Terms of Use

  • Introduction

    These Terms are binding on all Users who access the Websites and who use the Applications, without qualification or exception. By accessing the Websites and using the Applications the User agrees to be bound by, and shall be deemed to have accepted these Terms, which the Users acknowledges to have read and understood.  If the User does not agree to any of these Terms, the User should not access the Websites or use the Applications.

  • Definitions

    1. The headings to the clauses of these Terms are for reference purposes only and shall in no way govern or affect the interpretation of nor modify nor amplify these Terms nor any clause hereof.
    2. Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
      1. Applications shall mean an application that allows Users to record performance and other data and reports based on such data captured by the User.
      2. Business Day shall mean any day other than a Saturday (weekend day) or official public holiday;
      3. Fee shall mean the monthly fee payable in respect of each User, as determined by Singularity8 from time to time;
      4. Intellectual Property shall mean all intellectual property rights subsisting in, pertaining to or used in conjunction with the Websites and the Applications including, without limitation, trade names, trade marks, know-how, copyright, goodwill and trade dress;
      5. Parent shall mean the parent or legal guardian of a specific User, i.e. ‘Client User’;
      6. Parties shall mean the User and Singularity8 platforms, i.e. MetaSchool8 or MetaSport8, and Party shall, as the context requires, be a reference to any one of them;
      7. School shall mean the school which the ‘Client User’ attends and which school having been authorised by Singularity8 to grant User’s access to the Website and to allow Users to use the Application;
      8. Terms shall mean these terms and conditions as amended from time to time;
      9. Singularity8 shall mean Metasport (Pty) Ltd. Trading as Singularity8 South Africa (Registration No. 2011/006127/07), a private company with limited liability incorporated in accordance with the laws of the Republic of South Africa;
      10. User shall mean a person (any) who accesses the Website and uses the Application;
      11. Website shall mean the website located at metaschool8.com and metasport8.com and includes any part or element thereof;
    3. Unless inconsistent with the context or save where the contrary is expressly indicated an expression which denotes:
      1. any one gender includes the other genders;
      2. a natural person includes an artificial person and vice versa; and
      3. the singular includes the plural and vice versa.
    4. Where any term is defined within the context of any particular clause in these Terms, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms, notwithstanding that that term has not been defined in this clause ‎2.
    5. The expiration or termination of these Terms shall not affect such of the provisions of these Terms as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
    6. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

     

  • Commencement

    These Terms will be effective from the date on which the User commences use of the Application and shall continue to be binding for the duration of the period that the User is authorised by Singularity8 to use the Application.

  • Grant of Rights

    1. Singularity8 grants to the User the right to access the Website and to use the Application, subject to the provisions set in these Terms.
    2. In the event the relevant monthly or annual subscription fee is not paid by either the observer User (eg. Parent) or the Client User, Singularity8 reserves the right to suspend the User’s account and to block the User’s access to the Website and/or use of the Application.
  • Consent

    The granting of the rights to the User in clause ‎4.1 above is subject to the User being above the age of 18 years.  In the event that the User is below the age of 18 years, the observer User (eg. Parent) should accept these terms on behalf of the User.  In the event that the User fails to comply with the provisions of this clause ‎4, Singularity8 may then immediately terminate the User’s access to the Website and /or use of the Application, if necessary.

  • Use of the Website and Application

    1. The User shall not be entitled to use the Website and/or the Application for any other purpose than that mentioned in these Terms.
    2. The User may view, download and/or print the User’s reports from the Website and/or Application, subject to the provisions set out in these Terms.
    3. Singularity8 reserves the right to make any changes to the Website and Application at any time and without prior notice.  Furthermore, Singularity8 may, at anytime and without any prior written notice, restrict access to certain areas of the Website and/or usage functionalities of the Application.
    4. No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be posted on the Website nor may such content be associated in linking to the Website, Application, or with Users’ profiles.
    5. In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate such security breach to the organisation’s Group administrator and Metasport in writing at info”singularity8.com. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User.  Singularity8 may, in its sole and absolute discretion and for any reason whatsoever, require the User to change the User’s username and password at any time.
    6. If the User commits any breach of these Terms or in any other way interacts with or uses the Website and/or Application in an unlawful or unauthorised manner, Singularity8 shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website and/or use of the Application immediately, without prior notice, without any liability on Singularity8’s part and without prejudice to Singularity8’s rights set out under these Terms or at law.
    7. The User may not:
      1. translate, adapt, vary, modify, disassemble, decompile or reverse engineer the Website and/or Application without Singularity8’s written consent;
      2. create derivative works based on the Website and/or Application not expressly allowed for in the Terms;
      3. copy or reproduce the Website, Application or any materials relating thereto, except as provided for in these Terms;
      4. alter or remove any notices or trade marks on the Website and/or Application;
      5. use the Website and/or the Application to copy, store, send, publish or distribute any material which consists of any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software; or
      6. use the website for any marketing related purposes without Singularity8’s prior written consent.
  • Proprietary rights and intellectual property

    1. The Website and Application are owned by Singularity8 and the User acknowledges that Singularity8 is the sole proprietor of any and all Intellectual Property associated with, related to or appearing on the Website and/or Application.
    2. The content of the Website and the Application, including but not limited to any reports, pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law.  Singularity8 reserve all such rights therein unless provided otherwise in these Terms.
    3. The User undertakes:
      1. not to use or register any trade marks, trade secrets, know-how, copyright, goodwill, trade dress, trade names or other devices which are the same as or confusingly similar to Singularity8’s Intellectual Property, or which is likely to be associated with the Singularity8’s Intellectual Property, or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of Singularity8’s Intellectual Property;
      2. not at any time to do or cause to be done any act or thing in any way impairing or tending to impair any part of Singularity8’s rights, title and interest in and to the Intellectual Property; and
      3. not in any way to make unauthorised use of the Intellectual Property or to represent that the User has any rights of any nature in the Intellectual Property or any registrations thereof.
    4. Singularity8’s graphics, logos, page headers, button icons, scripts and service names on the Website and the Application are the trade marks and/or trade dress of Singularity8. The trade marks and trade dress may not be used in connection with any product or service that is not conducted or endorsed by Singularity8 or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Singularity8. All other Intellectual Property not owned by Singularity8 that appear on the Website and/or Application are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Singularity8. The User may not use any such Intellectual Property without consent from the relevant owners.
  • No warranties

    1. Although every effort will be made to have the Website and Application available at all times, either or both may become unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption. Singularity8 does not warrant against any downtime nor will it be held liable for such downtime, and is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
    2. To the extent permitted by law, Singularity8 will have no liability for any loss, damage, cost, expense, injury, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms, the Website and/or the Application, whether caused by latent or patent defects in the Website and/or Application, or the use of the Website and/or Application or otherwise.
    3. Singularity8 shall not be liable and the User hereby indemnifies Singularity8 against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by the User or any third party in relation to any act or omission of the Users in relation to the Website and/or Application or the use thereof or arising from the provisions of these Terms.
    4. The User agrees that if incorrect data is captured using the Application, or if data is captured incorrectly, the results generated by the Application will be incorrect.  Singularity8 shall not be responsible for incorrect data captured, or data captured incorrectly, using the Application.
    5. Except to the extent expressly provided for in these terms and conditions, Singularity8 gives no warranties or representations, whether expressed or implied, in relation to the Website and/or Application.
    6. The Website, Application and the reports made available on the Application are made available on the basis that all liability whatsoever for any losses, claims, actions or damage, whether direct or indirect, arising out of or in connection with the Administrator or any User’s use of the Website, Application and/or any of the reports made available on the Application, or the Administrator and/or any User’s reliance upon the contents of the Website and/or Application are excluded to the fullest extent permitted by law including but not limited to any liability for computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from hacking or otherwise.
  • Personal information

    The User consents to Singularity8 processing the User’s personal information, which processing shall be in accordance with Singularity8’s privacy policy as amended from time to time.

  • Malicious software and offenses

    1. The User shall:
      1. not use the Website and/or the Application in any way that causes, or is likely to cause, the Website, access to the Website, the Application and/or use of the Application to be interrupted, damaged or impaired in any manner;
      2. ensure that no form of virus, trojans, worms, logic bombs, or other malicious coding, virus or software is introduced onto the Website and/or the Application or into Singularity8’s system which may cause any form of technological harm or any other form of harm in any manner or respect;
      3. not attempt to gain unauthorised access to the Website and/or Application, including through the use of any other User’s username and password; and
      4. not attempt to gain unauthorised access to the Website and/or Application’s server, databases, computers or any other device associated with the Website and/or Application and will not attack the Website and/or Application through a denial-of-service attack or a distributed denial-of-service attack.
    2. Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and the User will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the  User.
    3. Although Singularity8 and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website and Application, Singularity8 does not warrant that the Website and/or Application are free of malicious content or viruses and Singularity8 will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause ‎10.1.2 which may infect a User’s computer, cell phone or device, computer equipment, data or any other propriety material where such loss is or may be attributed to User’s use of the Website and/or the Application.
  • Mutual support

    The Parties undertake at all times to do all such things, to perform all such acts and to take all such steps and to procure the doing of all such things, the performance of all such actions and the taking of all such steps as may be open to them and necessary for or incidental to the putting into effect or maintenance of the terms, conditions and import of this Agreement.

  • Cession and assignment

    Singularity8 will be entitled to cede and assign this Agreement.

  • Governing law

    The entire provisions of this these Terms shall be governed by and construed in accordance with the laws of South Africa.  Furtheremore, the Parties hereto hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of Courts of South Africa, in regard to all matters arising from these Terms.

  • General

    1. These Terms contain the entire agreement between the Parties in regard to the subject matter hereof.
    2. If at any time there is a failure by Singularity8 to insist on strict performance of any of the Organisation’s obligations under these Terms, this shall not be construed to be a waiver of such rights and shall not relieve the organisation from compliance with such obligations.  A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.
    3. Singularity8 reserves the right to amend or delete any part of these Terms at any time and without prior notice.  The Organisation warrants that it will review the Terms on a continual basis and remain up-to-date in respect of any changes.
    4. Any and all communications between the Parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.

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