Application Programming Interface (“API”) Terms of Use

Harambee Youth Employment Accelerator (registration number: 2011/009632/08) (“Harambee”, “we”, “us” or “our”) is a successful public-private partnership, founded by government and the private sector, that has scaled up to respond to the multiple challenges of South Africa’s youth unemployment crisis. It has done this through an award-winning Pathway Manager, a capability to match, prepare and transition excluded youth into economic opportunities – this capability has been formally adopted by all social partners as an enabling intervention in the Presidential Jobs Summit Framework agreement. Our technology enabled “Pathway Manager Platform” connects work-seekers with learning and earning opportunities developed through partnerships with government, businesses, and organisations like yours (“you”, “your organisation” or “your”).

We’re excited that you’ve chosen to develop on the SA Youth Platform . Our mission is to connect South Africa’s youth with partners and to ultimately alleviate youth unemployment. To achieve such mission, our APIs enable you to create innovative professional applications that make the best use of the SA Youth Platform, while honouring users’ choice and control over their personal data. When you develop on the SA Youth Platform you are agreeing to be bound by the following terms, so please take a few minutes to review the SA Youth Platform API terms of use below.

Last revised in March 2023.

1. Introduction

When you develop on our platform you are entering into a legal agreement, and you agree to be bound by all these terms of use.

As a user of SA Youth Platform, you have also agreed to our Terms & Conditions and Privacy Policy which is an overarching agreement to the SA Youth Platform Partner Network. These terms of use you are agreeing to are additional agreements with SA Youth Platform relating specifically to your use of our APIs.

By accepting these terms of use, you consent to Harambee processing your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”). As outlined in our Privacy Policy, Harambee’s information officer is Hanlie de Bod (hanliedb@harambee.co.za). You are welcome to contact the information officer for any queries relating to the steps which Harambee has taken to safeguard all personal information shared with us.

Please note that in order to accept these terms of use, you must be at least 18 years old.

About Us and These API Terms of Use

You agree that by developing on the SA Youth Platform, you agree to enter into a legally binding contract with SA Youth Platform.

If you are developing on our platform on behalf of a company or other entity, you represent and warrant that you have full legal authority to build an application on behalf of that entity and bind it to these terms of use. If you are not authorized to do so, you may not accept these terms of use.

These terms of use govern your use of our APIs. If you have executed another agreement with us relating to your use of our APIs, then those terms would govern your use of our APIs.

2. Definitions

For purpose of these terms of use, we adopt the following definitions of key terms:

 “Access Credentials” means the necessary security keys, secrets, tokens, and other credentials to access the applicable APIs. These terms of use include a more comprehensive section on how to handle Access Credentials;

Additional terms” means any additional vetted API program terms and conditions;

APIs" means programmatic web APIs, software and other functionality, and their associated tools and documentation that SA Youth Platform makes available on the Partner Network site;

Competent person” means any person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a child;

Consent” means a voluntary and informed expression of will in terms of which permission is given for a specific purpose;

Content” means any data or Content from our Services or accessed via the APIs;

Data Subject” means the person to whom personal information relates and has the meaning given to it in terms of POPIA;

“Developer Documentation” means the technical Content that documents APIs and other functionality such as SSO on the SA Youth Platform Developer website. It includes instructions on how to effectively use and integrate the API’s. It also provides updates on the API's lifecycle such as new versions or retirement thereof;

Inappropriate Content” means Content which is, including but not limited to, unlawful, harmful, obscene, vulgar, indecent, pornographic, seditious, offensive, defamatory, threatening, abusive, harassing, hateful, liable to incite racial hatred, menacing, blasphemous or invasive of another’s privacy;

Member Tokens” means the application-specific alphanumeric user IDs that we provide to you for identifying users of your application;

Non-Official Content” Content obtained through the following methods: scraping, crawling, spidering or using any other technology or software to access SA Youth Platform Content outside the API’s;

OAuth Access Tokens” means the authentication tokens that we provide to you when a member authenticates your application to their SA Youth Platform member profile;

Personal Information” means, as reflected in POPIA, information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to—

(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, wellbeing, disability, religion, conscience, belief, culture, language and birth of the person;

(b) information relating to the education or the medical, financial, criminal or employment history of the person;(c) any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

(d) the biometric information of the person;

(e) the personal opinions, views or preferences of the person;

( f ) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the Contents of the original correspondence;

(g) the views or opinions of another individual about the person; and

(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;

(To the extent either party processes Personal Information received from the other party, the parties agree that the SA Youth Platform Terms and Conditions for the Partner network, currently located at https://partners.sayouth.org.za/TermsAndConditions/16 shall govern such processing and is expressly incorporated by reference herein.);


Processing” means, as reflected in POPIA, any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including—

(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

(b) dissemination by means of transmission, distribution or making available in any other form; or

(c) merging, linking, as well as restriction, degradation, erasure or destruction of information;

Profile Data” means any or all of a user’s profile data available through an applicable API, subject to a user’s profile visibility and other privacy settings;

Responsible Party” means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing Personal Information;

Services” means partners.sayouth.org.za, SA Youth Platform-branded apps and other SA Youth Platform-related sites, apps, communications and services and technology related thereto;

Systems” means the network, operating system and the software of web servers, databases, and computer systems used by you;

Users” refers to individuals engaging with the SA Youth Platform as well as those engaging with applications built upon the platform

3. Scope and Intent

SA Youth Platform makes APIs available to developers as follows:

APIs are available only to developers that have agreed to these terms of use.

These terms of use shall apply except where there is conflict with the applicable additional terms, in which case such additional terms shall govern usage.

These terms of use shall apply to any use of our APIs unless you have executed a separate signed partnership agreement, in which case that agreement shall apply.

In addition to compliance with these terms of use, your use of our APIs and Content must comply with the Developer Documentation that we provide to you.

4. Developer Documentation

Your use of any of our APIs and display of Content in your application must comply with the technical documentation, usage guidelines, call volume limits, and other documentation maintained at the Partner Network Site or otherwise made available to you (collectively the “Developer Documentation”), which are expressly incorporated into these terms of use.

In the event of any conflict between the Developer Documentation and these terms of use, these terms of use shall prevail.

5. Data Protection and Privacy

By accepting these terms of use, you consent to Harambee processing your personal information in accordance with POPIA.

In the event that you do not agree to these terms of use, you may not utilise our APIs.

As noted above, our privacy policy is accessible on our website. For ease of reference, we summarise the salient points of our policy and procedure below.

 

We will collect the following types of information from you

Purpose

In order for us to facilitate the use of our APIs and the display of Content in your application, we need to collect certain information from you.

You agree that we can process your Personal Information (which includes using, storing, and sharing information submitted by you to SA Youth Platform) in connection with your application to contact you, for attribution purposes, handling inquiries from users or potential users about your application, for other purposes under these terms of use (for example, we may email you with updates regarding the developer program), and as otherwise permitted in our Partner Network Terms and Conditions and Privacy Policy

You acknowledge that if you share the contact information of your employees or independent contractors with us, we may contact them in accordance with these terms of use.

Your rights

To the extent practicable, we commit to assisting you to exercise your rights.

Your obligations

Your user agreements and privacy policy

Consent

Before obtaining Personal Information from users, you must obtain their legally valid consent which, at a minimum, shall include:

(a) how their Personal Information will be used, ;

(b) when it will be collected (e.g., will the application pull a member’s Profile Data more than once); and

(c) how a user can withdraw their consent.

The consent must be freely given (in accordance with applicable law) and further given by a statement or a clear affirmative action. When a particular member’s Member Token and OAuth Access Token expires, you must obtain that member’s consent again in order to continue to collect and store their data.

Cookies

 

Further information relating to our use of cookies and other personal identification software may be accessed in our Partner Network Terms and Conditions and Privacy Policy.

Information security and data breaches

Your Systems must be configured to securely operate your application and store Content.

Your network systems must be properly configured to securely operate your application and process Content.

If requested, you must complete SA Youth Platform’s security questionnaire (which SA Youth Platform will provide to you).

 

You must promptly report any security deficiencies in, or intrusions to, your Systems that you discover (or are reported publicly or to you) to SA Youth Platform in writing via email to hanliedb@harambee.co.za or subsequent contact information posted on the developer website if such intrusions could reasonably be expected to affect the Content, SA Youth Platform or its users in any way. You will work with SA Youth Platform to immediately correct any security deficiency and will immediately disconnect any intrusions or intruders. In the event of any security deficiency or intrusion involving the application, APIs or Content, you will make no public statements (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from SA Youth Platform in each instance.

We may restrict access to the APIs or perform an audit of your application if you fail to provide adequate information and materials to verify your compliance with these Terms.

SA Youth Platform may monitor any API activity from its own Systems.

Deleting personal information at User Request

You must immediately delete all Content collected through the APIs about a particular user, including the Member Token and the OAuth Access Token, upon request by that user, when the user uninstalls your application or when the user closes their member profile with you.

The restrictions of this sub-section do not apply to data that users provide directly to you and that is separately entered or uploaded to you by the user of your application.

If we notify you that you have breached these terms of use, you must delete all stored SA Youth Platform data.

Further information

Harambee’s information officer is: Hanlie de Bod (hanliedb@harambee.co.za)].

Harambee’s deputy information officer is Sudika Sekonyela.

You are welcome to contact the information officer for any queries relating to the steps which Harambee has taken to safeguard all Personal Information shared with us.

6. Access to the APIs

Application Registration

To begin using the APIs, you must first register a new member profile or sign into the SA Youth Platform using your SA Youth Platform member profile username and password.

Your member profile must contain accurate and up-to-date information at all times, including your current title, company, and e-mail address.

You will be able to issue a Sandbox API key under the SA Youth API section on the Organisation page.

You will be able to issue a Production API key once you have successfully set up and tested your integration using the Sandbox API key.

All activities that occur using those Access Credentials are your responsibility

Access Credentials

Once you have successfully registered an application and met the other requirements for a particular API, you will be given Access Credentials for your application. The Access Credentials enable us to associate your API activity with your application and the users using it. All activities that occur using your Access Credentials are your responsibility. Keep your Access Credentials secret. Do not sell, share, transfer, or sublicense them to any other party other than your employees or independent contractors. Do not try to circumvent them and do not require your users to obtain their own Access Credentials to use your application (for example, in an attempt to circumvent call limits).

You may create SA Youth Platform test member profiles to test your application, provided that they do not interact with real users or companies or other organizations on SA Youth Platform.

API License

Subject to your compliance with these terms of use, we grant you a limited, non-exclusive, non-sublicensable (except to independent contractors so they may host, develop, test, operate, modify or support your application in accordance with Section 3.1), non-transferable, non-assignable license under SA Youth Platform’s intellectual property rights during the Duration (as defined in Section 11.1, below):

  1. to use the APIs to develop, test, operate and support your application;
  2. to distribute or allow access to your integration of the APIs within your application to end users of your application; and
  3. to display the Content accessed through the APIs within your application.

You have no right to distribute or allow access to the stand-alone APIs.

7. Use of APIs and SA Youth Platform Content

You must not:

General Restrictions

You agree not to do the following:

You must not:

Excluded Uses of the APIs

You must never do any of the following:

8. Storage of Content

Content will be stored on the cloud-based service attached to the SA Youth Platform. All data is stored in a database and replicated to downstream data structures for data reporting purposes on the SA Youth Platform

You may not store any Content, except in the specific circumstances outlined.

No Storing Any Content

You must not capture, copy or store any Content or any information expressed by the Content (such as hashed or transformed data), except to the extent permitted by these terms of use. You must store all Content in a manner which enables you to identify, segregate and selectively delete such Content. The Content must not be stored in a data repository that would enable any third-party access (other than the customer or member to which it relates). You may store the application-specific Member tokens and OAuth Tokens acquired on a member’s behalf.

Caching Content for Performance

To improve your Application’s performance, you may cache the Content, for up to 24 hours from a request for that Content, through the APIs, before permanent deletion. Unless otherwise set forth in this section you do not have any right to store the Content beyond this limited 24-hour period.

You may store Profile Data if you have the legally valid consent of the member to do so.

You may only refresh Profile Data when the member is actively using your application (i.e., not offline).

Member Profile Data

You must obtain legally valid consent from a user before you may store that member's Profile Data (for example, so that a member applying for a job at your company can provide you with a copy of their SA Youth Platform profile).

If you want to refresh the user’s Profile Data, you may only do so when the user is actually using your application and not on an automated schedule. You must delete all member data when that user requests deletion, uninstalls your application or closes their account. SA Youth Platform may also undertake to de-identify information that has been marked for deletion by the user.

You do not need to delete data that a user provides directly to you.

Delete for Breach

You must immediately delete all Content if we terminate your use of the APIs for breach of these terms of use, except when doing so would cause you to violate any law or obligation imposed by a governmental authority.

If you process Personal Information received from us you must agree to SA Youth Platform’s Partner Network Terms and Conditions and Privacy Policy.

Data Protection

To the extent either party processes Personal Information received from the other party, the parties agree that the Partner Network Terms and Conditions and Privacy Policy shall govern such processing.

Don't Harm or Trick Users

Your application must include your own user agreement and privacy policy which are readily available to your users and which align with POPIA.

If your application requests data from users, you will tell them what data is being collected and how it’s used. In doing so, please take note that Personal Information may only be processed where relevant and necessary and not excessively.

If your application is an enterprise application, you will enter into separate agreements with your customers.

9. Brand Use

Brand Features License and Publicity Rights

Subject to these Terms, we grant you a limited, non-exclusive, non-assignable, non-sublicensable, and non-transferable license during the Duration to display Our Brand Features within the application and to accurately promote or advertise your integration of the APIs in your Application. “Our Brand Features” means any trade names, trademarks, service marks, logos and domain names that SA Youth Platform makes available to you.

You agree not to display Our Brand Features (a) in any way that violates applicable law, including laws regarding defamation, slander, obscenity and infringement or (b) in any way that is misleading, implies that your application is approved, created or endorsed by the SA Youth Platform (or otherwise embellishing your relationship with the SA Youth Platform) or in a way that is otherwise objectionable to the SA Youth Platform in its sole discretion. If you are planning any formal, proactive press outreach, you will submit the Content (press release, blog post, etc.) to us for prior written approval. Any good will in Our Brand Features resulting from your use will inure solely to the SA Youth Platform.

You grant us a limited, non-exclusive, non-assignable, non-sublicensable, and non-transferable license during the Duration to display your trade names, trademarks, service marks, logos and domain names (collectively, “Your Brand Features”) to promote or advertise your use of the APIs in your application. Any good will in Your Brand Features resulting from our use will inure solely to you.

We may, without your consent, publicly refer to you, orally or in writing, as a licensee of the APIs and/or user of the Content. We may also publish your name and logo (with or without a link to your application) on our Services, in press releases, and in promotional materials without additional consent or notice to you.

10. Monitoring

You agree to assist the SA Youth Platform in verifying your compliance with these terms of use by providing us with information about your application and storage of Content, which may include access to your application and other materials or Systems related to your use of the APIs. If you do not demonstrate full compliance with these terms of use, as determined in our sole discretion, we may restrict or terminate your access to the APIs.

You acknowledge that the SA Youth Platform may monitor any API activity from its own Systems for the purpose of ensuring quality, improving SA Youth Platform products and Services, and ensuring compliance with these terms of use. You must not interfere or attempt to interfere with such monitoring or otherwise obscure from the SA Youth Platform your API activity. The SA Youth Platform may use any technical means to overcome such interference.

11. Rights SA Youth Platform Reserves

Although we make reasonable efforts to support the APIs, we have no obligation to do so. We have no obligation to provide any training or support to your customers. If we change any of the APIs in the future, your continued use implies that you agree to any changes made.

Support and Updates

We may provide you with support for the APIs in our sole discretion and we may stop providing support to you at any time without notice or liability to you. We are not obliged to provide any training, support or technical assistance for the application, the Content, or the APIs directly to your application users and you agree to communicate to your application users that you (and not SA Youth Platform) are responsible for any such support.

We may modify or release subsequent versions of the APIs and require that you use those subsequent versions. Unless we release a new version of the APIs for security or legal reasons, you will have a reasonable amount of notice (as determined by us), to migrate to subsequent versions of the APIs. You acknowledge that once SA Youth Platform releases a subsequent version of an API, the prior version of such API may stop working at any time or may no longer work in the same manner. Your continued use of the APIs following a subsequent release will be deemed as your acceptance of such modifications.

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Costs and Fees

The APIs are currently provided for free, but SA Youth Platform reserves the right to charge a fee for the APIs in the future. If we do charge a fee for use of the APIs or any developer tools and features, you do not have any obligation to continue to use the APIs. Each party will bear its own costs and expenses in performing its obligations under these terms of use. You may not charge your application users incremental fees for access to our Content or APIs.

These terms of use do not prevent either party from developing something similar to the other’s applications or services.

Independent Development

Each party acknowledges that the other party may be independently creating applications, Content and other products or Services that may be similar to or competitive with those of the other party and nothing in these terms of use will be construed as restricting or preventing each party from creating and fully exploiting such applications, Content and other items, without any obligations to the other party.

Ownership

We own the APIs, Content, Services and brand.

You own your application and brand.

All Rights Reserved

As between the parties, we own all rights, title, and interest in and to the (a) APIs, and all elements, components, and executables of the APIs, (b) Content; (c) Services; and (d) Our Brand Features (clauses (a)-(d) collectively, the “SA Youth Platform Materials”), and, subject to the foregoing, you own all rights, title, and interest in and to your application and Your Brand Features. Except to the limited extent expressly provided in these terms of use, neither party grants, nor shall the other party acquire, any right, title or interest (including any implied license) in or to any property of the first party under these terms of use. All rights not expressly granted in these terms of use are withheld.

You grant SA Youth Platform a limited license to use your application during the term of these Terms.

License to Your Application

For the Duration you grant us a paid-up, royalty-free, non-exclusive, worldwide, irrevocable right and license, under all of your intellectual property rights, to: (a) use, perform, and display your application and its Content for purposes of marketing, demonstrating, and answering inquiries; (b) link to and direct users to your application; and (c) sublicense the foregoing rights to SA Youth Platform Affiliates as defined below. Either party is free to use suggestions or feedback that is provided by the other party.

Feedback

Either party may from time to time elect, in its sole discretion, to provide suggestions, comments, improvements, ideas or other feedback to the other party related to the other party’s products and Services (”Feedback”). Feedback is provided on an “as is” basis with no warranties of any kind and the receiving party will have a royalty-free, worldwide, sublicenseable, transferable, non-exclusive, perpetual and irrevocable right and license to use Feedback. Each party agrees not to provide Feedback that it knows is subject to any intellectual property claim by a third party or any license terms which would require products or Services derived from that Feedback to be licensed to or from, or shared with, any third party.

Follow the Law and These Terms

You represent that your application will not violate any third-party rights or any law.

Legal Compliance

You represent and warrant to SA Youth Platform that: (a) you have the right to use, reproduce, transmit, publicly display, publicly perform, and distribute your application (excluding SA Youth Platform materials); (b) use of your application by SA Youth Platform and its users in accordance with the application’s terms of use will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or other proprietary right of any person or entity), or any applicable regulation or law the laws of any country in which your application is made available and any applicable export laws; and (c) you will comply with all applicable local, and foreign laws, including, without limitation, any laws or regulations relating to privacy and data protection in connection with its performance under these terms of use.

To use the APIs, you must comply with these terms of use, which may be amended from time to time. If you don’t agree to the changes, you may stop using the APIs.

Compliance with and Amendments to These Terms

You must comply with these terms of use to use the APIs. The most current version of these terms of use can be reviewed on the developer site. We reserve the right to modify, supplement, or replace any provisions of these terms of use, effective prospectively upon posting on the developer site or otherwise notifying you. For example, we may present a banner on the developer site when we have amended these terms of use so that you may access and review the changes prior to your continued use of the APIs and developer site. If you do not want to agree to changes to these terms of use, you can terminate these terms of use at any time in accordance with Section 11.

Other Obligations

You and your application must also comply with the following:

  1. SA Youth Platform.mobi Terms & Conditions; and
  2. Partner Network Terms & Conditions

In the event of any conflict between the Content in this document and the above documents, this document controls your use of the APIs. If you disagree with any of the provisions in these terms of use, do not access or use the APIs.

12. Term and Termination

Duration of Terms

The duration of these terms of use (the “Duration”) will be from the date upon which you agree to these Terms and will continue until terminated as set forth below. You may terminate these terms of use by discontinuing use of the APIs.

Your Termination Rights

You may terminate these Terms by discontinuing use of our APIs.

Suspension and/or Termination

We may suspend or terminate your use of all or any of the APIs or Content at any time if we believe you have violated these terms of use, or, in our sole discretion, we believe the availability of the APIs in your application is not in our or our users’ best interests.

We may discontinue the availability of some or all of the APIs or any Content at any time for any reason. We shall provide you with 30 days notice unless we discontinue such availability to protect the security or integrity of the APIs and related offerings, to address user security or user privacy issues, for legal compliance reasons, or to the extent necessary to mitigate damages in relation to third party litigation.

We may also impose limits on certain features and Services or restrict your access to some or all of the APIs, Content or our Services. Although we will endeavor to provide prior notice of our exercise of our rights pursuant to this section, it may not be practical or commercially reasonable in all circumstances. Accordingly, all of our rights in these terms of use may be exercised without prior notice or liability to you.

Termination for Cause

SA Youth Platform may terminate these terms of use upon the occurrence of a material breach of these terms of use by you, if such breach is not remedied within 7 days after written notice of such breach. Immediately upon termination of these terms of use, all licenses granted will cease and, if required by these terms of use, all Content must be deleted.

Effect of Termination

Upon termination of these Terms:

  1. all licenses granted under these terms of use will terminate immediately;
  2. upon request, each party will promptly return to the other party or delete all tangible embodiments of confidential information and Personal Information of such party in its possession, custody or control;
  3. you will comply with the requirements to delete stored Content; and
  4. SA Youth Platform will make all reasonable efforts to remove all references and links to your application from the Services (SA Youth Platform has no other obligation to delete copies of, references to, or links to your application).

Notwithstanding the above, each party may retain a copy of these terms of use and such other confidential information and Personal Information of the other party as reasonably required for legal and auditing purposes. SA Youth Platform may request that you certify in writing your compliance with this section.

13. Disclaimer of Warranties; Limitation of Liability; Indemnity

Applicability of Disclaimer and Limitation

The SA Youth Platform Materials are provided to you as-is.

Disclaimer of Warranties

SA Youth Platform materials and all other information and Services are provided on an “as is” and “as available” basis with no warranties, either express or implied, of any kind and we expressly disclaim any and all warranties and conditions, including any implied warranty or condition of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. We do not represent, warrant or make any condition that the SA Youth Platform materials are free of errors, bugs or interruptions, or that the content is accurate, complete or otherwise valid. Your use of the SA Youth Platform materials is at your own discretion and risk, and you will be solely responsible for any damage that results from use of the SA Youth Platform materials. Consequently, you indemnify and hold SA Youth Platform harmless against any claim as a result of such damage No advice or information, whether oral or written, obtained by you from us or through or from the SA Youth Platform materials will create any warranty or condition not expressly stated in these terms of use. SA Youth Platform does not control or vet user-generated content for accuracy.

Limitation of Liability

Neither SA Youth Platform nor any of its subsidiaries, affiliated companies, or suppliers or agents or contractors (each an " Affiliate"), and its employees, shareholders, directors, shall be liable for: (a) any special, incidental, direct indirect, punitive, or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of SA Youth Platform materials accessed through or downloaded from the SA Youth Platform; or (b) any liability or damages Of whatsoever nature This limitation of liability shall:

  1. Apply regardless of whether (a) you base your claim on contract, delict, statute, or the like, (b) we knew or should have known about the possibility of such damages, or (c) the limited remedies provided in this section fail of their essential purpose; and
  2. Not apply to any damage that SA Youth Platform may cause you intentionally or knowingly in violation of these terms of use or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in these terms.

You will indemnify us and hold us harmless for your breach of these terms of use and for any intellectual property claim. SA Youth Platform shall not indemnify you for any reason whatsoever.

Third Party Liability

You will defend, hold harmless, and indemnify SA Youth Platform and the SA Youth Platform Affiliates (and its and their respective employees, shareholders, and directors) from any claim or action brought by any third party, including all direct and indirect damages, liabilities, costs and expenses, including reasonable attorneys’ fees, to the extent resulting from, alleged to have resulted from, or in connection with: (a) your breach of your obligations herein; or (b) the violation of any intellectual property right by the Application, Feedback or Your Brand Features.

Severability

If any provision of these Terms is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to affect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of these terms of use will not be affected in any way.

Notices and Service of Process

SA Youth Platform may notify you via postings on the developer site or via the email address associated with your application or member profile. SA Youth Platform accepts service of process at this address: 5th Floor 19 Ameshoff street, Braamfontein, 2001. Any notices that you provide without compliance with this Section shall have no legal effect.

Entire Agreement

These Terms, including any documents incorporated into these terms of use by reference, constitute the entire agreement between you and SA Youth Platform regarding the subject matter of these term of use and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these terms of use.

Assignment and Delegation

You may not, without SA Youth Platform’s prior written consent, assign or delegate any rights or obligations under these terms of use, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these terms, fully or partially without consent from you or notice to you.

No Partnership

Nothing in these terms of use will be construed as creating a partnership or joint venture of any kind between the parties and neither party will have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.

14. How to Contact Us

If you have questions or comments about these terms of use, please contact us online or via email support@sayouth.org.za

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