrepresent your affiliation with another person or entity;
  • harvest or otherwise collect information about others, including telephone numbers for unlawful purposes;
  • interfere with or disrupt any of the associated computer or technical delivery systems;
  • interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Weavr Platforms;
  • modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Weavr Platforms;
  • use the Website or Weavr Platform(s) in any manner not permitted by these Terms.
  • Users agree not to use the the Weavr platform(s) in any way or action that may:
    • cause damage to, or impair the performance of the Weavr platform(s), inclusive of its availability and accessibility to Users and Weavr;
    • be illegal, fraudulent or harmful to any person or company in any direct or indirect manner; and
    • result in the user copying, storing, hosting, transmitting, sending, using, publishing or distributing any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

Warranties and Representations

  • You agree and acknowledge that the Services are provided on an “as is” basis. Except as otherwise specifically set forth herein, Weavr does not make, and hereby disclaims any and all warranties express or implied, including without limitation implied warranties of merchantability, quality, fitness for a particular use or purpose, technical performance, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade and services.
  • We make no warranty that the Website or the Weavr Platform(s) will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty as to the accuracy, timeliness, completeness or reliability of any content or communication obtained through the Weavr Platforms(s). No information provided through the Weavr Platform(s) or by us in oral or written form will create any warranty herein. Your reliance upon the content obtained or used by you through the Weavr Platform(s) is solely at your own risk.
  • Weavr do not endorse any content posted, submitted or otherwise provided by any User, or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection with such content. You agree that we are not responsible for the accuracy, consistency or completeness of information uploaded and displayed on our Services by the schools.
  • Weavr takes no responsibility and assumes no liability for any content or communication posted, stored, transmitted or uploaded to the Services by parents, students and the schools or any third party (in the case of any and all content more generally), or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
  • As a provider of interactive services, Weavr is not liable for any statements, representations or any other content provided by its Users on the Services. Although we have no obligation to screen, edit or monitor any of the content posted to or distributed through any interactive area, We reserve the right, and have complete discretion, to remove, screen, translate or edit without notice, any content posted or stored on the Services at any time and for any reason. You are solely responsible for creating backup copies of and replacing your content.
  • The User acknowledges that Weavr may store, record or document any information exchanged between Users and Weavr, and that Weavr uses the most up-to-date applications and security systems to ensure that all data entered online, through the Weavr Platforms, is encrypted.
  • Users must ensure the accuracy and authenticity of any and all the information they supply to us through the Weavr Platform(s) including, but not limited to personal data as well as information supplied by the User on behalf of any third-party the User wishes to refer to Weavr.
  • Users accept responsibility for the quality of any information supplied in any form, whether text, audio, video, or as images. We shall not be held responsible for any misinterpretation of information due to unclear images, videos or audio or ambiguously worded text.
  • The User acknowledges that Weavr will process personal data including but not limited to names and E-mail addresses in order to provide the Services, make improvements to the Weavr platforms and prevent unauthorised use of the Weavr platforms.
  • The User agrees that Weavr is not responsible now or at any time in the future for any unauthorised access including, but not limited to any virus or other harmful code that may infect the User’s computer, tablet, smartphone or any other such device as a result of using the Weavr Platform(s).
  • The User shall be responsible for obtaining, maintaining and setting up any equipment and/or hardware required to access and use the Weavr Platforms and the User shall take responsibility for the protection of this equipment and/or hardware by using up to date virus protection, personal firewalls and any other suitable measures the User deems necessary.
  • The User understands that Weavr cannot be held liable in the event the Weavr Platform(s) transmits information that has been accessed, altered and/or corrupted.
  • The User accepts that Weavr may be required to suspend access to the Weavr Platforms for periodic maintenance or unforeseen downtime and may do so at its own discretion without serving notice.
  • All interactions between Users and/or Users and Weavr must be carried out in a responsible, ethical, professional and legal manner.
  • We may do any or all of the following without notice:
    • record or pre-screen submissions to public areas within the Weavr Platforms;
    • investigate your use of the Weavr Platforms as we deem appropriate to comply with any applicable law, regulation, government request or legal process;
    • terminate your access to the Weavr Platform(s), and suspend your Account temporarily or indefinitely, upon our determination that you have violated these Terms; and
    • edit the Weavr Platforms and any Content without notice.
  • When a User visits the Weavr Platforms or sends us e-mails, they are communicating with us electronically, and they hereby consent to receiving communications from us electronically. We will communicate with Users by e-mail. Users agree that all agreements, notices, disclosures and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with their current and active e-mail address.
  • We may share Users’ personal information with Weavrs affiliates and partners and third parties licensed to access User personal information. We sometimes provide aggregated usage or tracking information collected from the Weavr Platforms to third parties. We may also provide certain User personal information to third parties which provide services to us in operating the Weavr Platforms or our businesses, such as account services, web hosting, software development and information processing.
  • We hereby exclude any and all other representations and warranties relating to the subject matter of these Terms, the Weavr Platforms and use of the Weavr Platforms in any manner other that expressly stated herein.

