Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our services.
1.1.2 "Content" means various forms of content supported by the Play Learn Rewind Application from time to time, including, without limitation, rich media content and digital content including, but not limited to, images, sound clips, video clips and news;
1.1.3 "Intellectual Property" means all intellectual property rights, howsoever arising and in whatever tangible or intangible media including (without limitation) patents, rights to inventions, utility models, copyright, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, domain names, topography rights, moral rights, business processes, rights in confidential information (including trade secrets and know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the word;
1.1.4 "Lalela" means Lalela Media CC (Registration No. 2006/135270/23), a close corporation validly incorporated in accordance with the company laws of South Africa with registered address at 9 Roos Road, Green Point, Cape Town 8005, Western Cape;
1.1.5 "Play Learn Rewind Application" means the software made available by Lalela for installation and use on supported mobile devices or personal computers to use the Services;
1.1.6 "Play Learn Rewind User" means a user of the Play Learn Rewind Application;
1.1.7 "Play Learn Rewind Websites" refers to Play Learn Rewind’s related desktop or mobile websites;
1.1.8 "Services" means the services provided by Lalela Media from time to time, including, but not limited to, services provided via the Play Learn Rewind Application and Play Learn Rewind Websites, the general nature of which relates to online education and curation of digital content;
1.1.10 "Upload" means the electronic transfer of information or data by you to the Services; and
1.1.11 "User Account" refers to the account (or 'profile') you create with Lalela to enable you to use the Services.
1.2.1 the singular includes the plural and vice versa;
1.2.2 natural persons includes juristic persons and vice versa;
1.2.3 any one sex or gender includes the other sexes or genders, as the case may be;
1.2.4 “including” (or words of similar meaning) means to include without limitation and “include” shall have a corresponding meaning;
1.2.5 “law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has force of law;
1.2.6 “person” means any person, company, close corporation, trust, partnership or other entity whether or not having separate legal personality;
1.2.7 a Party includes a reference to that Party’s successors in title and assignees allowed at law.
1.5 The clause headings in this document have been inserted for convenience only and will not be taken into consideration in the interpretation of this document.
1.6 Reference to months or years shall be construed as calendar months or years.
1.7 No provision herein shall be construed against or interpreted to the disadvantage of any party hereto by reason of such party having or being deemed to have structured, drafted or introduced such provision.
1.8 Whenever the term “including” is used followed by specific examples, such examples shall not be construed so as to limit the meaning of that term.
3 Eligible Persons
3.1 Unless otherwise stated by Lalela Media in writing, you must be at least 13 (thirteen) years old to make use of the Play Learn Rewind Application, the Play Learn Rewind Websites and the Services. If you are 17 (seventeen) years and younger, but older than 13 (thirteen), you will inform your parents or guardians that you have registered for and are using the Services of Lalela Media and upon request provide reasonable proof that you have complied with this prerequisite for access to the Play Learn Rewind Application and the Services.
3.2 Lalela Media reserves the right to place an age restriction on any Services at any time.
4 Use and licence
4.1 The Intellectual Property rights in the Play Learn Rewind Application, the Play Learn Rewind Websites and the Services are either owned by Lalela Media or licensed to Lalela Media and include any applications or renewals of such rights and are protected by intellectual property laws. This includes (without limitation) any compilation of such Intellectual Property rights which is likewise the property of Lalela and protected by applicable law.
4.2 The trade name 'Play Learn Rewind’ is related to the goodwill of Lalela Media and its affiliated companies and may not be used in any manner without Lalela Media’s prior written permission. All other Intellectual Property not owned by Lalela Media that appear on the Play Learn Rewind Application, the Play Learn Rewind Websites or the Services are the property of their respective owners.
4.3 Your use of the Play Learn Rewind Application, the Play Learn Rewind Websites and the Services is for lawful use only, and you agree not to use the Play Learn Rewind Application, the Play Learn Rewind Websites or Services to operate any commercial activities or to promote any products or services, other than expressly authorised by Lalela Media in writing.
4.4 Lalela Media grants you a non-exclusive, non-transferable, revocable licence to download and install the Play Learn Rewind Application on a mobile device or personal computer or other supported device for the sole purpose of using the Services provided by Lalela Media.
4.6 Unless otherwise specifically agreed thereto in writing, Lalela Media is under no obligation to release new versions of the Play Learn Rewind Application, nor to support any older version of the Play Learn Rewind Application.
4.7 It is specifically recorded that Lalela Media may secure revenue from other sources such as advertising, sponsorship of content or Services and promotional activities. Unless otherwise specifically agreed thereto in writing, you agree to receive marketing communications and advertisements from our third party advertisers and/or ourselves via the Play Learn Rewind Application, Play Learn Rewind Websites and the Services or to your email address (if you have provided same to us) as may be published by Lalela Media from time to time in its sole discretion, while you are still a registered Play Learn Rewind User.
4.8 You also agree that Lalela Media may communicate with you and/or send you information messages via the Play Learn Rewind Application, Play Learn Rewind Websites and the Services or to your email address (if you have provided same to us) from time to time, provided that you will be able to opt-out of receiving communications by replying to the relevant communication in the manner indicated in such communication.
4.9 You should not choose brand names or trademarks as your username and/or display name, since the Intellectual Property rights in such names do not belong to you. Lalela Media reserves the right, using its reasonable discretion, to take over any Play Learn Rewind User's username and/or display name at any time (without compensation), should it require such username and/or display name for any reason whatsoever, including should Lalela Media be requested to do so by the owner of a brand name or trade mark. In such event Lalela Media will contact the Play Learn Rewind User and notify the Play Learn Rewind User that it requires the username and/or display name in question. In such event, Lalela Media shall move the Play Learn Rewind User's account to a mutually agreed replacement username and/or link same to a mutually agreed replacement display name.
5 Use of Services
5.1 You warrant and represent that any and all information you submit as part of the process to become a Play Learn Rewind User is true and correct and that you are the legitimate owner of such information, including (but not limited to) your date of birth, sex, location, first & last name, cell phone number and contact details.
5.2 You furthermore warrant and represent that you are the legitimate owner of (or that have obtained the necessary license or permission in respect of) any content or images that you Upload via the Play Learn Rewind Application.
5.3 It is your responsibility to ensure the secrecy of your User Account’s registration details, including but not limited to your username and/or display name, password and contact details.
5.4 Any activity on the Play Learn Rewind Application, the Play Learn Rewind Websites or the Services authenticated with your login credentials shall be deemed binding on and attributable to you personally.
5.5 Unless otherwise agreed in writing, we may suspend or terminate access to the Play Learn Rewind Application, the Play Learn Rewind Websites and/or the Services without notice to you. In addition, we reserve the right to revoke any privilege or access granted to you without prior notice to you and in our sole discretion.
5.6 You may not give your username and password to someone else to log on to your User Account or to access the Services using your User Account or authorise another person to do so.
5.7 You agree that you are responsible for the security of your mobile device or any other device used to access the Play Learn Rewind Application, Play Learn Rewind Websites and/or the Services.
5.8 Messages sent to Users on the Play Learn Rewind Application may contain links to third party websites that are not owned or controlled by Lalela Media. Lalela Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Lalela Media will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Lalela Media shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
5.8 You agree to notify Lalela Media immediately in writing to email@example.com, when you become aware of any unauthorised use of your User Account or other breach of security or attempted breach of security.
5.9 If your use of the Services is dependent on using a mobile device, personal computer or bandwidth of another person, you hereby represent that you have received that person's permission.
5.10 Further to the above, you are hereby notified that should you have provided Lalela Media with fraudulent or incorrect information regarding your age and/or date of birth, you may be exposed to inappropriate or adult advertising and/or content and you hereby accept full responsibility for your actions in this regard and indemnify Lalela Media against any claims and/or damages Lalela may incur as a result thereof.
6 Management of Content
6.1 Unless otherwise agreed in writing, by an Upload of any content to the Play Learn Rewind Application, Play Learn Rewind Websites and/or related Services, you grant Lalela Media and its affiliated companies a non-exclusive, royalty-free, worldwide and perpetual licence to use the said Content, inclusive of the right to amend the said Content.
6.2 Lalela Media has the right, but not the obligation (unless expressly required by applicable law), to monitor postings and uploaded content, and also has the right, but not the obligation, to exercise editorial control over any material which may be made publicly available.
6.3 Lalela Media, without derogation to the general provision in clause 6.2 above, has the right, but not the obligation, to appoint a moderator to manage any postings or uploaded content, and such person may edit or remove any Content that was posted by you that may contravene any Additional Terms which may apply to the use of the Play Learn Rewind Application, Play Learn Rewind Websites and/or related Services.
