Inscripchat — Terms and Conditions

Clauses marked IMPORTANT limit your rights or shift risk to you. The Consumer Protection Act requires us to draw them to your attention, so please read them carefully.

1. Definitions and Acceptance

1.1 Definitions. In these Terms:

• "Agreement" means these Terms, the Privacy Policy and any rules or guidelines we publish on the Platform and refer to in these Terms.
• "Applicable Law" means all laws that apply to a party or to the Platform, including those of South Africa.
• "CPA" means the Consumer Protection Act 68 of 2008.
• "ECTA" means the Electronic Communications and Transactions Act 25 of 2002.
• "Group" means a private or invite-based space on the Platform where Users share posts, files and messages with one another.
• "Platform" means Inscripchat, including our websites, web applications, features (such as feeds, groups, peers, messaging, bookmarks and notifications) and any related services we provide.
• "POPIA" means the Protection of Personal Information Act 4 of 2013.
• "Privacy Policy" means our Privacy Policy, available on the Platform, which explains how we handle personal information.
• "Platform Content" means everything on the Platform that is not User Content, including our software, design, logos, text and trade marks.
• "Rights Holder" means a person who owns, or is authorised to act for the owner of, a right (such as copyright, a trade mark, privacy or personality rights) that they believe is infringed by material on the Platform.
• "User", "you" and "your" means any person who registers for an account on, or accesses or uses, the Platform.
• "User Content" means anything a User uploads, posts, sends or otherwise makes available on or through the Platform, including posts, study materials, documents, images, video, comments, replies, messages, Group names and profile information (such as name, photo and biography).
• "we", "us" and "our" means [LEGAL ENTITY NAME], the operator of Inscripchat.

1.2 Acceptance. You accept this Agreement when you tick the box to agree to it during registration, create an account, or continue to access or use the Platform — whichever happens first. If you do not agree to this Agreement, you must not use the Platform.

1.3 Visitors. This Agreement also applies to people who browse the Platform without an account.

1.4 Electronic agreement. This Agreement is concluded electronically. In terms of the ECTA it is valid and binding without a handwritten signature.

1.5 Privacy Policy and consent. The Privacy Policy forms part of this Agreement. However, accepting these Terms is not consent to any optional processing of your personal information (for example, personalised advertising). Where we need your consent, we ask for it separately, and you may refuse it without losing access to the Platform.

1.6 Interpretation. Headings are for convenience only. "Including" means "including without limitation". Words in the singular include the plural and the other way round.

2. Eligibility and Accounts

2.1 Age. You must be at least 18 years old to use the Platform.

2.2 Users under 18. A person under 18 may use the Platform only if:

• (a) they are at or above the Digital Consent Age (clause 2.3); and
• (b) a parent or legal guardian (a "competent person" under POPIA) has given verifiable consent to the minor's use of the Platform and to the processing of the minor's personal information, in the manner we require from time to time [DESCRIBE VERIFICATION METHOD — e.g. a signed consent form or a confirmation sent to the parent's verified email address].

The parent or guardian is responsible for the minor's use of the Platform and for the minor's compliance with this Agreement.

2.3 Digital Consent Age. The "Digital Consent Age" is the minimum age at which a person can lawfully consent to the processing of their personal information for online services in the country where they live. It is never lower than 13, and in some countries is 14, 15 or 16. You may not use the Platform at all if you are below the Digital Consent Age that applies to you, even if a parent or guardian agrees.

2.4 Proof and removal. We may ask you for proof of your age or of parental consent at any time. We may suspend your account until you provide it. If we learn that someone is using the Platform in breach of this clause 2, we may terminate their account and delete their personal information.

2.5 Accurate information. You must give accurate, current information when you register (including your name, email address, university and course) and keep it up to date.

2.6 One account; security. You may hold one account. You are responsible for keeping your password confidential and for everything done through your account. Tell us immediately at support@inscripchat.com if you think your account has been accessed without your permission.

2.7 No affiliation. Inscripchat is an independent platform. Unless we say so expressly, we are not affiliated with, endorsed by or sponsored by any university or other institution, and no institution is responsible for the Platform or for User Content.

