Terms and Conditions

1. Introduction

1.1. This agreement constitutes the Standard Terms and Conditions (STC) and regulate the terms of use of the YapScan Platform.

1.2 In this agreement, where we use ‘Us’, ‘We’, or ‘YapScan’ we mean YapScan (Pty) Ltd and where we make reference to ‘you’, we mean you as the user of the YapScan Platform (this includes the Website and Application/App).

1.3 The STC will be applicable to registered and non-registered users, unless stated otherwise.

1.4 Use of the YapScan Platform is also subject to our privacy policy.

1.5 By using the YapScan Platform, you agree that you have read, understood and regard the STC and privacy policy as binding on you.

2. Important Notice

2.1. These STC’s apply to consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”), where applicable.

2.2. These STC’s contain provisions that appear in similar text and style to this clause and which –

2.2.1. may limit our risk or liability;

2.2.2. may create a risk or a liability for you; and/or

2.2.3. may compel you to indemnify YapScan; and/or

2.2.4. serves as an acknowledgement, by you, of a fact.

2.3. You need to take special notice of these specific terms as they are important and should be carefully noted.

2.4. If there is any provision in these STC’s that you do not understand, it is your responsibility to ask YapScan to explain it to you before you accept the Terms and Conditions or continue using the YapScan Platform.

2.5. Nothing in these STC’s is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, created for either you or YapScan in terms of the CPA or any other act or applicable law.

2.6. YapScan permits the use of the YapScan Platform subject to these STC’s. By using the YapScan Platform in any way, you shall be deemed to have accepted all the STC’s unconditionally. You must not use the YapScan Platform if you do not agree to the STC’s.

3. Registration and use of the YapScan Platform

3.1. To register as a you, you must provide a unique username and password and provide certain information and personal details to YapScan. You will need to use your unique username and password to access the YapScan Platform.

3.2. You agree and warrant that your username and password will:

3.2.1. be used for personal use only; and

3.2.2. not be disclosed by you to any third party.

3.3. For security purposes you agree to enter the correct username and password whenever using the YapScan Platform, failing which you will be denied access.

3.4. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will not hold YapScan liable for any damage and or loss of whatsoever nature because of the unauthorised use of your log in details.

3.5. You agree to notify YapScan immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

3.6. By using the YapScan Platform you warrant that you are 16 (sixteen) years of age or older and of full legal capacity. If you are under the age of 16 (sixteen) years or if you are not legally permitted to enter into a binding agreement, then you may use the YapScan Platform only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these STC’s and to be liable and responsible for you and all your obligations under these STC’s.

3.7. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the YapScan Platform, whether directly by you or using any software. In addition, you agree to not monitor, copy, distribute or modify the YapScan Platform or the information contained therein, without the prior written consent from an authorised YapScan representative.

3.8. You may not in any way display, publish, copy, print, post or otherwise use the YapScan Platform and/or the information contained therein without the express prior written consent of an authorised YapScan representative.

3.9. In using YapScan, you will not publish, post, upload, distribute or disseminate any profane, defamatory, obscene, indecent, or unlawful topic, name, image, material or information.

3.10. In using YapScan, you will not publish, post, upload, distribute, or disseminate any content that, in the sole judgment of YapScan, is objectionable, or which may expose others to any harm.

3.11. In using YapScan, you will not publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

4. Consent to obtain personal information

4.1 You concede that, to provide the services offered on the YapScan Platform, it may be necessary for YapScan to obtain information of a personal nature, other than information you specifically provide during registration and the use of the YapScan Platform.

4.2 You hereby give YapScan the necessary permission in order to access certain third party databases and obtain the information that may be necessary to provide you with the offered services, subject to the conditions stated in the Privacy Policy.

5. Errors

5.1. We do not warrant the accuracy or completeness of any third-party content used on the YapScan Platform.

6. Changes to these STC’s

6.1. YapScan may, in its sole discretion, change any of these STC’s at any time. It is your responsibility to regularly check these STC’s and make sure that you are satisfied with the changes. Should you not be satisfied, you should refrain from using the YapScan Platform and de-register as a you.

6.2. Any such change will only apply to your use of the YapScan Platform after the change is displayed on the YapScan Platform. If you use the YapScan Platform after such amended STC’s have been displayed on the YapScan Platform, you will be deemed to have accepted such changes.