Amendments

  • We may update and change our Weavr Platform(s) from time to time to reflect changes to our Services, our User’s needs and our business priorities. Revised Terms and Conditions will apply to the use of this Weavr Platforms from the date of its publication. This may be done without notice. Please check this page regularly to ensure that you are familiar with the current version of the Terms and Conditions.

Third Parties

  • The Weavr Platform(s) may include advertisements with external links on separate web pages (“External Sites”). Once you click on these External Sites, you will leave the Weavr Platforms. We do not investigate, review, endorse, represent or control the content of any of External Sites, nor are we liable for any consequences you may face as a result of accessing these External Sites.
  • We may also select certain websites as priority responses to search the terms that you enter, and we agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend, nor do we endorse the content on any third-party Websites. We are not responsible for the content of linked third-party Websites framed within our Weavr Platform(s), third-party Weavr Platformss provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party Websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any service advertised on the Weavr Platforms.
  • We reserve the right at all times to disclose any information that you may provide to us through the Weavr Platform(s), to our legal representatives and advisors and any governmental or federal authority as applicable.

Limited Liability

  • To the extent permitted under applicable law, you hereby waive and release us from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise whilst using our Services. This includes, negligence, inherent and unforeseen risks, injury or damage to persons or property and the actions of third parties.
  • We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer and mobile equipment, programs, data or other proprietary material due to your use of our Weavr Platforms or to your downloading of any material posted on it.
  • Users are responsible for taking all reasonable steps to ensure that no unauthorised person receives access to your passwords or Account(s). You grant us and all other persons or entities involved in the operation of the Weavr Platform(s) and Weavr a right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Weavr Platform(s). We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Weavr Platforms tools and services.
  • You understand and agree that in no event shall Weavr, its owners, directors, employees, agents, licensors, or representatives be held liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the content or any including, without limitation, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, or from:
    • the use or inability to use the Website or the Weavr Platform(s)
    • unauthorised access to or alteration of your content and Account;
    • communication between the school and parents;
    • inaccurate information provided on the Services;
    • any communications, interactions or meetings with other Users;
    • any other matters relating to the Services, Weavr Platforms, and Weavr Platforms, whether based on warranty, intellectual property, contract, delict (including negligence), product liability or otherwise.
  • We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer and mobile equipment, programs, data or other proprietary material due to your use of our Weavr Platform(s) or to your downloading of any material posted on it.
  • Weavr merely provides an online platform for communication between schools, students and parents; and disclaims responsibility and liability for any communication, or lack of, between the school, student and parent Users.
  • We will not be held liable for any content uploaded onto or downloaded from the Weavr Platform(s). Any content uploaded to or downloaded from the Weavr Platforms and/or Weavr Platform(s) shall be the sole responsibility of the Users. Weavr shall not be held liable for any content which has been lost, stolen, destroyed, or otherwise whether uploaded to or downloaded from the Weavr Platforms with or without the consent of the Users.
  • We shall not be held responsible for the quality, accuracy or legitimacy of any information provided and communicated between the Users through the Services. You hereby acknowledge and agree that your acceptance of information provided through Weavr is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information, conversations or content thereof made available to you.
  • Users agree that they will not bring any claim against Weavr or any of our directors, affiliates, partners, officers, agents, employees and/or representatives in respect of any losses they suffer in connection with the Weavr Platforms, WeavrPlatform(s), or these Terms.