3. User Content and Media

3.1 You keep your rights. We do not claim ownership of User Content. You keep all intellectual property rights in the User Content you create.

3.2 Licence you give us. By uploading or posting User Content, you grant us a non-exclusive, royalty-free, worldwide, sub-licensable licence to host, store, display, reproduce and distribute that User Content (and to make technical copies and adaptations needed to do so, such as resizing images, generating previews or converting file formats), solely to operate, secure, improve and promote the Platform. In this clause:

• (a) "Sub-licensable" means we may allow our hosting, storage and other service providers to exercise these rights on our behalf, and we may make User Content available to other Users to the extent allowed by the visibility you choose (for example, a Group's members can see what is posted in that Group);
• (b) "Promote the Platform" means showing or featuring User Content within the Platform (for example in feeds, search results or recommendations) and, for content you have made visible to all Users, in screenshots or previews of the Platform. We will not use your name or profile photo in external advertising or marketing without your separate consent;
• (c) the licence lasts for as long as the User Content is on the Platform. It ends when you delete the User Content or your account, except that it continues for: copies held in backups until they are overwritten in the ordinary course; content that other Users have quoted or replied to in their own content; and records we must keep to comply with the law or to deal with a legal claim or takedown notice.

3.3 Your promises about User Content. You promise that:

• (a) you own the User Content or have all the permissions needed to upload it and to give us the licence in clause 3.2;
• (b) the User Content, and our use of it as permitted by this Agreement, will not infringe anyone's rights (including copyright, privacy and personality rights) or break any law; and
• (c) you have not uploaded material that belongs to someone else — such as textbooks, lecture slides, past papers or other course material — unless you have the right to share it.

3.4 You are responsible; we are not liable for User Content. You are solely responsible for your User Content and for what happens because of it. We do not review User Content before it is posted, we do not endorse it, and opinions expressed by Users are theirs alone. To the maximum extent permitted by law, we are not liable for User Content that is defamatory, infringing, obscene, harmful or otherwise unlawful, or for any loss that results from it. We have no general duty to monitor User Content (ECTA section 78), but we may do so under clause 5.

3.5 Notice-and-takedown procedure. This procedure is intended to meet the requirements for limitation of liability for hosting providers under sections 75 to 77 of the ECTA.

• 3.5.1 Who can complain. Any person who believes that material on the Platform infringes their rights or is otherwise unlawful (including defamatory, infringing or obscene material) may send us a take-down notification. We also offer a "Report" button in the Platform for quick reports by Users. For legal claims (such as copyright), please use the formal procedure below, because it gives the best protection to everyone involved.
• 3.5.2 Where to send it. Send the notification in writing to our designated agent: [DESIGNATED AGENT NAME], [POSTAL ADDRESS], email support@inscripchat.com [OR A DEDICATED ADDRESS, e.g. legal@inscripchat.com], with the subject line "Take-down notification".
• 3.5.3 What it must contain. A take-down notification must include:
  1. the complainant's full names and address;
  2. the complainant's written or electronic signature;
  3. identification of the right that is allegedly infringed;
  4. identification of the material or activity that is the subject of the complaint, with enough detail (such as the web address) for us to find it;
  5. the remedial action the complainant wants us to take (for example, removal of the material);
  6. the complainant's telephone number and email address;
  7. a statement that the complainant is acting in good faith;
  8. a statement that the information in the notification is, to the complainant's knowledge, true and correct; and
  9. if the complainant acts for a Rights Holder, a statement that they are authorised to do so.
• 3.5.4 What we do. We will acknowledge a valid notification within [2] business days. Acting expeditiously, we will remove the material or disable access to it, and we will tell the User who posted it, including a copy of the notification (we may withhold the complainant's personal details where the law or safety requires). We may ask for more information if the notification is incomplete; an incomplete notification may not trigger removal.
• 3.5.5 Counter-notification. If you believe your material was removed by mistake or that the complaint is unfounded, you may send a counter-notification to the address in clause 3.5.2 within [10] business days. It must give your full names and contact details, identify the removed material and where it appeared, explain why you believe it is lawful, include a statement made in good faith that the information is true and correct, and be signed (electronically is fine). We will pass it to the complainant. We may restore the material after [14] business days unless the complainant tells us they have started legal proceedings or we receive a court order or other lawful instruction.
• 3.5.6 False notices. Under section 77 of the ECTA, a person who lodges a take-down notification knowing that it materially misrepresents the facts is liable for damages for wrongful take-down. We are not liable for removing or disabling material in good faith in response to a notification.
• 3.5.7 Repeat infringers. We will suspend or terminate the accounts of Users who are the subject of [three] or more valid notifications.
• 3.5.8 Urgent material. If you come across material that shows the sexual abuse of a child, intimate images shared without consent, or an imminent threat to someone's safety, report it to us immediately. We will remove it without delay and may report it to the South African Police Service or another authority.
• 3.5.9 No waiver. Using this procedure does not limit our right to remove or disable material at any time under clause 5.

3.6 Our content. The Platform and Platform Content belong to us or our licensors. We give you a limited, personal, non-exclusive, non-transferable, revocable right to use the Platform for its intended purpose, under this Agreement. You may not copy, scrape, resell or create derivative works from Platform Content except as the law allows.

3.7 Feedback. If you give us suggestions or feedback, we may use them without paying you or crediting you.

3.8 Downloads and sharing. Some features, including downloading files, may be limited to certain Users or contexts (for example, to members of the Group where a file was shared). Do not circumvent these limits or redistribute material you have downloaded in a way that infringes the owner's rights.

4. Prohibited Conduct

4.1 What you must not do. You must not use the Platform to, or allow anyone else to:

• (a) break the law, or encourage or help anyone else to do so, including laws on cybercrime, privacy and data protection;
• (b) post defamatory content, or content that unlawfully attacks someone's reputation or dignity;
• (c) post content that infringes someone else's intellectual property, privacy or personality rights;
• (d) post hateful content — content that is discriminatory or demeans, harasses or incites hatred or violence against a person or group because of race, ethnicity, nationality, gender, sexual orientation, religion, disability or another protected characteristic;
• (e) post harmful content, including threats, incitement to violence, content that encourages self-harm, malware, or content that exposes other people's private information (such as their address or phone number) without their consent;
• (f) post obscene or sexual content, content that sexualises minors, or intimate images of anyone shared without their consent;
• (g) harass, bully, stalk, intimidate or repeatedly contact someone who has asked you to stop;
• (h) impersonate any person or organisation (including a lecturer, staff member or other User), or falsely claim an affiliation;
• (i) engage in fraud, scams or phishing, or try to obtain other Users' passwords or financial information;
• (j) cheat academically — for example, sell, trade or share completed assignments for submission as someone else's work, or share leaked examinations or tests. You are responsible for following your own institution's rules;
• (k) carry out unauthorised commercial activity, including advertising, promoting or selling goods or services, running paid-tutoring or referral schemes, affiliate or multi-level marketing, or sending spam, without our prior written consent;
• (l) scrape, harvest, or collect data or other Users' information using bots or automated means, or build a database from the Platform;
• (m) interfere with or disrupt the Platform or its security, including by probing for weaknesses, bypassing rate limits or access controls, reverse engineering the software, or overloading our systems;
• (n) access or try to access another person's account, or create additional accounts to get around a suspension or ban; or
• (o) misuse our reporting, take-down or counter-notification procedures, including by lodging false or bad-faith reports.

4.2 Consequences. We may act on any breach of this clause 4 as set out in clause 5, and we may report unlawful conduct to the relevant authorities.

4.3 Reporting. If you see conduct or content that breaks these rules, tell us using the "Report" button or by emailing support@inscripchat.com.

5. Platform Rights and Moderation

5.1 Removing content. We may, without prior notice, remove or disable access to any User Content that we reasonably believe breaks this Agreement or the law, infringes someone's rights, or could harm Users, the Platform or us.

5.2 Suspension and termination. We may suspend, restrict or terminate your account, with or without notice, if we reasonably believe that you have breached this Agreement or the law, that your account poses a security risk, that you are an infringer under clause 3.5.7, or that we must do so to comply with the law. We may also close accounts that have been inactive for [24] months, after giving you [30] days' notice by email.

5.3 Review. If you think we acted in error, you may ask us to review our decision by emailing support@inscripchat.com within [14] days. We will consider your request and reply, but we are not obliged to reverse our decision.

5.4 How moderation works. We may review reported content and, where necessary to deal with a report, investigate a serious breach or comply with the law, our authorised moderators may access private messages. We do not routinely read private messages. Moderator access is logged. The Privacy Policy explains this in more detail.

5.5 Closing your account. You may delete your account at any time in your account settings. When you do, we remove or anonymise your personal information as described in the Privacy Policy. Some content you posted (such as comments or posts) may remain visible, without your name, unless you delete it first. Clauses that by their nature should continue after termination (including clauses 3.2(c), 3.4, 6, 7, 8, 9 and 11) will continue.

5.6 Changes to the Platform. We may change, suspend or discontinue any part of the Platform, including features, storage limits or availability, and we may perform maintenance, with or without notice. We do not guarantee that any feature will always be available.

5.7 Advertising. We may show advertising or sponsored content on the Platform. We do not endorse advertisers or their products, and any dealings you have with an advertiser are between you and them. Advertisers do not receive your personal information; the Privacy Policy explains how advertising works.

5.8 Third-party links. The Platform may link to other sites. We do not control them and are not responsible for them.

5.9 Cooperation with authorities. We may preserve and disclose information as required by law or a court order, or as the Privacy Policy permits.

6. Disclaimer of Warranties

IMPORTANT — please read this clause carefully. It limits what you can expect from us.

6.1 To the maximum extent permitted by law, the Platform is provided "as is" and "as available". We give no warranty that:

• (a) the Platform will be uninterrupted, timely, error-free or secure, or that defects will be corrected;
• (b) User Content, study materials or any information on the Platform is accurate, complete, current or reliable — we do not check User Content, and it is not academic, professional, legal or financial advice. Do not rely on it for assessments or other important decisions without checking it yourself; or
• (c) the Platform is fit for any particular purpose.

6.2 We do not warrant or endorse anything posted by Users or advertised by third parties, and we are not a party to dealings between Users.

6.3 Your rights under the law. Nothing in this clause removes any warranty or right that you have under the CPA or other law that cannot be excluded or limited by agreement.

7. Limitation of Liability

IMPORTANT — please read this clause carefully. It limits our liability to you.

7.1 Excluded losses. To the maximum extent permitted by law, we (and our officers, directors, employees and agents) are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, data, goodwill or opportunity (including academic results or opportunities), arising out of or in connection with your use of, or inability to use, the Platform, even if we were told such loss was possible.

7.2 Cap. To the maximum extent permitted by law, our total liability to you for all claims connected with the Platform will not exceed [R1,000 / the greater of R1,000 and the amount you paid us in the 12 months before the claim arose].

7.3 Things outside our control. We are not liable for: the content or conduct of other Users; third-party sites or advertisers; or delays or failures caused by events outside our reasonable control, such as power or network failures, internet outages, attacks, or acts of government or nature.

7.4 What is not limited. Nothing in this Agreement excludes or limits our liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by our negligence, or any liability that cannot be excluded or limited by law (including under the CPA and POPIA, and any non-excludable rights you have under the law of the country where you live).

7.5 Separate clauses. Each paragraph of this clause 7 is separate. If one is found unenforceable, the others still apply.

8. Indemnification

IMPORTANT — please read this clause carefully. It may require you to pay us costs.

8.1 To the extent permitted by law, you agree to indemnify and hold harmless the Platform, [LEGAL ENTITY NAME], and its officers, directors, employees and agents ("Indemnified Persons") from and against any claim, demand, loss, liability, damage and cost (including reasonable legal fees) brought by a third party and arising from:

• (a) your User Content;
• (b) your breach of this Agreement; or
• (c) your breach of the law or of anyone else's rights.

8.2 We will tell you promptly about a claim covered by this clause and allow you to help with the defence, provided that we may take over the defence and settlement of any claim at our own cost. You may not settle a claim in a way that imposes obligations on us without our written consent.

8.3 This clause does not apply to the extent that it would be unlawful or unfair under the CPA or other mandatory consumer-protection law, and it does not cover loss caused by our own fraud, gross negligence or wilful misconduct.

9. Governing Law and Dispute Resolution

9.1 Governing law. This Agreement, and any dispute arising from it or from your use of the Platform, are governed by the laws of the Republic of South Africa.

9.2 Mandatory consumer rights. If you use the Platform from outside South Africa, nothing in this Agreement removes the mandatory consumer-protection rights or data-protection rights you have under the laws of the country where you habitually live, or your right to bring a claim in the courts of that country where the law gives you that right. Likewise, nothing in this Agreement reduces any right you have under the CPA or POPIA.

9.3 Step 1 — talk to us. If you have a dispute with us, first send us a written description of it at support@inscripchat.com. We will try in good faith to resolve it within [30] days.

9.4 Step 2 — mediation in Johannesburg. If the dispute is not resolved within that time, the parties must attempt to resolve it by mediation in Johannesburg, South Africa before starting court proceedings. The mediator will be agreed between the parties or, failing agreement within [10] days, appointed by [the Arbitration Foundation of Southern Africa (AFSA) / ANOTHER MEDIATION BODY]. Mediation may take place by video call where a party lives outside Johannesburg. The mediator's fees are shared equally unless the parties agree otherwise, and each party bears its own costs. The mediation is confidential and without prejudice. If mediation does not resolve the dispute within [60] days of the mediator's appointment, either party may take the matter further.

9.5 Step 3 — courts. Subject to clause 9.2, the High Court of South Africa, Gauteng Local Division, Johannesburg (or any other court with jurisdiction) may hear disputes that were not resolved by mediation. Either party may at any time ask a court for urgent or interim relief to protect its rights.

9.6 Regulators. Nothing in this clause prevents you from contacting a regulator or complaint body, such as the Information Regulator or the National Consumer Commission in South Africa, or the data-protection or consumer authority in your own country.

10. Changes to These Terms

10.1 We may amend these Terms from time to time, for example to reflect changes to the Platform or the law.

10.2 For material changes, we will notify you by email to your registered address and/or by a prominent notice on the Platform at least [30] days before the change takes effect, except that changes required by law or needed urgently for security may take effect sooner. We will also update the "Last Updated" date and version number, and keep previous versions available on request.

10.3 If you keep using the Platform after the effective date, you accept the amended Terms. If you do not accept them, you must stop using the Platform and may delete your account before the effective date. Where a change affects how we process your personal information and the law requires your consent, we will ask for it again.

11. General

11.1 Severability. If any part of this Agreement is found to be invalid or unenforceable, that part is limited or removed to the minimum extent needed, and the rest of the Agreement stays in force.

11.2 Entire agreement. This Agreement is the whole agreement between you and us about the Platform and replaces earlier understandings about the same subject.

11.3 No waiver. If we do not enforce a right straight away, that does not mean we have given it up.

11.4 Assignment. You may not transfer your rights or obligations under this Agreement. We may transfer ours to a successor to our business, on notice to you and without reducing your rights.

11.5 Notices. We may give you notice by email to your registered address or by notice on the Platform. You may give us notice at support@inscripchat.com.

11.6 Jurisdiction-specific rights. Where the law of your country gives you mandatory rights that cannot be waived — including rights under POPIA and the CPA in South Africa, under the General Data Protection Regulation and local consumer law in the European Economic Area and the United Kingdom, and under the California Consumer Privacy Act as amended by the California Privacy Rights Act — those rights apply and prevail over anything in this Agreement that conflicts with them.

11.7 Language. This Agreement is written in English. If it is translated, the English version prevails.

11.8 Contact. support@inscripchat.com