7. Electronic communications

7.1. When you visit the YapScan Platform or send emails to us, you consent to receiving communications from us or any of our related and inter-related companies and third-parties electronically in accordance with our privacy policy.

8. Ownership and copyright

8.1. The contents of the YapScan Platform, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the For Keeps Platform (“YapScan Platform Content”) are protected by law, including but not limited to copyright and trade mark law. The YapScan Platform Content is the property of YapScan, its advertisers and/or sponsors and/or is licensed to YapScan.

8.2. You will not acquire any right, title or interest in or to the YapScan Platform or the YapScan Platform Content.

8.3. Any use, distribution or reproduction of the YapScan Platform Content is prohibited unless expressly authorised in terms of these STC’s or otherwise provided for in law.

8.4. Where any of the YapScan Platform Content has been licensed to YapScan or belongs to any third party, your rights of use will also be subject to any STC’s which that licensor or third party imposes from time to time and you agree to comply with such third party STC’s.

9. Disclaimer

9.1. The use of the YapScan Platform is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the YapScan Platform or reliance on any information on the YapScan Platform.

9.2. Whilst YapScan takes reasonable measures to ensure that the content and functioning of the YapScan Platform is accurate and complete, YapScan makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the YapScan Platform or as to the accuracy, completeness or reliability of any information on the YapScan Platform. If any such representations or warranties are made by YapScan’ representatives, YapScan shall not be bound thereby.

9.3. YapScan disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the YapScan Platform and/or any content therein unless otherwise provided by law.

9.4. In addition to the disclaimers contained elsewhere in these STC’s, YapScan also makes no warranty or representation, whether express or implied, that the information or files available on the YapScan Platform are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of YapScan, its employees, agents or authorised representatives. YapScan thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the YapScan Platform.

10. Linking to third party Platforms

10.1. The YapScan Platform may contain links or references to other Platforms (“Third Party Platforms”) which are outside of our control, including those of advertisers. These STC’s do not apply to those Third Party Platforms and YapScan is not responsible for the practices and/or privacy policies of those Third Party Platforms or the “cookies” that those sites may use.

10.2. Notwithstanding the fact that the YapScan Platform may refer to or provide links to Third Party Platforms, your use of such Third Party Platforms is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Platforms or your reliance on any information contained thereon.

11. Limitation of liability

11.1. YapScan shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the YapScan Platform or the content contained in the YapScan Platform; or your inability to use the YapScan Platform, and/or unlawful activity on the YapScan Platform and/or any linked Third Party Platforms.

11.2. You hereby indemnify YapScan against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the YapScan Platform and/or any Third Party Platforms.

12. Availability and termination

12.1. We will use reasonable endeavours to maintain the availability of the YapScan Platform, except during scheduled maintenance periods, and are entitled to discontinue providing the YapScan Platform or any part thereof with or without notice to you.

12.2. YapScan may in its sole discretion terminate, suspend and modify the YapScan Platform, with or without notice to you. You agree that YapScan will not be liable to you if it chooses to suspend, modify or terminate the YapScan Platform other than for processing any transactions made by you prior to such time, to the extent possible.

12.3. If you fail to comply with your obligations under these STC’s, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the YapScan Platform without any prejudice to any claims for damages or otherwise that we may have against you.

12.4. At any time, you can choose to stop using the YapScan Platform, with or without notice to YapScan.

13. Governing law and jurisdiction

13.1. These STC’s and our relationship and/or any dispute arising from or in connection with these STC’s shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the YapScan Platform will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these STC’s.

13.2. Nothing in this clause or the STC’s limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

14. Information

14.1. For the purposes of the ECT Act, YapScan’ information is as follows, which should be read in conjunction with its product descriptions and other STC’s contained on the YapScan Platform:

14.1.1. Full name: For Keeps (Pty) Ltd

14.1.2. Main business: YapScan provides a digital platform for members to scan, identify and protect their pets

14.1.3. Physical address for receipt of legal service (also postal and street address): 66 Charterland Ave, Selcourt, Springs, South Africa.

14.1.4. Office bearers: Robert James Inglis

14.1.5. Phone number: 0861 001 008

14.1.6. Email address: rob@roadprotect.co.za

14.1.7. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from our Platform.

