Terms and Conditions

The Whistleblowing Without Fear app is operated and owned by Lesoba Difference (Pty) Ltd, Nexus Forensic Services (Pty) Ltd, and Corrie Campbell Corporate Communications (CC), (“app Owners”) registered in South Africa, with the physical address: Bushwillow Place, 13 Riboville Road, Midrand, 1683.

These Terms and Conditions constitute, for the purposes of the Agreement, the conditions of usage and service of the Whistleblowing Without Fear application and the agreement between the app owners and the User for use of the app and associated Services developed, provided and managed by the app.

The app Owners reserves the right to effect, in its sole discretion, amendments to these Terms and Conditions from time to time. Users will be informed of any amendments on www.whistleblower.app by one month’s notice before amendment of any term and or condition.

Kindly note that these terms and conditions act as a binding contract between the app Owners and the users of the applications or services.

Definitions:

Agreement: means this Agreement, for providing the Whistleblowing Without Fear application and Services to the User, which includes the Whistleblowing Without Fear application’s:

and

  • any such additional terms and conditions provided for on the Whistleblowing Without Fear website.

Account: means the registered account held by a User, administrator, advertiser or Support services provider on the Whistleblowing Without Fear application;

App: means the Whistleblowing Without Fear application and includes all the components, websites, portals, the mobile app and all other functionalities as provided through and related to the Whistleblowing Without Fear brand;

App Owners: means Lesoba Difference (Pty) Ltd, Nexus Forensic Services (Pty) Ltd, and Corrie Campbell Corporate Communications (CC), (“app Owners”) registered in South Africa, with the chosen physical address: Bushwillow Place, 13 Riboville Road, Midrand, 1683.

Content: means any data including official statistics and or images as provided to, or hosted by the app;

Device: means the mobile phone, terminal, tablet, laptop or desktop computer or any other electronic, battery or solar operated device used by the User to gain access to the app;

Service Provider: means the third-party service provider and its relevant network and infrastructure that provides the User with a connection to a mobile network;

Services: means any service, downloading and/or activating, and/or using the Whistleblowing Without Fear application services or having access to any Whistleblowing Without Fear service and or smart device;

Smart Device: means any device integrated with the app that can connect, share data and interact with the User;

User: means any individual, administrator or merchant that has registered to use the app;

User Account: means the registered account associated with a User as held on the Whistleblowing Without Fear database;

Interpretation
The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify, the terms of this Agreement nor any clause thereof.

In this Agreement, unless a contrary intention clearly appears:

(a) words importing:
(i) the male gender includes the female gender;
(ii) the singular includes the plural and vice versa; and
(iii) natural persons include created entities (corporate or non-corporate) and vice versa;
(b) expressions defined in this Agreement shall bear the same meanings in the Annexures (if and or where applicable) to this Agreement unless specifically defined in the Annexures;
(c) where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail;
(d) any reference to a Party includes a reference to the Party’s authorised representatives, employees, agents or contractors;
(e) when any number of days is prescribed same shall, unless otherwise specifically stated, be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day;
(f) where words have been defined in the body of this Agreement, such words shall, unless otherwise required by the context, have the meanings so assigned to them throughout this Agreement;
(g) where any provision contemplates a notice to be given or Agreement to be reached between the Parties, such notice or Agreement shall, unless expressly provided otherwise, be made in writing;

Acceptance of Terms
The User agrees to be bound by these Terms and Conditions and by agreeing to such the User declares that he or she is legally competent by law applicable to the User to accept, agree to and or enter into this Agreement. The User’s continued use of the app and Services, in the event of an amendment of these Terms and Conditions, will constitute the Users acceptance of and agreement to such amendment. The User will be entitled, if not in agreement with an amendment, to terminate the Account/s with immediate effect.

Use of the Whistleblowing Without Fear application and Services
The app grants the User a non-exclusive, non-transferable right to use the application and Services via a mobile device, telephone, terminal and computer and other devices. The User may not use or utilise any part of the application or its Services in contravention of any applicable Law and or Regulation/s.

Third Party
The use of a Whistleblowing Without Fear application or Service provided by a third party to the User including but not limited to the User’s local mobile- or Wi-Fi- or internet service provider will despite any conditions under which the service provider is providing such services to the User, be subject to the Terms and Conditions for the purposes of this Agreement.

Intellectual Property Rights
All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and any other material or moving images) contained in, or accessible via the app or services, is either owned by the app Owners or has been licensed to a third party by the rights owner(s) for use as part of the app services.

User Account Information
The User will provide true, accurate, current and complete information when registering for an account on the Whistleblowing Without Fear application or Services, as well as any additional information provided or any amendments made by the User. The User is and will remain at all-time responsible for all actions, direct, indirect and or incidental to and or as a result of access to or use of the Whistleblowing Without Fear application or Services via the User Account independently of whether the access was made by yourself or by a third party. If your Device is stolen or if you become aware of unauthorised use you remain responsible for all charges to your Account.

No Unlawful or Prohibited Use
The User expressly acknowledges and agrees to use any Whistleblowing Without Fear application or Service solely for lawful purposes; non-commercial use or non-business use.

The User may not, without limitation:

  • use and or perform any action on or through use of the Whistleblowing Without Fear application or Service for any unlawful purpose;
  • intercept or monitor, damage or modify any communication which is not intended for use purposes by the User;
  • send any unsolicited commercial communication not permitted by applicable law,
  • expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable.