6.4 You agree that Lalela Media has no control over any Content or communication you receive from any person other than Lalela or its employees. You may therefore be exposed to unwanted Content and it is your duty to report any undesirable Content to Lalela Media.
6.5 You agree to that you will not use the Play Learn Rewind Application or Services to transmit, disseminate or upload:
6.5.1 unsolicited commercial communications;
6.5.2 Content that:
188.8.131.52 Is Unlawful, harassing, abusive, threatening, or obscene communications of any kind;
184.108.40.206 Could infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right;
220.127.116.11 could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation;
18.104.22.168 Is Objectionable, including but not limited to, content that contains blatant bigotry, racism, or hatred or that promotes illegal activities or physical harm against anyone;
22.214.171.124 Any other type of communications, be they of a commercial nature or not, to people or entities who have not agreed to be part of such broadcast;
126.96.36.199 Amounts to any harmful, disruptive or destructive files or software;
188.8.131.52 Is adult or pornographic in nature; or
184.108.40.206 is generally unacceptable in the view of the public at large.
7 Availability of Services
7.1 You hereby acknowledge and agree that your use of the Play Learn Rewind Application, Play Learn Rewind Websites and the Services are entirely at your own risk.
7.2 Lalela Media does not warrant that you will always be able have access to the Services and Content.
7.3 Whilst we endeavour to ensure that the Play Learn Rewind Application, the Play Learn Rewind Websites and the Services are always accessible and messages delivered, we make no warranties or representations as to the level of uptime, the speed of access that can be expected or that messages and communications will be posted and/or delivered.
7.4 It is your responsibility to acquire the hardware and Internet connectivity necessary to access the Services and you are responsible for paying all fees that are due in respect of the hardware, mobile and the Internet connectivity and bandwidth consumed while accessing the Play Learn Rewind Application, the Play Learn Rewind Websites and the related Services.
7.5 The capabilities of your mobile device may limit the availability of some features and Services to you or may mean that certain Content cannot be played or displayed on your mobile device.
7.7 Lalela Media may decide to change the features and technical aspects of the Play Learn Rewind Application, Play Learn Rewind Websites or the Services. Such changes may cause interruptions to the Services and may require you to make changes to the settings on your mobile device or to your personal computer, including but not limited to the downloading of an updated version of the Play Learn Rewind Application.
7.8 Whilst we endeavour to ensure that our information is accurate and complete, we make no warranties about the accuracy, reliability, completeness or timeliness of information published.
7.9 Where we provide third party Content or publish advertisements as part of your use of the Play Learn Rewind Application or a Service we do not:
7.9.1 warrant or represent that the third party Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or
7.9.2 endorse the third party Content or advertisements.
7.10 Your correspondence or dealings with, or participation in promotions and/or competitions of advertisers through the Play Learn Rewind Application, Play Learn Rewind Websites and related Services, and any other terms, conditions, warranties or representations associated arising therefrom, lie between you and the relevant advertisers. You agree that Lalela Media shall not be liable for any loss or damage of any nature incurred as a result of any such interactions between you and the advertisers, or as the result of the presence of such advertisers on the Play Learn Rewind Application or Play Learn Rewind Websites.
7.11 YOU HEREBY AGREE TO RELEASE LALELA MEDIA FROM LIABILITY RELATED TO ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AND/OR GOODS AND/OR SERVICES AVAILABLE FROM OR THROUGH THE PLAY LEARN REWIND APPLICATION, THE PLAY LEARN REWIND WEBSITES OR THE SERVICES, WHETHER DIRECT OR INDIRECT INCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATING TO ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
7.12 YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD LALELA MEDIA, ITS AFFILIATES, RELATED COMPANIES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, ACTIONS, DEMANDS, LIABILITIES OR COSTS, RESULTING OUT OF OR YOUR USE OF THE PLAY LEARN REWIND APPLICATION, THE PLAY LEARN REWIND WEBSITES OR THE SERVICES.
8 Unauthorised Conduct
8.1 You may not monitor, intercept or modify any communication that is not addressed to you or to your User Account.
8.2 You may not use any harmful or malicious code, including (without limitation) viruses, Trojan horses, worms or spiders, to interfere with or access any data, communications or software associated with the Services, the Play Learn Rewind Application, Play Learn Rewind Websites or any Services/Content otherwise owned by Lalela Media.
8.3 You may not send any unsolicited communication to Lalela Media or to any Play Learn Rewind User, whether such unsolicited communication is sent to the Play Learn Rewind User's User Account or to any other address of such Play Learn Rewind User.