15. General

15.1. YapScan may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the YapScan Platform or the your right to use the YapScan Platform or any of its contents subject to us processing any orders then already made by you.

15.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these STC’s to any third party.

15.3. Any failure on the part of you or YapScan to enforce any right in terms hereof shall not constitute a waiver of that right.

15.4. If any term or condition contained herein is declared invalid, the remaining STC’s will remain in full force and effect.

15.5. No variation, addition, deletion, or agreed cancellation of the STC’s will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

15.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

15.7. These STC’s contain the whole agreement between you and YapScan and no other warranty or undertaking is valid, unless contained in this document between the parties.

15.8. YapScan has an endorsement agreement with the Society for the Prevention of Cruelty to Animals (NSPCA) in South Africa. The endorsement is subject to the conditions of the endorsement agreement, and such terms and limits shall apply.

YapScan Privacy Policy

This Privacy Policy explains how we collect, use, process, and disclose your information across the YapScan Digital Platform. If you see an undefined term in this Privacy Policy it has the same definition as outlined in our Standard Terms and Conditions. When this policy mentions “YapScan,” “we,” “us,” or “our,” it refers to Road Protect (Pty) Ltd trading as YapScan whom is responsible for your information under this Privacy Policy (the “Data Controller”).

In this agreement, where we refer to YapScan Digital Platform, we mean YapScan Application (App) and/or the Digital Platform

INFORMATION WE COLLECT:

There are three general categories of information we collect.

1.1 Information You Give Us.

-We collect information you share with us when you use the YapScan Digital Platform.

-Account Information. When you register on the YapScan Digital Platform, we require certain information such as your name, mobile number, email address.

-Profile & Platform Feature Information. To use certain features within the YapScan Digital Platform, we may also ask you to complete a profile, which may include your address, phone number, and information such as your favorite sport, favorite player and favorite team

-Other Authentication-Related Information. To help create and maintain a trusted environment and to provide the offered services, we may collect identification (like a photo of your government-issued ID) or other authentication information.

-Payment Information. Payment information may be collected by a third-party we utilise for the processing of payments. We do not keep any payment information.

-Communications with YapScan. When you communicate with YapScan or use the YapScan Digital Platform to communicate with us, we collect information about your communication and any information you choose to provide.

-Other Information. You may otherwise choose to provide us with information when you fill in a form, conduct a search, update or add information to your YapScan Account, respond to surveys, post to community forums, participate in promotions, or use other features of the YapScan Digital Platform.

1.2 Information We Automatically Collect from Your Use of the YapScan Digital Platform.

-When you use the YapScan Digital Platform, we collect information about the services you use and how you use them.

-Usage Information. We collect information about your interactions with the YapScan Digital Platform, such as the pages or other content you view and other actions on the YapScan Digital Platform.

-Location Information. When you use certain features of the YapScan Digital Platform, we may collect different types of information about your general location (e.g. IP address, postal code) or more specific location information (e.g. precise location from your mobile GPS). Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu.

-Log Data. We automatically collect log information when you use the YapScan Digital Platform, whether you are a registered user or not and irrespective of if you are logged in or not. That information includes, among other things: details about how you’ve used the YapScan Digital Platform (including links to third party applications), IP address, access times, hardware and software information, device information, device event information (e.g., crashes, browser type), and the page you’ve viewed or engaged with before or after using the YapScan Digital Platform.

-Transaction Information. We collect information related to your transactions on the YapScan Digital Platform, including the date and time, amounts charged, and other related transaction details.

-Cookies and Similar Technologies. We use cookies and other similar technologies, such as web beacons, pixels, and mobile identifiers. We may also allow our business partners to use these tracking technologies on the YapScan Digital Platform, or engage others to track your behaviour on our behalf. While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application.

1.3 Information We Collect from Third Parties.

-We may collect information that others provide about you when they use the YapScan Digital Platform, or obtain information from other sources and combine that with information we collect through the YapScan Digital Platform.

-Third Party Services. If you link, connect, or login to your YapScan Digital Platform with a third party service (e.g., Facebook, WeChat), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorised by you via your privacy settings at that service.

-Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you.

For example, we may receive background check results or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the YapScan Digital Platform through partnerships, or about your experiences and interactions from our partner ad networks.

HOW WE USE INFORMATION COLLECTED

We use, store, and process information about you to provide, understand, improve, and develop the YapScan Digital Platform, and to create and maintain a trusted and safer environment.

2.1 Provide, Improve and Develop the YapScan Digital Platform.

-Enable you to access and use the YapScan Digital Platform.

-Operate, protect, improve and optimize the YapScan Digital Platform and experience, such as by performing analytics and conducting research.

-Personalize or otherwise customize your experience by, among other things, ranking search results or showing ads based on your use.

-Enable you to access and use the Payment Services.

-Provide customer service.

-Send you service or support messages, such as updates, security alerts, and account notifications.

-If you provide us with your contacts’ information, we may use and store this information: (i) to facilitate your referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorise at the time of collection.

2.2 Create and Maintain a Trusted and Safer Environment.

-Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.

-Conduct investigations and risk assessments.

-Verify or authenticate information or identifications provided by you (such as to verify your address or compare your identification photo to another photo you provide).

-Conduct checks against databases and other information sources.

-Comply with our legal obligations.

-Resolve any disputes with any of our users and enforce our agreements with third parties.

-Enforce our Standard Terms and Conditions and other policies.

2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.

-Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your communication preferences (including information about YapScan campaigns and services).

-Personalize, measure, and improve advertising.

SHARING & DISCLOSURE

3.1 With Your Consent.

-We may share your information at your direction or as described at the time of sharing, such as when you authorise a third party application or Digital Platform to access your YapScan Account.

3.2 Service Providers.

-We use a variety of third party service providers to help us provide services related to the YapScan Digital Platform. For example, service  providers may help us: (i) verify or authenticate your identification, (ii) check information against public databases, (iii) assist us with background checks, fraud prevention, and risk assessment, or (iv) provide customer service, advertising, or payments services.

3.3 Safety and Compliance with Law.

-YapScan may disclose your information to courts, law enforcement or governmental authorities, or authorised third parties, if and to the extent we are required to do so by law or if such disclosure is reasonably necessary: (i) to avoid prejudice to the maintenance of the law by any public body, including the prevention, detection, investigation, prosecution and punishment of offences; (ii) to comply with an obligation imposed by law or to enforce legislation concerning the collection of revenue as defined in section 1 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997); (iii) for the conduct of proceedings in any court or tribunal that have commenced or are reasonably contemplated; (iv) in the interests of national security; or (v) to maintain the legitimate interests of the responsible party or of a third party to whom the information is supplied;

-We will attempt to notify Members about these requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon YapScan’ property, its Members and the Platform (collectively, “Risk Scenarios”).

In instances where we comply with legal requests without notice for these reasons, we will attempt to notify the Member about the request after the fact if we determine in good faith that we are no longer legally prohibited from doing so and that no Risk Scenarios apply.

3.4 Business Transfers.

If YapScan undertakes or is involved in any merger, acquisition, reorganisation, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all our assets, including your information. In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

3.5 De-identified Data.

We may also share de-identified information (information about our users that we may combine so that it no longer identifies or references an individual user) and non-personally identifiable information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes

THIRD PARTY PARTNERS & INTEGRATIONS:

The YapScan Digital Platform may contain links to third party Digital Platforms or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). YapScan doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, YapScan, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the  other Digital Platforms you visit.

YOUR CHOICES:

5.1 Access and Update.

You may review, update or delete the information in your YapScan Account by logging into your YapScan  account and reviewing your Account settings and profile.

5.2 Account Cancellation.

5.3 Security

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction or alteration. However, the Internet is not a 100% secure environment so we cannot guarantee the security of the transmission or storage of your information. Any indemnities and waivers contained in our Standard Terms and Conditions will carry over to and be applicable in this Privacy Policy.

5.4 Changes to this Privacy Policy

YapScan reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the YapScan Digital Platform and update the “Last Updated” date at the top of this Privacy Policy. We will also provide you with notice of the modification by email at least thirty (30) days before the date they become effective. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access or use of the YapScan Digital Platform will constitute acceptance of the revised Privacy Policy.

CONTACT:

If you have any questions or complaints about this Privacy Policy or YapScan’s information handling practices, you may contact us through our Digital Platform.