Terms & Conditions
Terms and Conditions for the use of the Green Dream Platform
1. Contractual Relationship
These Terms of Use (“Terms”) govern the access or use of the WE HELP Platform (“the Platform”) by you from within and/or outside of South Africa of the Services made available and created by Green Dream Projects 58 (Pty) Limited, a private limited liability company established in South Africa, having its registered address at 83A Shepherd Avenue, Bryanston, with registration number 2015 / 359436 / 07 (“Green Dream”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
2. Terms of Use
By downloading the Platform, you agree to be bound by these Terms. Green Dream reserves its right to amend these Terms at any time on written notice to you. If you disagree with any of these Terms, you must immediately discontinue your access to the Platform and your use of the Services offered on the Platform. Continued use of the Platform will constitute acceptance of the Terms, and an acknowledge to be bound by the Terms, as may be amended from time to time.
3. Definitions
In these Terms, the following terms shall have the following meanings, except where the context otherwise requires:
"Account" an account created by a User on the Platform as part of their Registration;
“Parties” Green Dream and the User collectively, and “Party” shall be construed
accordingly;
"Privacy Policy" the privacy policy document which is available on the Green Dream website;
"Register" to create an Account on the Platform and "Registration" means the act of creating such an Account;
"Services" access to a social networking app which will notify communities of security and/or medical emergencies and all other services (if applicable) provided by Green
Dream via the Platform to Users, and "Service" means any one of them; and "Users" the users of the Platform, including you and "User" means any one of them.
4. General Issues About the Platform and/or The Services
4.1. The use of any Services and/or the Platform are subject to these Terms.
4.2. The Platform and the Services are intended for use by Users who access the Platform worldwide. Notwithstanding the above, if you access the Platform and/or use the Services, you do so at your own risk and on your own initiative and you shall be responsible for the consequences and for compliance with all applicable laws. Green Dream shall not be held liable for any loss and/or claims associated with the use by Users.
4.3. The Platform and the Services are available to Users through a one-time license purchase. However, Green Dream reserves its rights to change the pricing model for the Platform on formal notice to the Users.
4.4. Green Dream reserves the right to prevent you from using the Platform and the Services (or any part of them) should you breach these Terms.
4.5. The provision of the Services and the Platform does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Platform and/or the Services. To use the Platform and/or Services, you will be required to download the Platform from the Android store and shall require the appropriate telecommunication links for certain aspects of the Services.
4.6. The User acknowledges that the terms of any agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the Platform. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Platform or any such third-party charges as may arise. You accept responsibility for any such charges that may arise as a result. Green Dream shall not be held responsible for any reason whatsoever as a result of you being unable to use the Platform for any reason whatsoever by your Mobile Provider.
4.7. If the User is not the owner of the mobile device being used to access the Platform; the person accessing the Platform will be assumed to have received permission from the owner for using the Platform.
4.8. By submitting any text or images (including photographs) (“Material”) via the Platform you represent that you are the owner of the Material or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant Green Dream a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.
5. Location Alerts and Notifications
By using the Platform and/or the Services, you agree that all communication shall be sent via the Platform, SMS and/or email. You further shall be deemed to have agreed and consented to receive notifications on the Platform from Green Dream if you have turned on notification services on your mobile telephone.
6. User’s Obligations
6.1. The User hereby agrees to (and shall) abide by the Terms for which his/her use of the Services and/or the Platform relates to, as may be amended from time to time.
6.2. The User warrants and agrees that in order for Green Dream to provide the Services, the User must provide it with his/her personal information which shall be used in order to efficiently carry out the Services.
6.3. The User further warrants and agrees that all such information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform Green Dream of any changes to such information by updating the information in your Account. Green Dream shall not be held liable for any loss and/or damage of whatsoever nature as a result of any false and/or incorrect information being provided by you on your Registration and Green Dream not being able to provide the Services as a result.
6.4. The User further agrees that it shall be his/her responsibility to ensure that any information made available through the Platform and/or the Services meet your specific requirements.
6.5. Without limitation, the User undertakes not to use or permit anyone else to use the Services or the Platform to perform the following:-
6.5.1. send or receive any material which may damage the reputation and/good
standing of Green Dream;
6.5.2. send or receive any material which is threatening, grossly offensive, of an
indecent, obscene or menacing character, blasphemous or defamatory of any
person, in contempt of court or in breach of confidence, copyright, rights of
personality, publicity or privacy or any other third party rights;
6.5.3. send or receive any material for which you have not obtained all necessary
licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil
liability, or otherwise be contrary to the law of or infringe the rights of any third
party in any country in the world;
6.5.4. send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
6.5.5. cause annoyance, inconvenience or needless anxiety;
6.5.6. intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6.5.7. for a purpose other than which we have designed them or intended them to be used;
6.5.8. for any fraudulent purpose;
6.5.9. other than in conformance with accepted internet practices and practices of any connected networks;
6.5.10. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity;
6.5.11. in such a way as to, or commit any act that would or does, impose an
unreasonable or disproportionately large load on our infrastructure; or
6.5.12. in such a way which shall be in breach of these Terms and the Privacy Policy which shall cause reputational harm and/or damage to Green Dream and its
Platform.
6.6. Prohibitions in relation to usage of Services and/or the Platform: Without limitation, you further undertake not to or permit anyone else to:-
6.6.1. furnish false data including false names, addresses and contact details and
fraudulently use account numbers, credit/debit card numbers;
6.6.2. attempt to circumvent our security or network including accessing data not
intended for you, log into a server or account you are not expressly authorised to
access, or probing the security of other networks (such as running a port scan);
6.6.3. execute any form of network monitoring which will intercept data not intended for you;
6.6.4. enter into fraudulent interactions or transactions with us (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
6.6.5. extract data from or hack into the Platform;
6.6.6. use the Services or Platform in breach of these Terms;
6.6.7. engage in any unlawful activity in connection with the use of the Platform or the Services; or
6.6.8. engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Platform or Services.
7. Rules About the Use of The Service and The Platform
7.1. The Platform supplies a technology-based platform which allows Users to download the application onto their mobile device, and/or computer ("the Device"). Once downloaded, Users are granted access to the Platform and the Services.
7.2. By accepting the Terms, you agree to permit (where necessary) that third-party emergency service providers, control rooms and/or crisis centres may be provided with your location in order for a responder to be dispatched. Furthermore, you agree to permit access into your premises in order for the third-party service providers to assist you and your family.
7.3. The User hereby acknowledges that Green Dream does not itself provide any emergency response services to the Users. The User further acknowledges and accepts that once a panic button is pressed, the onus will be on the User’s group to decide what course of action must be taken. Green Dream accepts no liability of whatsoever nature or howsoever arising from any act or omission of the User’s group and/or a emergency service provider, or anyone associated therewith and agree only to facilitate communication between the User and member’s of the Users community group on the Platform.
7.4. Green Dream shall use its reasonable best endeavours to correct any errors or omissions as soon as is practicably possible after being notified of any errors by the User. However, Green Dream cannot guarantee that the Services or the Platform will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, the User must report such error to Green Dream as soon as possible in order for us to rectify such issue.
7.5. Green Dream shall use its reasonable best endeavours to protect the personal information of Users in line with the Privacy Policy and with the Protection of Personal Information Act
(“POPI”). However, it is recorded that your personal information may be disclosed and/or made available on the groups that you join on the Platform. It is further recorded that only those who are part of your groups may have access to your personal information. Green Dream shall not be held liable and/or responsible for any damage and/or loss to your personal information as a result of your voluntary election to join such groups.
7.6. Green Dream does not warrant that your use of the Services or the Platform will be uninterrupted, nor does it warrant that any information (or messages) transmitted via the Services or the Platform will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that Green Dream shall use its best endeavours to allow uninterrupted access to the Services and the Platform, access to the Services and the Platform may be suspended, restricted or terminated at any time on reasonable notification to you.
7.7. Green Dream further does not provide any warranty that the Services and the Platform shall be free from viruses or anything else which may have a harmful effect on any technology. Green Dream shall use its best endeavours to ensure that the necessary anti-virus programs are in place but cannot guarantee that such programs will alleviate any viruses from the Platform.
7.8. Green Dream reserves its right to change, modify, substitute, suspend or remove, with written notice to the Users, any information and/or Services on the Platform from time to time.
7.9. Green Dream further reserves its right to restrict User’s access to the Platform and/or the Services to allow for repairs, maintenance or the introduction of new facilities or services. Green Dream will use our best endeavours to restore such access as soon as is reasonably possible to the Users. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Platform at any time.
7.10. Green Dream reserves its right to block access to and/or to edit and/or remove any material which in our reasonable opinion may give rise to a breach of these Terms.
8. Suspension and Termination
8.1. In the event that a User (or anyone other than such User, with the User’s permission) uses the Platform, any Services in contravention of these Terms, Green Dream shall be entitled to suspend your use of the Services and/or the Platform with immediate effect.
8.2. Should your access to the Services and/or the Platform be suspended, Green Dream reserves its rights to refuse to restore the Services and/or the Platform for your use until such time as it has received an assurance from you, in a reasonable form we deem acceptable, that there will be no further breach of the provisions of these Terms.
8.3. Green Dream shall fully cooperate with any law enforcement authorities or court order requesting or directing Green Dream to disclose the identity or locate anyone in breach of these Terms.
8.4. Without limitation to anything else in this Clause 8, Green Dream shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or the Platform; (b) suspend your use of the Services and/or the Platform; and/or (c) suspend the use of the Services and/or the Platform for persons we believe to be connected (in whatever manner) to you, if:
8.4.1. you commit any act as stipulated in clauses 6.5 and 6.6 above;
8.4.2. you commit any breach of these Terms;
8.4.3. we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms;
8.4.4. we suspect, on reasonable grounds, that you may have committed or be
committing any fraud against us or any person; and/or
8.4.5. our rights under this Clause 8 shall not prejudice any other right or remedy we may have in law in respect of any breach or any rights, obligations or liabilities
accrued prior to termination.
