In the agreement:
sightlings means sighted people;
terms means the terms, consisting of:
we, us, or our means our organisation, the owner of the website and the application. It includes our officers, agents, employees, owners, co-branders, and associates where the terms limit or exclude our liability;
you or your means any visitor to this website and user of the application, including any other person, website, business, or agent (including any virtual or robotic agent) associated with the visitor.
VIPs means Visually Impaired People.
If the meaning of any general terms conflicts with any other relevant specific terms, the specific terms will apply. Specific terms apply to a specific section of the website and application or have been specifically agreed between you and us.
You are responsible for the content you upload and send our application. The content will be seen or heard by another user, therefore we recommend that you do not upload and send content that is high risk. If you choose to send high risk content, then you are solely responsible for this. We cannot guarantee that another user will not save the content.
You must not post offensive content (nude images, hate speech etc.) or engage in any other offensive conduct.
You must only use the content that is sent to you to answer the question posed to you by the VIP. You may not save or use the content for any other purpose.
We do our best to monitor and remove any unsavoury content, but we are not responsible for any content posted on the application. You must not post offensive content (nude images, hate speech etc.) or engage in any other offensive conduct.
You consent to us monitoring your use of the website and application for security purposes and in order to ensure that both are always running and functioning as they should. We monitor your use of the application through our administration panel where we can see all requests sent by VIPs and all replies sent by Sightlings.
We grant you a limited licence to use this website and the application on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using the application and website in a way these terms do not allow.
If you breach any of the terms or infringe any other person’s rights (including copyright), we may remove your content, cancel your licence, block you from using the website and the application, claim specific performance or damages against you, and take any other steps the law allows, without affecting our rights. You will breach these terms under the following circumstances:
Our application needs Internet access for certain features, which it is capable of getting through the mobile network on your device. The terms of your agreement with your mobile network provider will continue to apply when using our mobile application. This means that your mobile network provider may charge you for their network connection services for the duration of the connection while using our application on their network. You accept responsibility for these charges.
We are not responsible for any support or maintenance of our application. However, we may upgrade the version of our application from time to time to add support for new functions and services.
You are required to have a compatible mobile phone or handheld device with internet access, and the necessary minimum specifications to use our application.
We are not responsible for any of your data stored on our system or submitted through our application, except to the extent that we are required to be responsible by applicable law.
You promise that you are entitled to visit this website and use the application and agree to the terms because you:
You promise that you will only give accurate information to us for use on the website and application.
Except as provided to the contrary in the agreement, all rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website and application are our sole property or will vest in us or a third party licensor. All moral rights are reserved.
Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without our permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.
Except as expressly permitted under the agreement and under the law, you will not:
We provide the application “as is” and do not give any express or implied warranty or make any other promise. For example, we do not warrant that both are of good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that they are free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of both.
You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website and the application.
When the fault lies with the website and application, we will do our best to fix it as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in both the website and the application.
If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is 10 USD or 100 ZAR. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.
We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.
We are not responsible for anyone else’s website or for the actions of third parties you disclose your information to.
Each authorized user is responsible and liable for activities that occur under their account. You authorize us to act on any instruction given by an authorized user, even if it transpires that someone else has defrauded both us and you, unless you have notified us in writing prior to you acting on a fraudulent instruction. We are not liable for any loss or damage suffered by you attributable to an authorized user’s failure to maintain the confidentiality of their credentials.
The terms are the entire agreement between the parties on the subject.
We may change or stop publishing this website without notice and will not be responsible for any consequences. We may also wish to no longer make the application available for download or for use and will place a notification of that on the website or on the application.
We may change the terms at any time by placing a notice on this website or updating this web page and a notice on the application as well. We may make changes and:
If you do not agree with the changes, you must stop using this website and the application or the changed terms will apply to you.
If an administrator of this website and application signs a letter confirming any fact related to both, that letter is conclusive proof of its contents. These may include the version of the terms that apply to any dispute, or what content or functions both had at a particular time or date
We do not ever waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our rights against you.
Any term that is invalid, illegal, or cannot be enforced must be regarded as deleted. The remaining terms continue as intended.
South African law and conditions (such as time and date) govern the terms. Only the South African courts may decide any dispute about the terms.