This End User License Agreement ("EULA") is an agreement between You, an individual or a legal
entity ("the User") and EDUSAMS (Pty) Ltd, ("Supplier") terms and conditions is as follows:
- EDUSAMS mobile application software, the data supplied with the software and the
associated media ("Application"); and
Online OR electronic documents ("Documents") generated through the Application and/or
provided to you via the Application; and Services accessible through the Application
The licensed use of the Application and Documents to the User on the basis of this EULA are
subject to any rules or policies applied by any application store provider or operator from
whose site (Appstore) the End-user download the Application as per the Appstore Rules. The
Application and Documentation are licensed and is not sold to you.
In terms of the provisions of the Electronic Communications and Transactions Act 25 of
2002, the EULA is valid and enforceable from the moment the User clicks on the [I ACCEPT]
button. If the User does not accept the EULA, no agreement is concluded and the User will
not be able to have any access to the Application and Documents.
BY DOWNLOADING OR USING THE APPLICATION AND/OR DOCUMENTS YOU:
Acknowledge you have read and understand the agreement.
You accept that you are of a legal age to enter into a binding agreement.
You accept and acknowledge that you are legally bound by the terms and conditions of this
NOT DOWNLOAD AND INSTALL EDUSAMS TO ANY OF YOUR DEVICES IF:
You are not in agreement with EDUSAMS terms and conditions (EULA – End user License
Side Note: Print a copy of this EULA for future reference.
The T & C of this agreement apply to:
- All updates, unless it comes with a separate terms, in which the new T & C comes into effect.
- All open sourced software is included in the application.
- You will need to read and accept the T & C in order to use this software.
- We may from time to time in our sole discretion develop and provide Application updates,
- which may include upgrades, bug fixes, patches and other error corrections and/or new
features (collectively, including related documentation, "Updates").
- Updates may also modify or delete in their entirety certain features and functionality. You
agree that we have no obligation to provide any Updates or to continue to provide or enable
any particular features or functionality.
- By using the Licensed Application, you consent to us collecting and using technical
information about the Devices and related software & hardware.
- The Licensed Application may contain links to other independent third-party websites("Third-party Sites") & advertising. Third-party Sites are not under our control, and we arenot responsible for and do not endorse their content or their privacy policies (if any).
- You agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to:
- WE RESERVE ALL RIGHTS TO THE INTELLECTUAL PROPERTY, HARDWARE, SOFTWARE ANDPERIPHERALS that are internet-based or wireless to perform as per this EULA.
- The User and any person authorized by the User and any person gaining access to theDevices through the log-in details of the User (which is unlawful), shall not, use the LicensedApplication in any unlawful manner, for any unlawful purpose, or in any manner inconsistentwith this EULA, or act fraudulently or maliciously, for example, by hacking into or insertingmalicious code, including viruses, or harmful data, into the Application, any Service or anyoperating system;
- Copy, reproduce, market, distribute, sell or license the Licensed Application or any partthereof save where such copying is incidental to normal use of the Licensed Application, orwhere it is necessary for the purpose of back-up or operational security;
- modify, duplicate, create derivative works from, frame, mirror, republish, download, display,transmit, or distribute all or any portion of the Licensed Application in any form or media orby any means;
- Not tamper with or otherwise interfere or attempt to interfere in any manner with thefunctionality or proper working of the Licensed Application;
- Use, copy, distribute, remove, cover or deal with any trademarks, logos, icons, screen shotsor similar assets of Supplier or any part thereof;
- EDUSAMS is STRICTLY for the use of communication in education and we will not beresponsible or liable for any content THAT DOES NOT SERVE THIS PLATFORM.
- This communication platform is developed to make communication between all parties inthe education sector easy, paperless and free to all end users.
- EDUSAMS WILL NOT BE LIABLE FOR:Unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially orethnically offensive.Illegal activity OF ANY KIND.Sexually explicit images of any nature.Promotion of unlawful violenceDiscrimination based on race, gender, color, religious belief, sexual orientation and disability
- EDUSAMS reserves the right, without liability or prejudice to disable the User's access to anyLicensed Application that breaches the provisions of this clause.
- EDUSAMS may display, include or make available third-party content (including data,information (i.e. Your selected school information), and other products, services and/ormaterials) or provide links to third-party websites or services, including through third-partyadvertising (collectively, "Third Party Materials").
- You acknowledge and agree that We are not responsible for Third Party Materials, includingtheir accuracy, completeness, timeliness, validity, copyright compliance, legality, decency,quality or any other aspect thereof.
- EDUSAMS is made available to You as a tool to receive INFORMATION more specificallycommunications from your selected school. We are not in control of any communications asmay be submitted between you and your selected school or any delays for saidcommunications.
- The end users agree to indemnify, defend and hold harmless the Supplier and its officers,directors, employees, agents, affiliates, successors and assigns from and against any and alllosses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest,awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys'fees, arising from or relating to your use or misuse of the Licensed Application or Yourbreach of this EULA. Furthermore, you agree that the Supplier assumes no responsibility forthe content You submit or make available through this Application.
- Upon termination: all rights granted to You under this EULA will also terminate; and Youmust cease all use of the Licensed Application and delete all copies of the Application fromyour Device and account.
- Should you wish to contact us, all communication can be directed to us via email:firstname.lastname@example.org
- This EULA is valid, binding, enforceable and concluded in Durban & it becomes effective themoment you download and Use the Licensed Application – EDUSAMS.