Indemnity

  • Users agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Weavr Platforms and the Weavr Platform(s), or your violation of these Terms.
  • Restriction of Access:
    • We reserve the right to ban, disqualify, or otherwise restrict access to the Weavr Platforms of any User who has been found to have violated the Terms herein, under the sole discretion of Weavr, or who is otherwise found to have violated any laws or regulations of any relevant and applicable governing authority with regards to appropriate online conduct and behaviour.
  • Modification and Termination:
    • Users agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Weavr Platforms (or any part thereof) and remove any content that has been made available to you through the Weavr Platform(s), with or without notice, for any of the following reasons (which are not intended to be exclusive):
    • breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines entered into with Weavr;
    • requests by law enforcement or other government agencies;
    • discontinuance or material modification to the Services (or any part thereof);
    • technical or security issues or problems;
    • extended periods of inactivity; and/or
    • your engagement in fraudulent or illegal activities.
  • Users agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third-party for any termination of your account or access to the Weavr Platforms.

Content

  • Ownership and Intellectual Property Rights
  • Intellectual Property” means all:
    • (i) patents, improvements thereof, patent applications and registrations, Inventions (whether patentable or not)
    • (ii) trademarks, trade names, trade-mark applications and registrations service marks, domain logos and designs;
    • (iii)copyrights, copyright applications and registrations;
    • (iv) trade secrets, know-how and other intellectual property; and
    • (v) computer systems and applications software including all documentation and modifications thereof;
    • (vi) source code.
  • Without prejudice to these Terms, and any implied provisions contained herein, we own, control, license, and reserve all the intellectual property rights and the content used on the Website and Weavr Platform(s). You agree not to use, remove, alter, modify, create derivative works of or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or content. You must not use any part of the content on our Website or WeavrPlatform(s) for commercial purposes without obtaining license to do so from us or our licensors.
  • All content posted on the Weavr Platform(s) or submitted by the Users are protected by the relevant copyright laws. We authorize you to view or download a single copy of the material on the Weavr Platform(s) solely for your personal, non-commercial use if you include the copyright notice located at the end of the material, for example: “©2023 Weavr All rights reserved” and other copyright and proprietary rights notices that are contained in the content. Any special rules for the use of certain software and other items accessible on the Weavr Platforms may be included and are incorporated into these Terms by reference.
  • Any use of the Services, Website and/or Weavr Platform not expressly permitted by these Terms is a breach of these Terms and may violate intellectual property, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Weavr. All rights not expressly granted herein are reserved to Weavr and its licensors.

Your License to use Weavr

  • Upon purchase of the Services, we grant you a personal, limited, non-exclusive and non-transferable license to access and use the Website and/or Weavr Platform(s) only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any matter inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of our content in whole or in part except as expressly authorised by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our content or Intellectual Property Rights.
  • If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any part of the materials. You may also be potentially liable for Intellectual Property Rights infringement based on the circumstances.
  • Weavrs license to User content
    • Upon submission of your content, you hereby grant Weavr a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, assignable, sub-licensable and transferable right to use your content and all Intellectual Property rights therein for any purpose or Use.
    • For the avoidance of doubt, “Use” means use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of schools, allow their users and others to do the same.
    • You grant us the right to use the name or username that you submit in connection with your Account. You irrevocably waive any claims and assertions of moral rights or attribution with respect to your content.
    • We reserve the right, at any time and without prior notice, to remove, block, or disable access to whole or any part of your content that we, for any reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Weavr Platform(s) or our Users at our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of your content to you under any circumstances.
  • School User content
    • Our Services involve communication between schools, parents and students. Please note that your use of our Services will be governed by these Terms, as well as, the relevant schools’ Policies.
    • We have no control over and make no representation or endorsement regarding the schools’ accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We are under no obligation to screen or investigate third party content before or after including it on our Services.

