1. Competition

2. Content Locker Platform

3. Customer Support

4. Duration

5. Data Protection and Privacy

6. User Conduct and Responsibilities

7. Intellectual Property Rights

8. Limitation of Liability

9. Indemnification and Disclaimers

10. Termination

11. Governing Law and Dispute Resolution

12. Notices and Service Address

13. General

Terms and Conditions

By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service. This Agreement was last modified on 3rd May 2024.

1. ULink2U "Create and Win" Competition

1.1 Eligibility

The ULink2U "Create and Win" Competition is open to all registered users of the ULink2U platform. Employees of ULink2U and their immediate family members are not eligible to participate. Participants must be of legal age to enter the competition as determined by their local jurisdiction.

1.2 How to Enter

Participants must submit an original creation made using ThingLink through the ULink2U platform. Each submission must meet the quality standards set by ULink2U and adhere to the content guidelines outlined on our platform. Submissions that do not meet these criteria will not be eligible for entry into the competition.

1.3 Competition Period

The company will notify participants about the start and end dates of the competition.

1.4 Prizes

Two winners will be selected at random from all eligible entries. The first winner will receive an Oculus Quest 2 headset, and the second winner will receive a DJI Tele drone. Prizes are non-transferable and cannot be exchanged for cash. Winners are responsible for any taxes, duties, or other charges associated with the receipt or use of the prize.

1.5 Winner Selection and Notification

Winners will be selected in a random drawing conducted by ULink2U from among all eligible entries received during the competition period. Winners will be notified via email or direct message on the ULink2U platform within seven days following the selection. Winners must respond within 48 hours to claim their prize. Failure to respond within this timeframe may result in disqualification and the selection of an alternate winner.

1.6 General Conditions

By participating in the competition, entrants agree to be bound by these terms and conditions and the decisions of ULink2U, which are final and binding in all matters related to the competition. ULink2U reserves the right to cancel, suspend, or modify the competition if any problem prevents the competition from being conducted as planned.

1.7 Intellectual Property

By submitting an entry, participants grant ULink2U a non-exclusive, royalty-free license to use, display, reproduce, and distribute the entries in connection with the competition and for promotional purposes related to ULink2U services.

1.8 Privacy

Participation in the competition involves the collection and processing of personal data. Please refer to our Privacy Policy for details on how we handle personal information.

1.9 Liability Release

ULink2U is not responsible for any incorrect or inaccurate information, whether caused by website users or by any equipment or programming associated with or utilized in the competition, nor for any technical or human error that may occur in the processing of submissions or the conducting of the competition.

2. ULINK2U Content Locker Platform

2.1 The ULINK2U Content Locker serves as a comprehensive digital repository and security platform meticulously crafted to empower students and educational institutions in curating, managing, and safeguarding their creative content (“the Platform”).

2.2 Access to the Platform necessitates possession of an electronic device with internet connectivity, ensuring seamless interaction and utilization of the Platform's robust features.

2.3 Users have the flexibility to engage with the Platform either independently or collaboratively within designated groups, fostering a dynamic environment conducive to collective learning and creativity.

2.4 Content creation activities within the Platform are enriched by a diverse array of application software options thoughtfully curated to cater to varying creative pursuits and educational objectives and additional application software's are integrated regularly.

2.5 In addition to application software, users may enhance their content with high-quality images sourced from designated platforms integrated within the platform.

2.6 Should a user use any third-party images not sourced from the designated platforms set forth in clause 1.5 above, the user hereby warrants to and in favour of ULINK2U that they either own or are authorised to use such images, and accordingly indemnifies ULINK2U in respect of such usage.

2.7 Upholding the integrity and appropriateness of content within the Platform is paramount. As such, users are strictly prohibited from uploading explicit content or images that may compromise the Platform's educational and ethical standards. Any violations of this policy will result in immediate removal from the Platform at the discretion of ULINK2U.

2.8 ULINK2U reserves the right to modify Platform rules, features, and functionalities at its discretion, ensuring continual improvement and alignment with evolving educational needs and technological advancements.

2.9 All official communications, updates, and announcements pertaining to the Platform will be promptly disseminated through the ULINK2U application portal, ensuring transparency and accessibility for all users.

3. Customer Support

3.1 The Platform is committed to providing exceptional customer support services tailored to the unique needs and challenges of its diverse user base. Support is available during standard business hours (08:00 - 16:00) on weekdays (excluding public holidays), with due consideration given to global time zone differences to ensure equitable access and assistance.

4. Duration

4.1 This agreement enters into force upon acceptance by ULINK2U and remains valid for an initial term of 12 months from the date of acceptance.

4.2 Subscriptions to the Platform are automatically renewed for successive 12-month periods following the initial term unless the Customer provides a written cancellation notice at least 30 days prior to the agreement's expiry.

4.3 In the event of early termination, the settlement amount will be calculated based on the current subscription rate multiplied by the remaining period. Written notification of cancellation is required to initiate the termination process.

4.4 Charges for utilizing the Platform are invoiced monthly in advance by way of debit order and are exclusive of Value Added Tax (VAT).

5. Data Protection and Privacy

5.1 ULINK2U is committed to protecting the privacy and personal data of its users. By accessing and using the Platform, users and schools agree to abide by the Platform's Privacy Policy, which outlines how personal data is collected, stored, and processed. Users have the right to review, update, and request deletion of their personal data in accordance with applicable data protection laws.

5.2 Users agree that should they submit any personal information using the Platform's chat functionality, their account will be suspended and a KYC process will be undertaken by ULINK2U.

6. User Conduct and Responsibilities

6.1 Users and schools are responsible for maintaining the security and confidentiality of their login credentials and must not share their account access with unauthorized individuals. Any unauthorized use of accounts or suspected security breaches must be reported to ULINK2U immediately.

6.2 Users and schools agree to use the Platform in a manner consistent with its intended purpose and in compliance with all applicable laws and regulations. This includes refraining from engaging in any activities that may disrupt or impair the functionality of the Platform or infringe upon the rights of other users.

6.3 Users warrant to and in favour of ULINK2U that all information submitted during account creation is accurate, current, and complete in all respects.

7. Intellectual Property Rights

7.1 All intellectual property rights associated with the Platform, including but not limited to software, content, trademarks, and logos, are owned by ULINK2U or its licensors. For the duration hereof as set forth in clause 3 above, users and schools are granted a limited, non-exclusive license to access and use the Platform for educational and noncommercial purposes only.

7.2 Users and schools retain ownership of the content they create and upload to the Platform, empowering them to showcase their creativity and achievements while maintaining control over their intellectual property rights. By uploading content, users grant ULINK2U a non-exclusive, royalty-free license to use, modify, reproduce, and distribute the content for the purpose of operating and improving the Platform.

7.3 Content generated within educational institutions using the Platform is deemed the property of the respective schools. This content will be securely stored within the school's dedicated ULINK2U Content Locker, ensuring accessibility and preservation for future reference and portfolio development. This unique feature equips students with tangible evidence of their educational journey, facilitating seamless transition and progression in their academic and professional endeavours.

8. Limitation of Liability

8.1 ULINK2U shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Platform, including but not limited to loss of data, revenue, or profits, even if ULINK2U has been advised of the possibility of such damages.

9. Indemnification and Disclaimers

9.1 Users and schools agree to indemnify and hold ULINK2U harmless from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or in connection with their use of the Platform, including any breach of these terms and conditions.

9.2 The Platform and the intellectual property therein are provided “as is” and “as available”. ULINK2U make no representations or warranties, express or implied, as to the accuracy, correctness, or suitability of the Platform or the content therein.

9.3 All content, information, and/or opinions of users made available on the Platform are those of the authors and not ULINK2U.

9.4 We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform offline. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Platform remains solely at your own risk, and you should take your own precautions accordingly.

10. Termination

10.1 ULINK2U reserves the right to suspend or terminate access to the Platform at any time and for any reason, including but not limited to violations of these terms and conditions or suspected fraudulent or illegal 10.2 Activities. In the event of termination, users and schools will no longer have access to their content stored on the Platform.

11. Governing Law and Dispute Resolution

11.1 These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

11.2 Negotiation should any dispute, disagreement or claim arise between you and ULINK2U concerning the use of the Platform or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

11.3 Mediation should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent third party who shall mediate the discussions between them to find a mutually beneficial solution.

11.4 Arbitration - If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by ULINK2U.

11.5 No publication - The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

12 . Notices and Service Address

12.1 Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being: • In the case of ULINK2U, at info@ulink.co.za; or • In the case of the user, at the e-mail, cellphone number, and/or address provided on the cover page hereof.

12.2 Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

12.3 Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

13 . General

13.1 Relationship Between the Parties

The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.

13.2 Force Majeure

If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned

13.3 Change Without Notice

The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

13.4 Entire Agreement

This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.

13.5 No Indulgence

No indulgence, leniency or extension of time granted by ULINK2U shall constitute a waiver of any of ULINK2U's rights under these Terms and, accordingly, ULINK2U shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.

13.6 Importation of Words

Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa. 13.7 Headings as Reference - The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

13.8 Failure to Pay

In the event of a client failing to pay any amount timeously or breaching these Terms, the client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by ULINK2U in relation to the payment failure or breach.

13.9 Severability

Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

13.10 Prohibited Provision

No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions of clause above.

14. Contact Us

If you have any questions about this Agreement, please feel free to contact us at info@ulink.co.za