Terms & Conditions

Website Acceptance of Terms

1.1 By using the Website, you agree to comply with and be bound by these Terms.

1.2 If you do not agree to these Terms, please refrain from using the Website.

2.1 All content on this Website, including but not limited to text, graphics, logos, images, videos, and software, is the property of Hula Technology and is protected by copyright, trademark, and other intellectual property laws.

3.1 You may use the Website for personal, non-commercial purposes only.

3.2 You may not use the Website in any way that is unlawful or prohibited by these Terms.

3.3 You may not attempt to gain unauthorized access to any part of the website, or any other systems or networks connected to the Website.

4.1 By using the Website, you consent to the collection and use of your information in accordance with our Privacy Policy as stated above.

5.1 Hula Technology makes no warranties or representations about the accuracy or completeness of the content on the Website.

5.2 Hula Technology disclaims all liability for any loss or damage arising out of your use of the Website.

6.1 The Website may contain links to third-party websites.

6.2 These links are provided for your convenience, and Hula Technology does not endorse or make any representations about these websites.

6.3 We are not responsible for the content or practices of these third-party websites.

7.1 Hula Technology reserves the right to modify these Terms at any time.

7.2 Any changes will be effective immediately upon posting on the Website.

7.3 Your continued use of the Website after the posting of changes constitutes your acceptance of such changes.

8.1 Hula Technology reserves the right to terminate or suspend your access to the Website at any time, without notice, for any reason.

9.1 These Terms are governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles.

10.1 If you have any questions or concerns regarding these Terms, please contact us at legal@hulatechnology.com.

10.2 By using the Hula Technology Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Please read these terms and conditions carefully before using our mobile application ("the App").

By downloading, installing, or using the App, you agree to be bound by these terms and conditions.

If you do not agree with any part of these terms and conditions, please do not use the App.

Mobile App Acceptance of Terms

1.1. By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions ("Agreement"), as well as any additional terms and conditions and policies referenced herein.

1.2. You represent that you have the legal authority to accept this Agreement on behalf of yourself or any party you represent.

1.3. If you are accepting this Agreement on behalf of a company or organization, you represent and warrant that you have the authority to bind that company or organization to these terms.

2.1. Subject to your compliance with these terms and conditions, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for personal, non-commercial purposes.

2.2. You agree not to reproduce, modify, distribute, or create derivative works based on the App or any part thereof.

3.1. Some features of the App may require you to create a user account.

3.2. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

3.3. You agree to provide accurate and complete information when creating an account and to promptly update any changes.

3.4. We reserve the right to suspend or terminate your account if we suspect any unauthorized use or breach of these terms and conditions.

4.1. The App and all associated content, including but not limited to text, graphics, images, logos, and software, are the intellectual property of Hula Technology (Pty) Ltd.

4.2. You agree not to reproduce, distribute, modify, or create derivative works of any materials without the express written consent of Hula Technology.

4.3 By using the App, you consent to the collection, use, storage, and disclosure of your personal information in accordance with our Privacy Policy.

5.1. By using the App, you may have the opportunity to submit or post user-generated content.

5.2. You retain ownership of any intellectual property rights that you hold in your user content.

5.3. However, by submitting or posting user content on the App, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your user content in connection with the App.

6.1. You agree not to use the App for any unlawful purpose or in any way that could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App.

6.2. You also agree not to engage in any conduct that is harmful, offensive, or violates any applicable laws or regulations.

6.3. Prohibited conduct includes, but is not limited to: a) Uploading, transmitting, or distributing any content that is unlawful, harmful, defamatory, or infringing on the rights of others; b) Accessing or attempting to access unauthorized areas of the App; c) Interfering with or disrupting the App's functionality or servers; d) Engaging in any activity that could compromise the security of the App or user accounts.

7.1. Your privacy is important to us. Please review our Privacy Policy as an addendum to this policy.

7.2. The Privacy Policy describes the types of information we may collect, how we may use it, and the measures we take to protect your information.

8.1 Parents/guardians ("Parents") of children using the App give their explicit consent to teachers or authorized school staff ("Teachers") to upload images of their children to the App's gallery.

8.2 The images uploaded to the App's gallery will be visible to other Parents whose children are in the same class or group within the App.

8.3 Parents understand and agree that all uploaded images will be stored on Hula Technology (“The Company's”) cloud server for a period not exceeding 120 days from the date of upload.

8.4 After the 120-day period, the company will delete the images from its servers, and they will no longer be accessible in the App's gallery.

8.5 Parents acknowledge and agree that while the company takes reasonable measures to secure the images stored in its cloud server, no security measures are 100% foolproof, and there is a risk of unauthorized access or disclosure.

8.6 Parents understand that the App's gallery may be accessed by other Parents and agree to use discretion and respect the privacy of all children depicted in the images.

8.7 Parents have the right to withdraw their consent for uploading and sharing images at any time. To exercise this right, Parents must notify the Teachers or the App administrator in writing.

8.8 The company and Teachers will provide their best efforts to promptly remove the images of any child for whom parental consent has been withdrawn but cannot guarantee the immediate removal of all instances of the images from the App's gallery.

8.9 The company and Teachers shall not be held liable for any unauthorized access, use, or disclosure of the images that occurs despite reasonable security measures.

8.10 Parents represent that they have the legal authority to provide consent on behalf of their child and any necessary permissions from other involved parties, such as co-parents or legal guardians.

8.11 Parents understand that by providing consent, they release the company and Teachers from any liability associated with the uploading, sharing, and storage of images in the App's gallery, subject to the terms of this clause.

8.12 The company and Teachers will use the images solely for educational and communication purposes within the App and will not use or distribute the images for any other purpose without the written consent of each parent and Teacher.

8.13 This consent clause is subject to the overarching terms and conditions of the App.

9.1. The App is provided on an "as-is" basis, without any warranties or representations, expressed or implied.

9.2. We do not guarantee that the App will be error-free or uninterrupted, or that any defects will be corrected.

9.3. You use the App at your own risk.

10.1. To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue arising out of or related to your use of App.

10.2. In no event shall our total liability exceed the amount paid by you, if any, for accessing or using the App.

11.1. You agree to indemnify and hold Hula Technology (Pty) Ltd harmless from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the App, your violation of these terms and conditions, or your violation of any rights of another party.

12.1. We reserve the right to modify these terms and conditions at any time. The most current version will be available within the App.

12.2. Your continued use of the App after any revisions constitutes your acceptance of the revised terms and conditions.

13.1. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa.

13.2. Any dispute arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Western Cape High Court, Keerom Street, Cape Town, South Africa.

14.1. These terms and conditions constitute the entire agreement between you and Hula Technology (Pty) Ltd regarding the use of the App and supersede all prior website and app agreements and understandings, whether written or oral.

If you have any questions or concerns regarding these terms and conditions, please contact us at legal@hulatechnology.com.

Date: 18 September 2023

Privacy Policy

This Privacy Policy ("Policy") explains how we collect, use, store, and disclose data when you use our website or mobile application ("the App"). By browsing the website or downloading, installing, or using the App, you consent to the practices described in this Policy. If you do not agree with any part of this Policy, please do not use the App.

1.1. Personal Information: We may collect personal information that you provide voluntarily, such as your name, email address, phone number, or any other information you choose to provide.

1.2. Usage Information: We collect non-personal information about how you interact with the App, including device information, IP address, browser type, operating system, and usage statistics.

2.1. We may use the collected information to (a) Provide and improve the functionality and features of the App. (b) Personalize your experience and customize content. (c) Communicate with you, respond to your inquiries, and provide customer support. (d) Send you notifications, updates, and promotional messages related to the App, subject to your preferences. (e) Analyze trends, monitor usage patterns, and perform data analytics to improve our product. (f) Comply with legal obligations and enforce our rights and agreements.

3.1. We take reasonable measures to protect your information from unauthorized access, loss, misuse, alteration, or destruction.

3.2. Your information may be stored on servers located within or outside your country of residence, including in cloud storage facilities.

3.3. We retain your information for as long as necessary to fulfill the purposes outlined in this Policy, save for the Gallery (120 days) unless a longer retention period is required or permitted by law.

4.1. We will only share your information with trusted third-party service providers who assist us in app authentications and providing unique one-time passwords in order for you to access the App.

4.2. We may disclose your information if required by law, governmental request, or to protect our rights, property, or safety, or the rights, property, or safety of others.

4.3. In the event of a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred to the acquiring entity, or third party involved.

5.1. The App may contain links to third-party websites, services, or applications that are not operated or controlled by us.

5.2. This Policy does not apply to the practices of those third-party entities, and we encourage you to review their privacy policies before interacting with them.

6.1. You may exercise certain rights regarding your personal information, subject to legal limitations, including the right to access, correct, delete, or restrict the processing of your information.

6.2. You may opt out of receiving promotional communications from us by following the instructions provided in the App or by contacting us directly.

6.3. Please note that some essential communications, such as important updates or administrative messages, may be necessary for the proper functioning of the App and may not be subject to opt-out.

7.1. We may update this Policy from time to time, and the most current version will be posted within App.

7.2. We encourage you to review this Policy periodically to stay informed of any changes.

If you have any questions or concerns about this Policy or our privacy practices, please contact us at legal@hulatechnology.com.

Date: 18 September 2023

Account Deletion and Data Privacy

At Hula Technology, we are committed to protecting your personal information and respecting your privacy rights as per the requirements of POPI and GDPR. If you wish to delete your account or have any concerns about your personal data, we provide the following options:

Request Deletion

If you would like to delete your account and associated personal information, you can initiate the process through one of these methods:

Use our "Contact Us" form on our website to request account deletion:

Send an email to our Data Protection Officer at: legal@hulatechnology.com

Submit a support ticket within our mobile app for account deletion.

Your privacy is important to us, and we will process your request or inquiry in full compliance with data protection regulations. Please allow a reasonable time for us to complete the deletion process. If you have any questions or require further assistance regarding your personal data, do not hesitate to reach out using the methods mentioned above.