PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE.
A. General Terms and Conditions of Use
In this user agreement, the terms below have the following meanings:
|Community Guidelines||the community guidelines contained in Part C of this Agreement;|
|Personal Information||information relating to: |
|Process||as defined in the Protection of Personal Information Act No. 4 of 2013 and “Processing” shall have a corresponding meaning;|
|Programme||the programme offered by Yapper whereby the User may earn rewards, credits or benefits, the details of which will be disclosed on the Site, by performing specified activities with the User’s pet, the details of which will be disclosed on the Site;|
|Site||collectively Yapper’s website/s, mobile or desktop applications;|
|User||the user of the Site and/or such user’s legal guardian; and|
|Yapper||Yapper and Yapper Rewards is a registered brand, operating under RCL FOODS. |
Registration Number: 1966/004972/06
Registration Number: 1960/002377/07
The Site is currently in the beta testing phase and is provided on an “as is” and “as available” basis and may contain defects. A primary purpose of the beta testing phase is to obtain feedback on software performance and the identification of defects. The User is advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of the Site. Any User of the Site during the beta testing phase expressly consents to its Personal Information being processed and stored for future application in relation to the Programme. The User accepts that future versions of the Site may contain features and uses of Personal Information which have not been disclosed at the time of beta testing.
Conditions of Access
- The User must read this Agreement carefully before participating in the Programme.
- The User hereby agrees that this Agreement applies to participation in the Programme, including:
- the Site; and
- any third party website or mobile application linked to the Site.
- If the User is under the age of 18, such User must obtain the advance authorization, permission and consent of such User’s parent or legal guardian, before accessing the Site and/or making use of any services related to the Programme. By accessing the Site and/or making use of any services related to the Programme, the User represents and warrants that he/she is 18 years or older or that he/she does so with the consent of such User’s parent or guardian.
- The User’s access to and use of the Programme is conditioned on the User’s acceptance of and compliance with this Agreement. Should the User disagree with any provision set out in this Agreement, such User must refrain from accessing the Site and/or using any other services related to the Programme.
- Yapper reserves the right, in its sole discretion, to:
- amend and/or replace any of, or the whole of, this Agreement. The current version of the Agreement will apply each time that the User accesses and uses the Site;
- refuse service, remove or edit content, or terminate access in its sole discretion.
Acceptance and Consent by the User
- By using the Site and participating in the Programme, the User expressly agrees to the terms and conditions of this Agreement.
- The User agrees that this Agreement applies to any information accessed via the Site or acquired in relation to the Programme.
- Yapper may refuse to provide rewards, points, credits, products and/or services to the User if it is unable to verify any information provided by the User.
- Without derogating from any other rights which Yapper may have in law, Yapper may, in its reasonable discretion, deny access to the Site by a User as a result of a breach of this Agreement, including but not limited to:
- if the User provides incorrect, inaccurate, misleading information; and
- if the User makes use of the Site for inappropriate or unsolicited purposes.
- The User hereby warrants that all information provided to Yapper on or via the Site will be true, accurate, current and correct and undertakes to update the information as and when required.
- The User hereby warrants that it has fully disclosed all necessary facts and agrees that such disclosure forms a material aspect of this Agreement.
- When the User visits the Site or sends e-mails to Yapper, it accepts that Yapper can communicate with the User via electronic communication, which shall include e-mail, SMS and / or push notifications, for any purpose related to the Programme and/or the Site.
- The User agrees and acknowledges that electronic communication will be sufficient for purposes of legal service and notices.
- Any electronic communication sent to the User will be regarded to have been received by the User upon being sent by Yapper to the email address and/or the cellphone number provided by the User, or through the application registered to the User.
- All content published on or via the Site (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) (“proprietary material”), is the property of, or is licensed to, Yapper and as such is protected from infringement by local and international legislation and treaties.
- All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in the Site is granted to the User.
- Except with Yapper’s express written permission, no proprietary material from the Site may be copied, retransmitted, used, altered or disseminated.
- Irrespective of the existence of copyright, the User acknowledges that Yapper is the proprietor of all material on the Site (except where a third party is indicated as the proprietor) and that the User has no right, title or interest in any such material.
Disclaimer and Indemnity
- Yapper does not guarantee the operation of the Site or the information, content, tools or materials on the Site. Use of the Site is at the risk of the User and Yapper will not be liable for any loss, liability, harm or damage caused to the User as a result of use of the Site.
- The User acknowledges and understands that the information included on the Site, or received in relation to the Programme, should not be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002.
- To the extent that health and wellness information relating to the User or the User’s pet may be provided on the Site or received in relation to the Programme, it is based on best practice and on current recommendations from Yapper’s panel of professionals, which may change from time to time. The information provided should, however, by no means replace the advice of a registered veterinary care or healthcare provider. The User should not discontinue any treatment which the User or the User’s pet may be receiving based on information reflected on the Site or received in relation to the Programme, without first consulting a doctor or veterinarian as the case may be.
- The User agrees that it is participating in the Programme voluntarily and at its own risk, and to the extent that any activity relating to the Programme involves the physical exertion of the User or a pet, the User understands that exercise or activity may cause harm to, and / or the death of, the User or pet. The User should seek professional medical / veterinary advice before performing any exercise or activity in relation to the Programme.
- The User shall be responsible to ensure that all activities in relation to the Programme are performed in the best interests of the pet, and shall not over-exert, ill-treat, perform any wanton, unreasonable, or negligent commission or omission of acts resulting in unnecessary suffering of the pet.
- Yapper is not a licensed medical provider or veterinary service provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition of the User or its pet.
- The User expressly agrees to release Yapper from any and all liability connected with the User or its pet’s nutritional and athletic activities and shall have no claim against Yapper in respect of any actions, injuries, damages, or losses associated with the User’s or its pet’s nutritional and athletic activities.
- While Yapper makes every effort to ensure that the content and information on the Site, and any advertisements are complete, accurate and up to date, Yapper makes no guarantee about the suitability of the products, services and information on the Site or whether it is complete accurate, up to date or appropriate.
- Yapper reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- Yapper is not responsible for any mistakes in the allocation of points, credits or rewards.
- The User accepts that some of the information, content, tools or materials on the Site come from external sources, and agrees that Yapper is not responsible, and will not be held liable, for any information or content, received from these external sources.
- Yapper cannot be held responsible for any cell phone or data charges as a result of the User’s use of the Site.
- The User accepts full responsibility for all activities that occur under its access details or password and accepts responsibility for maintaining the confidentiality of its access details and password.
- Yapper will not be responsible for any consequences resulting from the User’s response to any communication sent by a “phisher” or a “spoofer”.
- The User defends, indemnifies and holds harmless Yapper, its employees, contractors, agents, officers, directors and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) the use and access of the Site and/or the Programme, by the User or any person using that User’s access details and password; (ii) a breach of this Agreement, or (iii) any content posted.
- In no event shall Yapper, its directors, officers, employees, partners, agents, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) access to or use of or inability to access or use the Site and/or the Programme; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site and/or the Programme; and (iv) unauthorized access, use or alteration of the User’s transmissions or content, howsoever caused, and whether or not it has been informed of the possibility of such damage.
Linking to Third Party Websites
- Yapper may provide links to third party websites on the Site. These links are provided to the User for convenience purposes only and Yapper does not endorse, nor does the inclusion of any link imply Yapper’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
- While Yapper tries to provide links only to reputable websites or online partners, Yapper cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Yapper. Yapper is not responsible for and gives no warranties and makes no representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Site.
- Any Promotional Competition made available by Yapper through the Programme may be governed by rules that are separate from this Agreement. If the User participates in any Promotional Competition, the applicable rules must be reviewed. If the rules for a Promotional Competition conflict with this Agreement, the rules will apply.
- Yapper chooses its registered address as the address for delivery of all notices and/or legal process in terms of this Agreement.
- The headings of the clauses in the Agreement are provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this Agreement.
- The use of the word “including” and its derivatives followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s.
- Any provision of this Agreement which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of this Agreement shall be of full force and effect.
- No failure or delay by Yapper to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this Agreement.
- For any queries in relation to the Site and/or the Programme, please contact ● , tel: ●, email: ●, during office hours (Monday to Friday from 9:00 to 17:00).
- When dealing with Personal Information:
- Yapper will only Process Personal Information with consent of the User (acquired through this Agreement, elsewhere on the Site or otherwise in relation to the Programme), unless Yapper is legally required to do so;
- Yapper takes reasonable care to prevent loss of, damage to or unauthorised destruction of Personal Information and unlawful access to or processing of Personal Information; and
- Yapper will use non-identifying / de-personalised data for statistical and research purposes.
- By using the Site, participating in the Programme, registering or applying online for any Yapper related products or services, or contacting Yapper electronically, the User expressly consents to Yapper processing Personal Information for the purposes set out herein, elsewhere on the Site or otherwise in relation to the Programme and expressly consents to the further processing of Personal Information by Yapper or by third parties (Personal Information will only be shared with third parties to the extent necessary for Yapper to offer the services in relation to the Programme which may include sharing the User’s or its pets’ information within the Yapper community).
Storage of Personal Information
- Personal Information will be stored in Yapper’s databases for as long as the User accesses the Site and/or participates in the Programme and for a reasonable time after the User has ceased accessing the Site and/or participating in the Programme. If the User chooses to delete its account, Personal Information will be permanently deleted, unless Yapper or any third party is required to store such Personal Information in accordance with any law or regulation.
- The User accepts that Yapper may store Personal Information outside of the region or country that the User may submit or use it in.
Reasons for Processing Personal Information
- The following are some of the reasons why Yapper would collect Personal Information:
- to process the User’s instructions or requests and to personalise and tailor services to meet the needs of the User;
- to send personalised promotional material or details to the User;
- photos uploaded or otherwise provided by the User, can be used and displayed on social media platforms and promotional materials related to the Programme; and
- to collect, analyse and combine Personal Information for market research, academic research and statistical purposes.
- Yapper will not sell, rent or provide Personal Information to unauthorised third parties for their use unrelated to the Programme, without the User’s consent.
Correction and Status of Personal Information
- If the User wants to update, delete or correct any Personal Information held by Yapper, or withdraw its consent for Yapper to use its Personal Information, the User may do so on the Site or e-mail Yapper for assistance.
- The User may, at any time, request:
- Yapper to confirm whether or not it holds Personal Information about the User;
- the record or a description of the Personal Information about the User held by Yapper; and
- information about the identity of all third parties or categories of third parties, who have, or have had, access to the User’s Personal Information.
- Yapper may enter into arrangements with its partners or other third party suppliers which will require Yapper to disclose Personal Information, some of such third parties may include:
- suppliers of devices which monitor bodily functions of the User or its pet during exercise or activity;
- rewards partners;
- insurance providers;
- data analysts;
- marketing firms; and
- professional advisers.
Cookies and Online advertising
- Yapper may use information that is sent from the Site to the User’s hard drive, where it is saved (“cookies”). Yapper also collects information about how the User uses the website, the User’s preferences and past browsing history.
- The User hereby acknowledges that it is aware of the following:
- the Personal Information being collected;
- the name and address of Yapper;
- the purpose for which the Personal Information is being collected;
- that providing Personal Information is voluntary;
- failure to provide Personal Information will prevent Yapper from being able to offer the User access to the Programme;
- the fact that Yapper may store Personal Information outside of the region or country in which the User may submit or use it;
- the identity of Yapper as the recipient of the Personal Information;
- the nature or category of the Personal Information;
- the existence of the User’s right of access to and the right to rectify the Personal Information provided by the User;
- the existence of the right to object to the processing of Personal Information; and
- the right to lodge a complaint to the Information Regulator at:
Physical Address: SALU Building, 316 Thabo Sehume Street, Pretoria
Tel: 012 406 4818
C. Community Guidelines
The Community Guidelines are to be read and understood together with Part A and Part B of the Agreement.
- To the extent that the Site has a community aspect or links to external social media platforms related to the Programme, such social aspects are aimed at forming a sense of community, helping people be inspired by the actions of key influencers, experts, friends and people that share a passion for their own wellbeing and the wellbeing of their pets.
- As part of this community aspect, the User may post personal opinions, messages and ideas to the Site and/or social media platforms.
- The User undertakes not to post content to the Site that may be illegal, defamatory, infringing, harassing, obscene, commercial / personal marketing, profane, untrue, incorrect, harmful, or which would reasonably be regarded as inappropriate, and the User accepts that Yapper may remove this content from the Site or any social media platform.
- By posting content the User:
- grants Yapper a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sub-license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit such content in relation to the Programme;
- represents that it owns the content, and/or has the right to use it and the right to grant Yapper the rights and license as provided in this Agreement, and that the posting of the content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
- The User hereby accepts and acknowledges that a violation of the Community Guidelines will constitute a material breach of the Agreement and Yapper will, without derogating from any right which it may have under the Agreement, any other agreement, legislation or the common law, have the right to discontinue any service provided to the User and remove the User’s access from the Site or social media platform.
- Yapper does not curate, control, filter or read postings on the Site on an ongoing basis, and the User acknowledges and agrees that Yapper shall not be responsible, in any way, for any User postings. The User shall indemnify Yapper against any liability, claim, damage or loss of whatsoever nature that may result from the User’s postings to the Site or any social media platform.
D. Competition Guidelines
The Community Guidelines are to be read and understood together with Part A and Part B of the Agreement.
- The Yapper App Challenges will be giving away monthly prizes to top 10 participating Yapper registered members for the competition running for the period of 01 May 2019 until 31 December 2019 (“the Challenge”).
- The promoter is Yapper App (“the Promoter”).
- Any persons entering or participating in this promotion (“Participant”) accept and agree that by entering this promotion, they are signed up on Yapper App as a valid member who has had an opportunity to read and consider these terms and conditions and that they are bound by these terms and conditions.
- By entering the Competition the Participant unconditionally and irrevocably indemnifies and holds harmless the Promoter, as well as its holding company, its subsidiaries and any subsidiaries of its holding company, and their successors and assigns, directors, employees, agents or consultants against all and any losses, claims, proceeding, actions, damages, (direct, consequential or otherwise) liability, demands, expenses, legal costs (on an attorney and own client basis) howsoever arising out of, based upon, or in connection with (directly or indirectly) the Participant’s participation in the Challenge and the prizes.
- The Competition is open to all South African residents (must be currently residing in South Africa).
- This promotion opens on 01 July 2018 or when launched in July and closes on 31 December 2018 at midnight; no entries received before the opening date or after the closing date will be considered.
- PRIZE INFORMATION:
(7.1) A winner will receive one of ten monthly prizes. Monthly winners receive the same prizes, but prizes differ month-to-month.
(7.2) The reimbursement is not exchangeable for with another prize or reward.
(7.3) For more information or assistance, please email email@example.com
(7.4) The prizes will be sent within 30 days of contacting the winner and the winner confirming the required details to have the prizes sent.
(7.5) The winner takes responsibility for providing a valid address to receive the prizes. The winner must reside in South Africa.
(7.6) The winner must be a Yapper App member and signed up to the wellness and rewards program, whilst being an active participant in the month of prize allocations.
(7.7) Winners will be selected, based on the daily and weekly points received on the Yapper App. The top ten Yapper App members will receive prizes and be contacted by the Yapper App team.
(7.8) Winners can receive up to five prizes, if their pet is in the top ten for the month. The same person can therefore receive up to five monthly prizes, should their pets be in the top ten winners for the month.
(7.9) Prizes can / will be different month to month. Winners within the same month will receive the same prizes.
(7.10) Yapper App is not to be held liable for any prizes received.
(8.1) The Promoter reserves the right to withdraw or amend this Promotion, including the prizes, in the event of any unforeseen circumstances or factors outside its control.
(8.2) Participation constitutes acceptance of these terms and conditions.
(8.3) Terms and conditions for the Yapper App program can be viewed on the Yapper App website.
(8.4) Winners may be approached to take part in publicity for broadcast or publishing purposes, which is conditional upon agreement to take part in such publicity. Winners that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise. All publicity and other materials will be the sole property of the Promoter.