The User, may not use any part of the app or Services in any manner that could damage, disable, overburden, or impair any Whistleblowing Without Fear server, or the network(s) connected to the app  server, or interfere with any other party’s use.

The app Owners has the sole and exclusive right at any time to immediately terminate any service and/or account if they interpret the use as in any way fraudulent; criminal; unethical or in violation of the right of the app Owners as stipulated in this agreement ;

No Warranties
The app Owners do not make any express warranty regarding the app or Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however, the app Owners shall endeavour to provide the app and the Services with minimum disruptions.
The app Owners cannot and does not guarantee that the app Services will always function without disruptions, delay or other imperfections and the app Owners may choose not to provide service to countries or calling areas at its sole discretion.

Service Suspension/Interruption
The app Owners are entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Whistleblowing Without Fear application or Services or any part thereof, without any notice to the User for the repair, improvement, and/or upgrade of the service at any time.

All Whistleblowing Without Fear applications and Services if not indicated otherwise by the app Owners, are for non-commercial use. All and any commercial use not deemed as consumer usage will lead to immediate termination of Service.

Payment & Rates (Registered Users Only – Excluding advertisers and listed supporters)
The app is completely free of charge to all Users.

Limitation of Liability
The app Owners are not and cannot be held liable for:

  • any acts or omissions of another Provider, for information provided through the User Device;
  • any equipment failure or modifications;
  • service outages or for service limitations or interruptions;
  • any accidents or incidents which result from the use of the Whistleblowing Without Fear application or any of its Services by the User or any other person;
  • any direct, indirect, incidental, punitive or consequential damages including inter alia lost profits, other economic loss, death, injuries to persons or property, any losses due to fraudulent behaviour, misuse of information and other criminal activities that are directly, indirectly or coincidently associated with any Whistleblowing Without Fear application, Service, representation, offer, product or device, provided directly or indirectly, as part of the package (the app or Services) offered to the User so arising from the use of the app or Services by the User and the User hereby specifically indemnifies the app Owners  against any claims and or legal actions flowing or resulting from such damages.
  • We take security and reliability very seriously and do our utmost to make sure our platforms are failsafe by using best of breed products and adhering to the highest industry practices. However, no system is perfectly secure or reliable, the internet is inherently an insecure medium when you take into account all the third parties involved; your internet provider, wireless carrier, devices used etc. When you use the service, you accept these risks and the responsibility for choosing to use a technology that cannot outperform third parties that are used in providing the service. Therefore we make no warranty, express, implied or otherwise that we can or will be able to guarantee that the service will work 100% of the time.

Assignment
The app Owners reserve the right to and may assign all or part of the Agreement and or Terms and Conditions to any other without such assignment being considered change to the Terms of Conditions and without prior notice of such assignment to the User.
Whistleblowing Without Fear in the event of such assignment will be and is released by the User from all liability under this Agreement.

The User is prohibited from assigning any responsibility and or liability under the Terms and Conditions without our prior written approval.

Time and Indulgence
No latitude, extension of time or other indulgence which may be given or allowed by either Party to any other party in respect of the performance of any obligation hereunder or the enforcement of any right arising from this Agreement is binding unless confirmed in writing, and no single or partial exercise of any right by any Party shall under any circumstances be construed to be an implied consent by such Party or operate as a waiver or a novation of, or otherwise affect any of that Party’s rights in terms of or arising from this Agreement or estop such Party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or terms hereof.

Applicable Law
This Agreement shall be governed by and be construed in accordance with the laws of the Republic of South Africa, and the Parties hereby agree and submit to the jurisdiction of the South African courts.

Non- Variation
No addition to, or variation of, consensual cancellation or novation of this Agreement and no waiver of any rights arising from this Agreement, including this clause, shall be of any force or effect unless reduced to writing and signed by the duly authorised representatives of each of the Parties.

Severability
If any provision or term of this Agreement, including this clause, shall be held wholly or partly invalid, illegal or unenforceable for any reason whatsoever, then those clauses, provisions or terms shall be deemed severable from the remaining clauses, provisions or terms of this Agreement and shall in no way affect the validity, legality or enforceability of this Agreement.

The Parties shall meet as soon as possible and negotiate in good faith upon a replacement provision that is legally valid and that achieves as nearly as possible the objective of this Agreement and produces an equivalent effect.

Entire Agreement
These general Terms and Conditions represent the entire Agreement between the User and the app Owners and supersedes all prior offers, contracts, agreements and representations. The Terms and Conditions supersede all promises made to you by the app client services agents, representatives or employees.

Privacy Policy
For purposes of the Privacy Policy the following definitions will apply:

Product services and software are defined as “services” and Whistleblowing Without Fear as “We”. Users of the application or services that this term of service regulates are defined as “you”. By accepting the app’s  Privacy Policy you also accept the app  Terms of Agreement; and End User Software License Agreement. This Privacy Policy does not apply to the practices of third parties that we do not own or control, including third party websites, services and applications (collectively, “Third Party Services”) that you may elect to access through the Service or to individuals that we don’t manage or employ.

Please read this Privacy Policy carefully, and feel free to contact us at wernerb@whistleblowerapp.co.za if you have any questions regarding its content. This Privacy Policy is incorporated into and made a part of Terms & Conditions (“T&C’s”). Terms not defined herein shall have the meaning set forth in this Terms & Conditions. You may decline to submit any information through the Service, in which case we may not be able to provide our Service to you.

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