Communication

  • Although Weavr cannot monitor all postings on the site, we reserve the right (but assume no obligation) to delete, move, or edit any postings that violate the Terms. The Weavr Platform(s) is only to be used for its intended purpose. You may not use the content provided through the Weavr Platforms and Weavr in any manner or for any purpose other than that which is expected (i.e. to purchase Weavrs’ Services).
  • Use of the Weavr Platforms’s chat or feedback function for marketing or promotional purposes, or communications of any type soliciting Weavrs’business (directly or indirectly) is strictly prohibited and would represent a gross material breach of these Terms.
  • Discussions between the Users, and Users and Weavr should be conducted in a professional and respectful manner. Abusive or offensive language, discussions which may be deemed as political, discriminative, threatening, sexual or of religious nature, as well as any other inappropriate behaviour which violates our Terms, directed at any person and, under any circumstances, will not be tolerated on our Website or weavr Platform(s) and may result in Account review and action, including temporary or indefinite suspension or termination.
  • You may not post content that endorses or promotes illegal or harmful activities, including obscene content or encouraging activities that may lead to other Users’ harm.
  • Users acknowledge and accept that an actual or threatened breach of any term(s) of this Clause may be penalised by implementing any one or more of the following:
    • Removal/deactivation of their Account from our Weavr Platform(s), and/or
    • Disqualifying their use of our Weavr Platform(s) indefinitely unless a written approval has been obtained by us allowing them to recreate their Account.
  • We shall not be held liable for any loss or damage experienced by any person as a result of implementing the penalties above.
  • We will not be liable for any direct, indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), claims of death or personal injury, costs, expenses or other claims for consequential compensation whatsoever (and howsoever) caused, including slander or personal offence which arise out of use or in connection with the Weavr Platforms’s or Weavr Platform(s) communication or chat functionality.

Force Majeure

  • We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control including (without limitation) acts of God, internet failure, malfunction of data/database/software or otherwise, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving Weavr’s employees), acts of the local/central government, acts of a competent authority, or any other cause beyond its respective control.
  • Miscellaneous:
    • You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.
    • If any provision of these Terms is found to be invalid by any court, the invalidity shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect.
    • We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

Privacy

  • Our Website is designed to enable you to get in contact with our employees to provide you with our Services. To provide the Services, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what information we collect, how we use it and what choices you have when you use our Services.

General

  • This Agreement and the Privacy Policy constitutes the entire agreement between the Parties in respect of the subject matter thereof and no other conditions, warranties and representations shall be of any force or effect other than those, which are included herein.
  • The platform and scope of business is constantly evolving. Weavr may at any time amend these terms and conditions and will give Members reasonable notice of such amendments.
  • No alterations or variation to this Agreement shall be of any force or effect unless it is verified in writing by Weavr.
  • No failure by a Party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way a Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
  • Weavr shall be entitled to without notice to users cede or assign all or any of their rights or obligations under this Agreement without Weavr’s prior, written consent.
  • Users shall not be entitled to cede or assign any of its rights or obligations under this Agreement without Weavrs prior, written consent.
  • In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms shall be severable provided that the remaining provisions shall remain of full force and effect. If any valid term is capable of amendment to render it valid, the Parties agree to negotiate an amendment to render it valid.
  • The termination of this Agreement will not affect those provisions which of necessity must continue to have effect after termination.

Governing Law and Jurisdiction

  • These terms will be governed by and construed in accordance with the laws of South Africa. By using the any Weavr Platforms you expressly content and agree to submit any dispute or claims arising hereunder to the non-exclusive jurisdiction of the High Court of South Africa (Gauteng Local Division).

Contact Information

  • If you have any further questions, contact us via email info@weavr.co.za or on +27 84 392 0281.
  • Users can use the contact information presented on the Weavr Platforms or in this Clause, to submit an inquiry to get in touch with any personnel or staff of Weavr to purchase our Services.