9. Disclaimer and Exclusion of Liability
9.1. The User acknowledges that Green Dream will be providing the Services on the Platform in circumstances which by its very nature, may be dangerous and potentially life threatening to the User. The Services are in no way intended to limit or reduce the User’s risk of death, injury and/or harm whether through an event linked to including but not limited to, violent crime, or other such threat and should in no way be viewed as a preventative measure. The Services are intended to support, if possible, Users who might become seriously hurt, injured or in serious danger for their life the victims of criminal activity or any such situation resulting in the need for intervention by providing such Users with the ability to communicate to others of the imminent danger they are facing.
9.2. Further to the above, Green Dream, its directors, employees, partners and financiers accept no responsibility or liability for any malady, incident, harm, death, injury, and/or loss that may occur or be suffered by a User while using the Platform.
9.3. It is further acknowledged and agreed by the User that Green Dream, its directors, employees, and financiers have no control over whether the User’s group make a request for help or not and accordingly, we accept no liability and/or responsibility for any conduct including but not limited to any act or omission of an emergency responder in either accepting or declining an emergency request via the Platform.
9.4. For the sake of clarity, and to avoid any confusion, Green Dream are not able to guarantee response times (should a decision be made to contact emergency personnel), access to responders and/or the availability of responders at any given time and do not accept any liability or responsibility of whatsoever nature and howsoever arising for a responder being unavailable to respond and/or failing to respond to an emergency request via the Platform.
9.5. The Platform, the Services, the information on the Platform and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express and/or implied.
9.6. To the fullest extent permitted by applicable law, Green Dream disclaim all representations and warranties relating to the Platform and its contents, including in relation to any inaccuracies or omissions in the Platform, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
9.7. Green Dream shall use its best endeavours to ensure that the Platform will be accessible, uninterrupted, timely, secure, error free or free from computer virus, however, Green Dream does not warrant that the Platform shall always be accessible, uninterrupted, timely, secure, error free and/or free from computer virus, or other invasive or damaging code or that the Platform will not be affected by load-shedding, any acts of God or other force majeure events, including but not limited to the inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
9.8. While Green Dream will use its best endeavours to include accurate and up-to-date information on the Platform, we make no warranties or representations as to its accuracy, timeliness or completeness.
9.9. Green Dream shall not be liable for any acts and/or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Platform and the Services offered in the Platform, your access to, use of or inability to use the Platform or the services offered in the Platform, reliance on or downloading from the Platform and/or Services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
9.10. Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not warrant that data transfers pursuant to the Platform, or electronic mail transmitted to and from us, will not be monitored or read by others.
10. Indemnity
The User agrees to indemnify and keep Green Dream indemnified against any claim, action, suit or proceeding brought or threatened to be brought against it which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number allocated by Green Dream and/or (c) your breach of any of these Terms, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
11. Intellectual Property Rights
11.1. All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the Platform are protected by copyright laws and/or other laws and/or international treaties and belong to Green Dream and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcast or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
11.2. Nothing contained on the Platform should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Platform without our written permission. Misuse of any trademarks or any other content displayed on the Platform is prohibited.
11.3. In the event of any infringement of our intellectual property, Green Dream reserves its right to take legal action against any unauthorised usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
12. Amendments
12.1. Green Dream may periodically make changes to the contents of the Platform, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Platform.
12.2. Green Dream reserves its right to amend these Terms from time to time on written notice to its Users. The revised Terms will be posted on the Platform and shall take effect from the date of such posting. You are advised to review these Terms periodically as they are binding upon you.
13. Applicable Law and Jurisdiction
13.1. The Platform can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Platform both you and we agree that the laws of the Republic of South Africa, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Platform.
13.2. You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Republic of South Africa in respect of any dispute arising out of and/or in connection with these Terms.
13.3. In the event that any claim or dispute arises out of or in connection with these Terms, the Parties shall, following service of written notice by one party on the other, attempt to resolve amicably by way of good faith negotiations and discussions any such dispute or claim as soon as reasonably practicable (and in any event within 14 calendar days after such notice or by such later date as the parties may otherwise agree in writing).
13.4. In the event that the parties are unable to resolve the dispute, the said dispute or difference shall on written demand by any party to the dispute be submitted to arbitration in Johannesburg, by a single arbitrator agreed to by the Parties and failing agreement within 10 (ten) days after arbitration has been demanded, the arbitrator shall be appointed by the Arbitration Foundation of Southern Africa ("AFSA”) in accordance with the rules of the AFSA ("AFSA Rules") and applying the Uniform Rules of Court (regulating the conduct of the proceedings of the several Provincial and Local Divisions of the High Court of South Africa, as initially promulgated in Government Notice R48 of 12 January 1965, as amended); provided that, to the extent that there is any conflict between the AFSA Rules and the Uniform Rules of Court, the AFSA Rules shall prevail.
13.5. This clause shall not preclude any Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
13.6. The Parties irrevocably agree that the decision of the arbitrator, shall be final and binding on them, shall be carried into effect and shall be capable of being made an Order of any Court of competent jurisdiction.