MSHTARII DEVELOPMENT TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE MSHTARII DEVELOPMENT MOBILE APPS AND WEBSITE OR ANY PART THEREOF (THE MSHTARII DEVELOPMENT MOBILE APPS AND WEBSITE) IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST LEAVE THE MSHTARII DEVELOPMENT MOBILE APPS, AND WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS. DEFINITIONS AND INTERPRETATIONS

a) “MSHTARII DEVELOPMENT MOBILE APPS AND WEBSITE” means the MSHTARII DEVELOPMENT Mobile Applications and Websites.
b) “User/Reporter” means any person who enters or uses the MSHTARII DEVELOPMENT Mobile Apps and Website, notwithstanding the fact that such a person only visited the home pages of the MSHTARII DEVELOPMENT Mobile Apps and Website.
c) References herein to the singular includes the plural and vice versa; and
d) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a
role in determination of the validity and interpretation of these terms and conditions.
1. GENERAL
1.1. MSHTARII DEVELOPMENT is owned by MSHTARII DEVELOPMENT (Pty)Ltd.
1.2. In this document, MSHTARII DEVELOPMENT means and includes all MSHTARII DEVELOPMENT products, MSHTARII DEVELOPMENT (Pty)Ltd.
2. ALLOWED USE AND LICENSE
2.1. Content from the MSHTARII DEVELOPMENT Mobile Apps and Website shall not be used or exploited by User/Reporters for any commercial and non private purposes without the prior written consent of MSHTARII DEVELOPMENT.
2.2. The caching of the MSHTARII DEVELOPMENT Mobile Apps and Website shall only be allowed if: the purpose of the caching is to make the onward transmission of the content from the MSHTARII DEVELOPMENT Mobile Apps and Website more efficient. the cached content is not modified in any manner whatsoever. the cached content is updated at least every 12 (twelve) hours; and the cached content is removed or updated when so required by MSHTARII DEVELOPMENT.
2.3. If any User/Reporter uses content from the MSHTARII DEVELOPMENT Mobile Apps and Website in breach of the provisions detailed herein:
MSHTARII DEVELOPMENT reserves the right to claim damages from the User/Reporter. MSHTARII DEVELOPMENT reserves the right to institute criminal proceedings against the User/Reporter; and MSHTARII DEVELOPMENT shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User/Reporter or any third party who obtained any content from the User/Reporter.
2.4. Hyperlinks to the MSHTARII DEVELOPMENT Mobile Apps, Console and Website from any other source shall be directed at the home page of the MSHTARII DEVELOPMENT Mobile Apps, Console and Website. MSHTARII DEVELOPMENT shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the MSHTARII DEVELOPMENT Mobile Apps, Console and Website if such content was accessed through a hyperlink not directed at the home page of the MSHTARII DEVELOPMENT Mobile Apps, Console and Website. Persons that wish to link to content beyond the home page of the MSHTARII DEVELOPMENT Mobile Apps, Console and Website shall do so at their
own risk and indemnify MSHTARII DEVELOPMENT against any loss, liability or damage that may result from the use of content from the MSHTARII DEVELOPMENT Mobile Apps, Console and Website, if such content was accessed through a hyperlink not directed at the home page of the MSHTARII DEVELOPMENT Mobile Apps, Console and Website. MSHTARII DEVELOPMENT’s non-liability for deep linking is based on the fact that
deep links bypass these terms and conditions.
2.5. User/Reporters may quote small and reasonable amounts of content available from the MSHTARII DEVELOPMENT Mobile Apps, Console and Website only if such quote is placed in inverted commas and acknowledged.
2.6. No person may frame the MSHTARII DEVELOPMENT Mobile Apps, Console and Website, in any manner whatsoever, without the prior written consent of MSHTARII DEVELOPMENT
2.7. Apart from bona-fide search engine operators and use of the search facility provided on the MSHTARII DEVELOPMENT Mobile Apps, Console and Website by User/Reporters, no person may use or attempt to use any technology or Applications (including web crawlers or web spiders) to search or copy content from the MSHTARII DEVELOPMENT Mobile Apps, Console and Website for any purposes, without the prior written consent of MSHTARII DEVELOPMENT.
2.8. All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by MSHTARII DEVELOPMENT at any time without giving reasons, therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1. All intellectual property on the MSHTARII DEVELOPMENT Mobile Apps, Console and Website, including but not limited to content, trademarks, domain names, sub domains, patents, design elements, software, databases, text, graphics, icons, and hyperlinks are the property of or licensed to MSHTARII DEVELOPMENT and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User/Reporter in clause 2, all other rights to intellectual property on the MSHTARII DEVELOPMENT Mobile Apps, Console and
Website are expressly reserved.
3.2. “MSHTARII DEVELOPMENT” is being registered as a trademark and User/Reporters agree not to use the MSHTARII DEVELOPMENT trademark or trademark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use, or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User/Reporter shall immediately cease to use such domain name and transfer it to MSHTARII DEVELOPMENT at the cost of the User/Reporter.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT Access to the services, content, software, downloads, and products available from the MSHTARII DEVELOPMENT Mobile Apps and Website is classified as “electronic transactions” in terms of the ECT Act and therefor User/Reporters have the rights detailed in Chapter 7 of the ECT Act and MSHTARII DEVELOPMENT has the duty to disclose the following information:
5.1. The full name and legal status of the Mobile Apps and Website owner: MSHTARII DEVELOPMENT.
5.2. Street address: 43 Turners Avenue Berea, Durban, 4001.
5.3. Postal address: See 5.2 above.
5.4. Physical address for receipt of legal service: See 5.2 above.
5.5. The Mobile Apps and Website addresses are: http://www.Mshtarii.com
5.6. The official e-mail address of the MSHTARII DEVELOPMENT Mobile Apps and Website is info@mshtarii.com.
5.7. Membership of self-regulatory or accreditation bodies: None
5.8. Codes of conduct to which the MSHTARII DEVELOPMENT Mobile Apps and Website subscribes: None.
5.9. Implementer: MSHTARII DEVELOPMENT (Pty) Ltd.
5.10. The costs associated with the access and use of the MSHTARII DEVELOPMENT Mobile Apps and Website are as follows: Access to Mobile Apps for reporting purposes – as per costs reflected in the contract. Access to Website for reporting purposes – as per costs reflected in the contract. Maintenance and support of Mobile Apps and Website – as per costs reflected in the contract.
5.11. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding: Access to the MSHTARII DEVELOPMENT Mobile Apps and Website. The inability to access the MSHTARII DEVELOPMENT Mobile Apps and Website; and The services and content available from the MSHTARII DEVELOPMENT Mobile Apps and Website; or these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Durban, South Africa in English. The
arbitration ruling shall be final, and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za.
5.12. Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not Apply to MSHTARII DEVELOPMENT.
5.13. The way User/Reporters may access and maintain a full record of the transaction entered into with MSHTARII DEVELOPMENT: User/Reporters are encouraged to print out and/or save these Terms and Conditions. Further information may be requested from MSHTARII DEVELOPMENT at info@mshtariidevelopment.com
5.14. User/Reporters may lodge complaints concerning the MSHTARII DEVELOPMENT Mobile Apps and Website, the Advertising Standards Authority, or the Consumer Affairs Committee. MSHTARII DEVELOPMENT may be contacted at the following telephone numbers and e-mail addresses:
Telephone: +(27) 76 208 0478
E-mail: info@mshtariidevelopment
6. CHANGES AND AMENDMENTS MSHTARII DEVELOPMENT expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1. change these terms and conditions.
6.2. change the content and/or services available from the MSHTARII DEVELOPMENT Mobile Apps, Console and Website.
6.3. discontinue any aspect of the MSHTARII DEVELOPMENT Mobile Apps, Console and Website or service(s) available from the MSHTARII DEVELOPMENT Mobile Apps, Console and Website; and/or
6.4. change the software and hardware required to access and use the MSHTARII DEVELOPMENT Mobile Apps, Console and Website.
7. PRIVACY
7.1 MSHTARII DEVELOPMENT shall take all reasonable steps to protect the personal information of User/Reporters and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
7.2 MSHTARII DEVELOPMENT will ensure that each report submitted by a User/Reporter will receive a unique report ID which will be the only published link with which any person may correspond with the User/Reporter requesting further information regarding that specific report. The User/Reporter may choose, at their sole discretion, to provide their contact details during the course of the correspondence. The User/ Reporter indemnifies MSHTARII DEVELOPMENT from any Mshtarii Development resulting from the User/Reporter disclosing their own contact details to third parties. The onus remains on the User/Reporter to verify the authenticity of the person/organisation they choose to reveal their contact details to.
7.3 MSHTARII DEVELOPMENT may elect to electronically collect, store, and use the following personal information of User/Reporters:
name and surname.
identity number.
physical address.
workplace position.
affiliations.
department.
supervisors’ details.
age.
language.
log-in mobile contact numbers.
browsing habits and click patterns related to MSHTARII DEVELOPMENT.
e-mail address.
IP address.
Unique ID related to the report.
User/Reporter selected password.
