PLEASE READ CAREFULLY BEFORE DOWNLOADING OR INSTALLING THE APPLICATION
1.1 These Terms are a legally binding agreement between you and Human Sciences Research Council (“HSRC” "us" 'we" "our"). This Agreement is for your use of the Application and the Software managed by HSRC.
1.2 HSRC licences the use of the Application to you on the basis of these Terms and your use of this Application is also subject to any rules or policies applied by, if applicable, any application store provider ("Google Play Store and Apple App Store Rules") from whose application store you downloaded the Application ("Google Play Store and Apple App Store").
1.3 We do not sell the Application to you under these Terms and we remain the owner of the Application at all times.
1.4 This Application requires a compatible smartphone or tablet ("Device") that enables Internet access and compatible operating systems such as iOS Android.
1.5 If the Device does not belong to you, by accepting these terms you confirm that you have obtained permission from the owner of the Device to download or install a copy of the Application onto the Device.
1.6 This Application is not targeted at persons under the age of 18. We encourage parents to supervise their child's use of the Application and we will accordingly not be held liable for any loss or damage as a result of the use of the Application by persons under the age of 18.
1.7 Before you continue using our app we advise you to read our privacy policy https://hsrc.ac.za/privacy-notice/ regarding our user data collection. It will help you better understand our practices.
2.1 "Application" means the HSRC Mobile App mobile application software and associated media.
2.2 "HSRC" or "we" or "us" means Human Sciences Research Council a Statutory Body established in terms of the Human Sciences Research Council Act (Act No. 17 of 2008). Situated at 134 Pretorius Street Pretoria South Africa 0002.
2.3 "Software" means the software and other media enabling the use of the Application.
2.4 "User" or "you" means any person who accepts installation of the Software or uses the Application.
2.5 References to the singular includes the plural and vice versa.
2.6 Links contained in these Terms to other documents should be deemed part of these Terms in terms of section 11(3) of the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act"). Although links may from time to time be non-operational this shall not affect the validity and interpretation of these Terms.
2.7 Any words or phrases not defined in these Terms but defined in the ECT Act will bear the same meaning given to them in the ECT Act.
2.8 A copy of the ECT Act can be viewed and downloaded at https://www.gov.za/sites/default/files/gcis_document/201409/a25-02.pdf. It is your responsibility to ensure that the copy downloaded is the most recent version of the ECT Act.
2.9 Clause headings are for convenience and not to be used in interpreting these terms and conditions.
3. By creating an account on the app you accept the terms and conditions of use. You will then be registered on our HSRC database as a User of the Application.
4.1 HSRC grants users a non-transferable non-exclusive licence to use the Software and the Application on your Device subject to these Terms and where applicable the Google Play Store and Apple App Store Rules. HSRC reserves all other rights.
4.2 The rights granted to users are revocable which means that HSRC can take back such rights at any time. HSRC only supply the Software and Application for personal use.
4.3 Content made available on Application may not be used or exploited by Users for any commercial business resale or non-personal purposes without the prior written consent of HSRC. You may not transfer your rights to use the Application to a third party.
4.4 The User is permitted to use the Application for lawful purposes only.
4.5 Any unauthorised use of the Application may lead to HSRC instituting legal proceedings against the User.
4.6 Although the Application is provided free of charge by HSRC the User recognises that there may be a data charged by the User's service provider in respect of the use of the Application. It is the User's responsibility to acquire and maintain at their own cost the necessary accessories and third party services including but not limited to Internet access to use the Application.
5.1 Users acknowledge that:
5.2 Users have no rights to access the Application in source code form.
6.1 HSRC may amend these Terms (including its privacy policy in paragraph 7 below) at any time by communicating same to the Device. All amended terms shall automatically become effective immediately after they are notified to the User and any subsequent use of the Application or any other services shall be governed by such amended terms. If the User does not accept the amended Terms the User must uninstall and cease using and/or accessing the Application at any time.
6.2 HSRC reserves the right at any time to change or discontinue any aspect or feature of the Application including but not limited to content, hours of availability and equipment needed to use the Application.
7.1 HSRC undertakes to take all reasonable steps to protect the personal information of Users and is committed to protecting and respecting your privacy in accordance with applicable data protection legislation including the Protection of Personal Information Act 4 of 2013.
7.2 Users agree that HSRC may collect, collate, process and/or store User's personal information for, amongst other things, providing Users access to the Application and to the extent applicable and subject to where applicable any Google Play Store and Apple App Store Rules and for any purposes set out in paragraph 7.3 below.
7.3 The types of personal information that HSRC may collect includes information necessary for our legitimate business interest including research purposes and the categories of personal information identified in the relevant data protection laws in the Republic of South Africa.
7.4 HSRC collects, stores and uses the information referred to in paragraph 7.3 for the following purposes:
7.5 The information is provided voluntarily by the User or is collected electronically.
7.6 HSRC may collect, maintain, save, compile, share and disclose any information collected from Users subject to the following provisions:
7.7 HSRC owns and retains all rights to non-personal statistical information collected and compiled by HSRC.
7.8 HSRC will take all reasonable measures to ensure that the use of the Application is protected from unauthorised access and that personal information provided by and collected from Users is not disclosed to any unauthorised third parties. HSRC cannot however guarantee that these measures will ensure that your information will always be 100% secure.
8. You, the User, acknowledge and consent that you use the Application and the information and the Software entirely at your own risk and that HSRC and their affiliates or other persons for whom they in law may be liable to will not under any circumstances be liable to Users for any loss or damages (including but not limited to consequential, direct, indirect, special, punitive or incidental damages and damages or losses of any other kind).
9.1 The User agrees that in the event of a dispute or alleged breach by HSRC the User will in good faith work together with a duly authorised representative of HSRC to attempt to resolve the dispute.
9.2 If the dispute is not so resolved within 30 (thirty) calendar days the User or HSRC may refer the dispute to an arbitrator appointed by the Arbitration Foundation of Southern Africa ("AFSA") for final resolution in accordance with the rules of AFSA provided that there shall be no right of appeal. Neither the User nor HSRC shall in any way be precluded from obtaining interim relief on an urgent basis from a South African court of competent jurisdiction pending the decision of the arbitrator.
10.1 These Terms constitute the entire agreement between HSRC and the User and shall take precedence over any communications and/or postings received by HSRC from the User.
10.2 If HSRC fails to insist that a User perform any of their obligations under these Terms or if HSRC does not enforce its rights against a User or if HSRC delays in doing so that will not mean that HSRC has waived its rights against such User and will not mean that such User does not have to comply with those obligations. If HSRC does waive a default by a User HSRC will only do so in writing and that will not mean that HSRC will automatically waive any later default by such User.
10.3 HSRC may transfer its rights and obligations under these Terms to another organisation but this will not affect a User's rights or HSRC's obligations under these Terms.
10.4 In the event that any Terms detailed herein are found unenforceable or invalid for any reason such term(s) or condition(s) shall be severable from the remaining Terms. The remaining Terms shall remain enforceable and applicable.
11. By using the Application, Users agree that these Terms create a binding contract between HSRC and the User even though the Terms are wholly or partly in the form of a data message. Users agree specifically that: