Terms of Service

Introduction

1. The Oorsee site (the  Site ) is owned and operated by Steven Phyffer a sole proprietor trading in Australia as Webpress Solutions ( WebPress ,  we ,  us ). By using the Site you agree to be bound by these terms (the  Terms ) together with the privacy policy accessible in the Site (the  Privacy Policy ). These Terms and the Privacy Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use the Site. If you have any questions, you can contact us at sphyffer@icloud.com
2. We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
3. The Site allows South African Expats to connect and communicate with each other, and to upload and share content (User Content ).

Sign-up

1. You warrant that all information that you provide to us on registration up is accurate and complete and you shall promptly make any necessary changes to that information within your account on the Site.
2. You are responsible for maintaining the confidentiality of your login details, and you are solely responsible for all activities that occur under your login details. You must not allow any third party to access the Site through your login details.  Please take precautions to protect your login details and contact us immediately at sphyffer@icloud.com if you believe there has been any unauthorised use of your log in details.  You should exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this Clause 5.
3. You are responsible for noting the renewal date of your membership.

Fees

1. Access to and use of some of the Site is free.

Use of the Site

1. The Site enables you to create a profile, to chat with other users and to upload and share User Content.
2. The Site must not be used for any illegal or unauthorised purpose. Users of the Site may not use any information obtained from the Site to advertise or sell to any other user without his or her prior explicit consent.
3. When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) use the Site in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of the Site; and/or (c) save to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site.

User Content

1. User Content must comply with all applicable laws and regulations and our Acceptable Use Policy.
2. You can share your User Content with other users, or make your User Content private.
3. You grant a perpetual, non-exclusive, royalty free, transferable licence to Oorsee to reproduce your User Content on the Site.
4. If you have not made your User Content private, then you grant a perpetual, non-exclusive, royalty free, transferable licence to (a) Oorsee to share with other users your User Content on the Site in accordance with these Terms; and (b) to all users of the Site to use, amend, share and reproduce your User Content for their own purposes.
5. We are not responsible and accept no liability for User Content including any User Content that contains incorrect information. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. We do not necessarily endorse any opinion or statement contained in any User Content.

Oorsee Content

1. The copyright in all material contained in the Site including all information, data, text, images, and all source code and other software is owned by or licensed to Oorsee ( Our Content ). All rights are reserved. You can view, print or download extracts of Our Content for your own internal business purposes, use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use Our Content without our permission.
2. You acknowledge that Our Content is for information only and does not constitute advice or recommendation. We do not warrant that Our Content complies with any requirements of government, the national curriculum and/or any particular examination board.

Links to third party content

1. The Site may contain links to websites or Sites operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
2. We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not Oorsee, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

Liability and disclaimer – Your attention is particularly drawn to this section

1. Use of the Site, and in particular User Content, is at your own risk. The Site and all User Content is provided on an “as is” basis. Each user acknowledges and agrees that the User Content is provided for information only and does not constitute advice or recommendation by Oorsee. Each user must determine whether the User Content is fit for purpose, and each user determines at its sole discretion whether or not to use and/or rely on User Content in its professional teaching capacity.   To the maximum extent permitted by law (a) Oorsee disclaims all liability whatsoever, whether arising in contract, tort (including negligence) under statute or otherwise in relation to the Site including Our Content and User Content; and (b) all implied warranties, terms and conditions relating to the Site, Our Content and User Content (whether implied by statute, common law or otherwise), including any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded.
2. Oorsee will not be liable, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the Site, for any (a) economic loss including loss of revenues, profits, contracts, business or anticipated savings; (b) loss of reputation; (c) loss of data including User Content of any user; and/or (d) special or indirect or consequential loss even if advised of the possibility of such losses.
3. If Oorsee is liable to you directly or indirectly in relation to the Site, that liability (howsoever arising) shall be limited to the fees paid by you to Oorsee in the 12 months before the claim arose. Nothing in these Terms shall be construed as excluding or limiting the liability of Oorsee for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by Australian law.

  Availability

1. There may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You also acknowledge that the Site may be subject to breaches of security and that the submission of content and interactions with other users may not be secure.
2. We reserve the right to remove any content or features from the Site for any reason, without prior notice and/or to suspend or cease providing any services relating to the Site without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.

Termination/Cancellation of Membership

1. You may terminate your account at any time.
2. You can cancel at any time.
3. Without prejudice to any other rights or remedies available to us, we may suspend or terminate your account if (a) you have breached any provision of these Terms including the Acceptable Use Policy; (b) we cannot verify or authenticate any information you provide to us; and/or (c) we determine that your conduct could damage our reputation.
4. If your account is terminated (a) you must cease to use the Site; (b) you may not re-register under a different name; and (c) you acknowledge that your User Content may be deleted or retained by us after the date your account is deleted at our sole discretion.

General

1. In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.
2. These Terms and the Privacy Policy (as amended from time to time) constitute the entire agreement between you and Oorsee concerning your use of the Site.
3. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
4. You consent to receive all communications including notices and other information from Oorsee electronically. Oorsee may provide all such communications by email, text or by posting them on the Site.
5. These Terms shall be governed by and construed in accordance with Australian law and you agree to submit to the exclusive jurisdiction of the Australian Courts.

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Privacy Policy

Introduction

1. The Oorsee site (the Site) is owned and operated by Steven Phyffer a Sole Proprietor trading as WebPress Solutions in Melbourne, Australia  (Oorsee, we, us). By using the Site you agree to be bound by this privacy policy (the Privacy Policy) and the terms of use accessible on the Site (the Terms). This Privacy Policy and the Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by this Privacy Policy and/or the Terms, do not use the Site.
2. We reserve the right to update this Privacy Policy from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing this Privacy Policy so that you are aware of any changes to it.
3. We are committed to respecting your privacy. This Privacy Policy sets out how we collect, use and share information that identifies you or is otherwise associated with you. If you have any questions, you can contact us at sphyffer@icloud.com

Collection of Personal Data through the Site

4. We will collect your personal information through your use of the Site when you sign-up and as provided by you through your interactions with the Site including when you upload content to the Site. For example, we may collect your name, address, telephone number, fax number and email address. All information that you provide must be true, complete and accurate.
5. When you use the Site, we automatically collect and store information about your computer, browser or mobile device and your activities. This information could include (a) your computer or other device’s unique ID number; (b) your mobile device’s geographic location while you are using the Site; (c) your IP address: (d) technical information about your computer and mobile device such as type of device, web browser or operating system; (e) your preferences and settings such as time zone and language; (f) how long you used the Site and which services and features you used.

Use of the Information 

6. We may use your personal information to (a) manage your account and provide the services and support you request; (b) prevent potentially prohibited or illegal activities and enforce the Terms; (c) customise, measure and improve our services, content and advertising; (d) tell you about our services; (e) better understand our users, diagnose and fix problems; and (f) sell and display offers and ads that may be relevant to you.
7. We only share your Spore (Bonus Points) earned through the app with others via an in app Spore Leaderboard. We do not share personal information with others except (a) in accordance with the Terms; (b) when we inform you and give you an opportunity to opt out of having your personal information shared; (c) to respond to legal requirements (including under the Data Protection Act 1998 as amended, or its local equivalent) or protect a third party’s rights, property, or safety; and (d) to any service providers, sub-contractors and agents that we may appoint to perform functions on our behalf and in accordance with our instructions, including our payment providers.
8. We shall not transfer your personal data outside of the EEA without your prior consent.

Marketing

9. When you provide your personal data to us, you expressly consent to receive email  from us.  You can choose to no longer receive emails from us by notifying us at sphyffer@icloud.com
10. We shall therefore retain your personal data in our records for marketing purposes until you notify us that you no longer wish to receive emails from us.

Cookies

11. A cookie is a small text file containing a unique identification number that is transferred (through your browser) from a website to the hard drive of your computer. The cookie identifies your browser but will not let a website know any personal information about you, such as your name and/or address. These files are then used by websites to identify when users revisit that website.
12. As with most websites, this Site uses cookies so that we can recognize you when you return and personalize your settings and preferences. Most browsers are initially set up to accept cookies. You can change your browser settings either to notify you when you have received a cookie, or to refuse to accept cookies. Please note that this Site may not operate efficiently if you refuse to accept cookies. Below is a list of the cookies used on this Site and what they do:

Security

13. We take appropriate technical and organizational against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage, to personal data. The technology that we use and the security policies which we have implemented are intended to safeguard your information from unauthorised access and improper use. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise that your personal information, or other interactions with the Site, other users or us will always remain secure.

Your rights

14. You have the right to obtain from Oorsee a copy of the personal data that we hold for you, and to require us to correct errors in the personal data that we process for you if it is inaccurate or incomplete.
15. You have the right to require Oorsee to delete your personal data, but you acknowledge that if we do so, your Oorsee account will terminate.
16. To exercise these rights, or any other rights you may have under applicable laws, please contact us at sphyffer@icloud.com

General

17. In this Privacy Policy (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.
18. If any provision of this Privacy Policy is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
19. This Privacy Policy shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

Oorsee – Acceptable Use Policy

This AUP applies to the content you provide to the Oorsee website (User Content).  This AUP forms part of the Oorsee Terms of Use.

Oorsee provides a friendly, supportive and considerate environment where users can share experience and expertise. Users should ensure that they comply with this AUP, and acknowledge that Oorsee may take such action as it deems appropriate for any failure to do so.

User Content must not:

1. encourage or otherwise deliberately or recklessly involve any breaches of applicable laws, regulations, codes of practice and/or guidelines relating to education;
2. include knowingly false, misleading or deceptive information;
3. include any copyrights, database rights, trade marks or other intellectual property rights that do not belong to you, unless you have the written consent of the owner of such rights;
4. include any content which promotes fraudulent, obscene, pornographic, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory;
5. interfere with the access, use or enjoyment of the systems of Oorsee or any third party, including without limitation causing greater demand on the systems than is deemed by Oorsee to be reasonable, attacks such as flaming other participants in a manner that might incite or perpetuate a conflict or argument;
6. harvest or otherwise collect non-public information about another user obtained through the Site (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;
7. add a Site member to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes;
8. use another’s User Content except in accordance with the Terms, including by deep-linking, redistributing or facilitating the redistribution of another User’s Content.

Last updated: November 2023

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