8.4 You may not use the Services in such a manner as to threaten, harass, embarrass or invade the privacy of any person or to contravene any applicable law or regulation.
8.5 You may not impersonate any other Play Learn Rewind User or any other person, and you may not use another person's Play Learn Rewind username and password to access another Play Learn Rewind User's account, nor may you access or assume another Play Learn Rewind User's profile. You may not use or distribute the images taken by and/or belonging to any other person via the Play Learn Rewind Application in any manner without such person's consent.
8.6 Other than as may be authorised by Lalela Media in writing and bona fide public search engines generally, you may not programmatically access any Services using an electronic or other automated means used independently to initiate an action or respond to data messages or performances in whole or in part, including (without limitation) any web spiders, crawlers or similar technologies.
8.7 You are notified that it is a criminal offence to gain unauthorised access to any restricted areas of the Play Learn Rewind Websites or to otherwise interfere with the proper functioning thereof.
9 Breach and termination
10.1 Lalela Media collects, and you hereby consent to, the following personal information (hereinafter "personal information") about you being collected and processed when using the Play Learn Rewind Application, Play Learn Rewind Websites and/or the Services:
10.1.1 your cellular telephone number (if provided) and other contact details;
10.1.2 your date of birth (and age);
10.1.3 your Internet protocol address ("IP address") and the area where you reside;
10.1.4 your sex and/or gender;
10.1.5 your profile picture (if provided);
10.1.6 full name and surname;
10.1.7 International Mobile Equipment Identity (IMEI), Cellular ID and Mobile Network Code;
10.1.8 your history of using the Play Learn Rewind Application, Play Learn Rewind Websites and the Services, which includes transactions concluded using the aforegoing.
10.2 You agree to provide us with accurate information and to keep such information updated. Upon reasonable request, we will let you have access to the personal information that we store and allow you to update such information.
10.3 LalelaMedia may use your personal information to render the Services to you and to compile non-personally identifiable and/or aggregated statistics about your use of the Services. You consent that Lalela Media may in addition use your personal information to allow third parties to market and promote their goods and services only via the Play Learn Rewind Application, Play Learn Rewind Websites and the Services and in circumstances where:
10.3.1 it is reasonably necessary to render the Services; or
10.3.2 you have given consent to do so; or
10.3.3 it is required by law.
10.4 Lalela Media may transfer your personal information to other entities and/or countries if we deem it necessary or beneficial in the rendering of the Services. If we do make such a transfer, we will do so only in cases where a confidentiality agreement prohibits the disclosure of the personal information by the transferee.
10.5 Lalela Media warrants that it uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of personal information. This notwithstanding, no warranty is made regarding the security of any information transmitted to the Play Learn Rewind Application, and no guarantee is made that any information will not be accessed, disclosed, altered, or destroyed as a result of a breach of any of the above mentioned safeguards.
10.6 You agree that Lalela Media is not responsible for any unauthorised access to your communications by way of interception or monitoring.
10.7 Due to the nature of Internet connectivity your communications may be transmitted through countries other than the Republic of South Africa. Lalela media may additionally utilise its network of secure, distributed data centres located internationally to enhance your experience of the Play Learn Rewind Application, Play Learn Rewind Websites and the Services and to increase the resilience thereof.
10.8 You agree not to post personal information, such as your telephone number, street address, last name, e-mail address or other contact details so that it is publicly accessible to other Play Learn Rewind Users or third parties. Lalela Media is unable to take responsibility for any infringement of your rights or harm you may suffer resulting from your failure to comply with this undertaking.
10.9 You are hereby informed, and you agree thereto, that Lalela Media may, in so far as it is allowed or required by law, intercept and/or monitor any communication sent and/or received by yourself using the Play Learn Rewind Application, Play Learn Rewind Websites and the Services. You understand that Lalela Media may not notify you in the event that Lalela Media is required by law to intercept and/or monitor your communications and that, if required by law, it has to disclose such communications together with your personal information to the relevant law enforcing authority.
10.10 You are hereby informed that Lalela Media reserves the right to disclose aggregated information regarding its Users and usage of the Play Learn Rewind Application and Play Learn Rewind Websites (such as member demographics and traffic patterns) to, amongst others, advertisers and suppliers, and you hereby expressly consent thereto.
11 Jurisdiction and Enforceability
Date of First Publication of this Version: [12/10/2017]