1. This Website

This Website (“Website”) allows users, donors, clients and all visitors to the Website (“you/your”) to engage, access and share information about Reach Digital Health NPC (“Reach”), its affiliates, partners, donors, beneficiaries, projects and people.

This Website includes information created and published by Reach and third parties, such as text, messages, images, photographs, graphics, audio and video, data, tags, articles, templates, software, services, logos, databases, icons, hyperlinks, designs, agreements, multimedia works, features, functionality and tools (“Content”).

2. Acceptance of these Terms

These terms of use (“Terms”) apply to your access, use of this Website and the Content in addition to any further or different disclaimers, legal notices, agreements, terms and conditions that apply to your use to any particular Content. 

These Terms form a legally binding agreement between you and Reach. By accessing or using this Website and/or the Content, you accept and agree to abide by these Terms. Should you not agree to these Terms, you must immediately leave this Website and not attempt to access or use this Website or Content. 

Reach reserves the right to amend and/or replace any of, or the whole of these Terms. Any such amendments will replace any previous Terms and will be made available on this Website. Each time you access this Website and/or use the Content, you consent, by such access and/or such use, to these Terms, as amended or replaced from time to time. If you are not satisfied with the amended Terms, please refrain from using this Website. 

3. Changes to this Website

Reach reserves the right to change any aspect of the Content on this Website or to discontinue any aspect or feature of this Website or any of the Content or to change the software and hardware required to access and use this Website. 

You are required to regularly access this Website to keep yourself advised of changes.

4. Third Party and User Content Uploaded to Reach’s Website

Reach provides interactive areas on the Website, in which you/other website users can  post communications from time to time. Reach does not claim ownership of any of these communications that you or any other users post, upload or submit to this Website, whether in the form of an article, documentation, graphics, images, marketing material, video, audio, messages, feedback or tags (“Content”), whether publicly posted or privately transmitted. Under no circumstances will Reach be liable in any way for any such Content, including any errors or omissions in any Content, or any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Website. 

By posting uploading or transmitting any Third Party Content to or on this Website, you:

• Automatically grant Reach and its affiliates a non-exclusive, worldwide, fully paid up and royalty-free, perpetual, irrevocable right and license to use, reproduce, amend, publish, translate, sub-license, copy and distribute this Third Party Content in whole or part worldwide, and to incorporate it in other works in any form, media or technology now, or later, for the full terms of any copyright that may exists in such Third Party Content and

• Warrant to Reach that you have the right, title and/or authority to grant such license to Reach.

• Reach is not obliged to monitor, check or examine the Third Party Content that you or any other users post, upload and submit to this Website. 

• Reach can delete the posted or published Third Party Content for any reason and without notice to you.

In posting Third Party Content, you represent and warrant to Reach that:

1. You have the right to make available your Third Party Content on this Website;

2. The Third Party Content does not infringe the Intellectual Property rights (as defined below) of any other person;

3. The Third Party Content is not unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar obscene, sexually explicit, profane, or hateful or racially, ethnically or otherwise objectionable in any way or violate the rights of others;

4. Your Third Party Content does not damage or cause malicious computer programming routines (such as software viruses, trojan horses, worms, time bombs, cancelbots, corrupted files or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property); 

5. Your Third Party Content does not include any unsolicited or unauthorised advertising, promotional materials, surveys, spamming or any other form of solicitation, commercial or otherwise and

6. You will not forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Third Party Content transmitted through this Website.

5. Acceptable Use of this Website and other Restrictions

You agree not to use our Website or Website services for any illegal purpose, any other purpose not permitted in these Terms or otherwise authorised on the Website.

You cannot modify, adapt, license, publish, copy, reproduce, sell or translate any part of this Website.

You further agree not to, and you agree that you will not directly or through a third party:

• Reverse-engineer, decompile, create derivative works of, modify, disrupt or otherwise tamper or disassemble the technology Reach uses to provide its Website (and/or related services) or otherwise attempt to obtain Reach’s Website source code or tamper with any of Reach’s security features, including altering any digital rights management functionality of the Website;

• Interfere with or damage Reach’s website or its servers through the use of viruses, bots, Trojans, harmful code, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technologies that cause harm to Reach’s website; 

• Remove any identification, trademark, copyright or other notices from this Website or any Content downloaded from this Website;                                                                                                 

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

• Breach or violate any applicable local, state, national or international law and any regulations;

• Gather, collect or store personal information or data of other users except if such other users have given their written consent to your gathering, collection and/or storage of their personal information or data and

• Provide links to this Website without first obtaining Reach’s prior written consent and, if asked by Reach for any reason whatsoever, to discontinue using or sharing such a link.

6. Security

In order to ensure the security and reliable operation of this Website and the Content to all users of this Website, Reach reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its servers, network and applications.

7.  Reach’s Intellectual Property Rights

In these Terms, “Intellectual Property Rights” means patents of any type,  design rights, database rights, source codes, utility models or other similar invention rights, copyrights, trademarks, service marks, logos, designations, insignias, brand and trade names, business names, domain names, trade secrets or confidentiality rights and any other intangible property rights, including applications, in any country, arising under statutory or common law or by contract and whether or not perfected or registered or capable of registration, now existing or later created, issued or filed.

All Intellectual Property Rights to this Website and the Content are the property of, or are licensed to, Reach and/or Praekelt Foundation’s Content and technology providers and are protected from infringement by local and international legislation and treaties.

Nothing in these Terms give you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any part of this Website, any Content or any Third Party Content which is not your Third Party Content for any reason unless otherwise expressly permitted by these Terms or by law.

Reach remains the proprietor of all of the Content (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that you have no right, title or interest in any such Content.

You agree to ensure that your and your users’ use of this Website and the Content protects all of Reach’s rights and the rights of its licensors in and to this Website and the Content. You agree not to do anything that will diminish or damage Reach’s or Reach’s licensors’ rights in and to this Website and the Content. You and your users will not during or at any time after the termination of your relationship with Reach or the cessation of your use of this Website or the Content acquire or be entitled to claim any right to this Website and/or the Content. 

You agree to notify Reach in writing as soon as you become aware of any infringement of its licensors’ Intellectual Property Rights.

8. Third-Party websites that link to Reach’s Website

Reach provides links to third party websites on this Website. These links are provided to you for convenience only and Reach does not endorse such websites, their owners, licensees or administrators or such websites’ content, security practices, privacy policies and operations. Reach cannot accept responsibility for the information provided on other websites. Reach is not responsible for the privacy policies or practices of linked or any third party or advertised websites on this Website.

You agree that Reach will not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on this Website. Any dealings that you may have with any linked websites are solely between you and the third party website.

9. General Disclaimer and Indemnity

You use this Website and the Content entirely at your own risk and on an “as is” basis and that you assume full responsibility and risk of loss resulting from the use thereof.

Reach has taken reasonable measures to update the Content and to offer the most current and correct information possible but it cannot be held responsible for any inaccuracies, errors, omissions, misinterpretations or incompleteness.

Reach does not make any warranties or representations:

• That this Website or the Content will be available at all times, or will be error-free or that this Website and/or the Content will meet any particular criteria of performance or quality and

• That any files, downloads, software or applications available via this Website are free of viruses or any other data or code that has the ability to corrupt, damage or affect the operation or security of your system

Under no circumstances will Reach be liable to you or any of your users for any indirect, special, incidental, exemplary or consequential damages or loss, loss of anticipated profits, loss of business opportunity, loss of business data/information or loss of contracts by either you or any third party or claims or demands against either you or Reach by any third party connected in any way to the Website and/or the Content or your or your users’ use of it.

Reach, its affiliates, agents, partners, licensors, consultants, officers or employees (“Indemnified Parties”) will not be liable for any loss or damages whatsoever (including, without being limited to, any direct, indirect, special, incidental, consequential, punitive or exemplary damages) arising (whether in an action arising out of contract, statute, delict/tort or otherwise) related to or resulting from:

• The use of, or the inability to access or use, this Website or any of the Content;

• The faulty execution of this Website or the malfunctioning of this Website and

• The use of or the inability to access or use any linked website.

10. General Clauses and Governing Laws

These Terms are made under the laws of the Republic of South Africa, and the validity and interpretation of these Terms as well as any dispute related to or arising from these Terms, will be governed by the laws of South Africa.

This Website is controlled and administered by Reach from its offices within the Republic of South Africa. You are responsible for compliance with all local laws of the country from which you access this Website.

These Terms contain the entire agreement between Reach and You with respect to this Website and your access to and use of this Website and the Content.

In the event that any of the provisions of these Terms are or become illegal, invalid, unlawful or unenforceable in any particular jurisdiction affected by these Terms, such a provision will become ineffective and will be treated as if not written in these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such a provision in any other jurisdiction.

Reach’s failure to enforce any provision in these Terms will not constitute a waiver of such a provision or affect in any way Reach’s rights to demand performance of such a provision at any time in the future.

No provision in these Terms shall be construed against or interpreted to the disadvantage of Reach by reason of it having or being deemed to have structured, drafted or introduced these provisions.