7.4. MSHTARII DEVELOPMENT may elect to collect, store, and use the abovementioned information for the following purposes:
providing the project, support, and services to the User/Reporter. inform the User/Reporter about specific issues from MSHTARII DEVELOPMENT.
subject to the User/Reporter’s consent, inform the User/Reporter of facts relating to his/her access and use of the MSHTARII DEVELOPMENT Mobile Apps and Website. to compile non-personal statistical information about productivity, reporting, browsing habits, click-patterns, and access to the MSHTARII DEVELOPMENT Mobile Apps and Website.
7.5. Information detailed above is collected either electronically or is provided voluntarily by the User/Reporter. User/Reporters may determine cookie use independently through their browser settings.
7.6. MSHTARII DEVELOPMENT may collect, maintain, save, and compile any information collected from User/Reporters, subject to the following provisions: MSHTARII DEVELOPMENT shall disclose information without the User/Reporter’s consent only through due legal process; and
MSHTARII DEVELOPMENT may compile, use, and share any information that relates to any specific individual.
7.7. MSHTARII DEVELOPMENT owns and retains all rights to non-personal statistical information collected and compiled by MSHTARII DEVELOPMENT.
8. HYPERLINKS TO THIRD PARTY SITES MSHTARII DEVELOPMENT may provide hyperlinks to its Mobile Apps and Website not controlled by MSHTARII DEVELOPMENT (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. MSHTARII DEVELOPMENT does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
9. SECURITY
9.1. Subject to clause 5.19, MSHTARII DEVELOPMENT shall take all reasonable steps to secure the content of the MSHTARII DEVELOPMENT Mobile Apps and Website and the information provided by and collected from User/Reporters from unauthorised access and/or disclosure. However, MSHTARII DEVELOPMENT does not make any warranties or representations that content shall be 100% safe and secure.
9.2. MSHTARII DEVELOPMENT is under no legal duty to encrypt any content or communications from and to the MSHTARII DEVELOPMENT Mobile Apps and Website and is also under no legal duty to provide digital authentication of any page on the MSHTARII DEVELOPMENT Mobile Apps and Website.
9.3. User/Reporters may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the MSHTARII DEVELOPMENT Mobile Apps and Website or the server and computer network that support the MSHTARII DEVELOPMENT Mobile Apps and Website. Notwithstanding criminal prosecution, any person who delivers any damaging code to the MSHTARII DEVELOPMENT Mobile Apps and Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold MSHTARII DEVELOPMENT harmless against any and all liability, damages, and losses MSHTARII DEVELOPMENT and its partners / affiliates may suffer as a result of such damaging code.
9.4. User/Reporters may not develop, distribute, or use any device to breach or overcome the security measures of the Project and MSHTARII DEVELOPMENT reserves the right to claim damages any and all persons concerned with a security failure or breach.
9.5. Any User/Reporter who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by MSHTARII DEVELOPMENT and its partners / affiliates.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if Applicable, and as far as allowed by law, MSHTARII DEVELOPMENT (including MSHTARII DEVELOPMENT, its owners, employees, suppliers, network operators, partners, affiliates, and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from: access to the MSHTARII DEVELOPMENT Mobile Apps and Website. access to the Mobile Apps and Website linked to the MSHTARII DEVELOPMENT Mobile Apps and Website. inability to access the MSHTARII DEVELOPMENT Mobile Apps and Website. inability to access the MSHTARII DEVELOPMENT Mobile Apps and Website linked to the MSHTARII DEVELOPMENT Mobile Apps and Website. content available on the MSHTARII DEVELOPMENT Mobile Apps and Website. services available from the MSHTARII DEVELOPMENT Mobile Apps, Console and Website. download, installation and use of the Product; and any other reason not directly related to MSHTARII DEVELOPMENT’s gross negligence.
10.2. The MSHTARII DEVELOPMENT Mobile Apps and Website and the Product are supplied on an “as is” basis and have not been compiled to meet the User/Reporter’s individual requirements. It is the responsibility of the User/Reporter to satisfy him/herself, prior to entering into this agreement with MSHTARII DEVELOPMENT, that the content, products, and services available from and through the MSHTARII DEVELOPMENT Mobile Apps and Website meet the User/Reporter’s individual requirements and are compatible with the User/Reporter’s computer hardware and/or software.
10.3. Information, ideas, and opinions expressed on the MSHTARII DEVELOPMENT Mobile Apps and Website should not be regarded as professional advice or the official opinion of MSHTARII DEVELOPMENT and User/Reporters are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the MSHTARII DEVELOPMENT Mobile Apps, Console and Website.
10.4. This Mobile Apps, Console and Website is directed primarily at User/Reporters wishing to report service delivery issues as perceived by the User/Reporter and MSHTARII DEVELOPMENT shall not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa.
10.5. MSHTARII DEVELOPMENT sources content from various third parties and does not control the content provided by such third parties and MSHTARII DEVELOPMENT only serves as an electronic distribution platform for such third-party content. Therefore, MSHTARII DEVELOPMENT shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the MSHTARII DEVELOPMENT Mobile Apps, Console and Website not created by MSHTARII DEVELOPMENT or its employees.
10.6. MSHTARII DEVELOPMENT does not make any warranties or representation that content, products, and services available from the MSHTARII DEVELOPMENT Mobile Apps, Console and Website will in all cases be true, correct, or free from any errors. MSHTARII DEVELOPMENT shall take all reasonable steps to ensure the quality and accuracy of content available from the MSHTARII DEVELOPMENT Mobile Apps, Console and Website.
10.7. MSHTARII DEVELOPMENT does not make any warranties or representations that the MSHTARII DEVELOPMENT Mobile Apps, Console and Website will be available at all times. User/Reporters acknowledge that the MSHTARII DEVELOPMENT Mobile Apps, Console and Website may be unavailable due to updates or other causes beyond the reasonable control of MSHTARII DEVELOPMENT, including, but not limited to virus infection, power failure or other “acts of God”.
10.8. MSHTARII DEVELOPMENT does not make any warranties or representations that the MSHTARII DEVELOPMENT Mobile Apps, Console and Website reports will be available at all times. User/Reporters acknowledge that the MSHTARII DEVELOPMENT Mobile Apps, Console and Website reports may be unavailable due to updates or other causes beyond the reasonable control of MSHTARII DEVELOPMENT, including, but not limited to virus infection, power failure or other “acts of God”. Any report that cannot be accessed at a particular point in time will be made available as soon as possible.
11. REMOVAL AND CORRECTION OF CONTENT: User/Reporters are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or
harmful content available from the MSHTARII DEVELOPMENT Mobile Apps, Console and Website and MSHTARII DEVELOPMENT undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
12. INTERCEPTION OF COMMUNICATIONS
12.1. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002 (SA), the User/Reporter agrees to MSHTARII DEVELOPMENT’s right to intercept, block, filter, read, delete, disclose, and use all communications sent or posted by the User/Reporter to the MSHTARII DEVELOPMENT Mobile Apps, Console and Website or its staff and employees.
12.2. Subject to the provisions of the ECT Act, the User/Reporter agrees and acknowledges that the consent provided by the User/Reporter in clause 12.1 satisfies the “writing” requirement.
13. ENTIRE AGREEMENT AND SEVERABILITY
13.1. These terms and conditions constitute the entire agreement between MSHTARII DEVELOPMENT and the User/Reporter and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by MSHTARII DEVELOPMENT from the User/Reporter.
13.2. Any failure by MSHTARII DEVELOPMENT to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and Applicable.
14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
14.1. the User/Reporter shall be bound to these term and conditions and such agreement is concluded in Durban at the time the User/Reporter enters the MSHTARII DEVELOPMENT Mobile Apps and Website for the first time or immediately after the User/Reporter indicated consent as required in the End-User/Reporter License Agreement during the Mobile Apps/Product installation process.
14.2. data messages (as defined in the ECT Act) addressed by the User/Reporter to MSHTARII DEVELOPMENT shall only be deemed to have been received if and when responded to.
14.3. data messages (as defined in the ECT Act) addressed to the User/Reporter by MSHTARII DEVELOPMENT shall be deemed to be received by the User/Reporter as detailed in section 23(b) of the ECT Act.
14.4. data messages (as defined in the ECT Act) addressed by the User/Reporter to MSHTARII DEVELOPMENT shall be deemed to have been created and sent by the User/Reporter from within the geographical boundaries as indicated in the georeferencing of each report.
14.5. electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User/Reporter and MSHTARII DEVELOPMENT (communication lines used to back-up data through the use of the Product shall be secured by MSHTARII DEVELOPMENT); and
14.6. the User/Reporter agrees and warrants that data messages that are sent to MSHTARII DEVELOPMENT from a computer, IP address or mobile device normally used by or owned by the User/Reporter, was sent and/or authorised by the User/Reporter personally.
15. APPLICABLE AND GOVERNING LAW: The MSHTARII DEVELOPMENT Mobile Apps and Website is hosted, controlled, and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the MSHTARII DEVELOPMENT Mobile Apps and Website, its content, services and these terms and conditions.
16. LEGAL COSTS: MSHTARII DEVELOPMENT shall not be liable for costs incurred by User/Reporters to obtain professional advice relating to these terms and conditions.

ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED