Terms of service.

Jan 05, 2022

Effective from February 5, 2022

What is covered in these terms

These terms of service reflect the way Lefoka’s business works, the laws that apply to our company, and certain things we’ve always believed to be true. As a result, these terms of service help define Lefoka’s relationship with you as you interact with our products or services. For example, these terms include the following topic headings:

• What you can expect from us, which describes how we provide and develop our products and services
• What we expect from you, which establishes certain rules for using our products or services
• Content in Lefoka services, which describes the intellectual property rights to the content you find in our services — whether that content belongs to you, Lefoka, or others
• In case of problems or disagreements, which describes other legal rights you have, and what to expect in case someone violates these terms
  

Understanding these terms is important because, by using our products or services, you’re agreeing to these terms.

Besides these terms, we also publish a privacy policy. Although it’s not part of these terms, we encourage you to read it to better understand how you can update manage your information.

Terms

Service provider

Lefoka products and services are provided by, and you’re contracting with:

Lefoka Works Pty (Ltd)
Organised under the laws of the province of Gauteng, South Africa, and operating under the laws of South Africa.

140 West Street,
Sandton, 2057,
South Africa

Age requirements

To manage your Lefoka account, you must be the age of 18 (Eighteen) years or older to make use of our products or services.

If you’re under the age required to manage your own Lefoka account, you must have your parent or legal guardian’s permission to use a Lefoka account. Please have your parent or legal guardian read these terms with you.

If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the products or services.

Your relationship with Lefoka

These terms help define the relationship between you and Lefoka. Broadly speaking, we give you permission to use our products or services if you agree to follow these terms, which reflect how Lefoka’s business works and how we earn money. When we speak of "Lefoka," "we," "us," and "our," we mean Lefoka Works Pty (Ltd) and its affiliates.

What you can expect from us

Provide a broad range of useful services

We provide a broad range of services that are subject to these terms, including:

• apps and sites
• platforms
• integrated service
  

Many of these products or services also include content that you can stream or interact with.

Our products or services are designed to work together, making it easier for you to move from one activity to the next.

Develop, improve, and update Lefoka products or services

We’re constantly developing new technologies and features to improve our products or services. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our products or services, and start offering new products or services or stop offering old ones.

If we make material changes that negatively impact your use of our products or services or if we stop offering a service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

What we expect from you

Follow these terms and service-specific additional terms

The permission we give you to use our products or services continues as long as you comply with:

• these terms
• service-specific additional terms, which could, for example, include things like additional age requirements
  

We also make various policies, help centers, and other resources available to you to answer common questions and to set expectations about using our products or services. These resources include our privacy policies and help centre.

Although we give you permission to use our products or services, we retain any intellectual property rights we have in the services.

Respect others

We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:

• comply with applicable laws, including export control, sanctions, and human trafficking laws
• respect the rights of others, including privacy and intellectual property rights
• don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, illegally impersonating, defaming, bullying, harassing, or stalking others
• don’t abuse, harm, interfere with, or disrupt the services — for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures.
  

Our service-specific additional terms and policies provide additional details about appropriate conduct that everyone using those services must follow. If you find that others are not following these rules, many of our services allow you to report abuse. If we act on a report of abuse, we also provide the process described in the taking action in case of problems section.

Permission to use your content

Some of our products or services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our products or services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.

License

Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as reviews you write. Or you may have the right to share someone else’s creative content if they’ve given you their permission.

Your intellectual property rights restrict our use of your content. You provide Lefoka with that permission through this license.

What’s covered

This license covers your content if that content is protected by intellectual property rights.

What’s not covered

This license does not affect your privacy rights — it’s only about your intellectual property rights

This license does not cover these types of content:

• publicly-available factual information that you provide. That information does not require a license because it’s considered common knowledge that everyone’s free to use.
• feedback that you offer, such as suggestions to improve our products or services. Feedback is covered in the service-related communications section below.
  

Scope

This license is:

• worldwide, which means it’s valid anywhere in the world
• non-exclusive, which means you can license your content to others
• royalty-free, which means there are no monetary fees for this license
  

Rights

This license allows Lefoka to:

• host, reproduce, distribute, communicate, and use your content — for example, to save your content on our systems and make it accessible from anywhere you go
• publish, publicly perform, or publicly display your content, if you’ve made it visible to others
• modify and create derivative works based on your content, such as reformatting or translating it
• sublicense these rights to:
  - other users to allow the services to work as designed, such as enabling you to share photos with people you choose
  - our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the purpose section below
  

Purpose

This license is for the limited purpose of:

• operating and improving the products or services, which means allowing the products or services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your content:
  - for spam, malware, and illegal content
  - to customize our products or services for you, such as providing recommendations and personalised results, content, and ads (which you can change or turn off in your LefokaLive account settings)
  
• this analysis occurs as the content is sent, received, and when it is stored.
• using content you have shared publicly to promote the services. For example, to promote a Lefoka product or service, we might quote a review you wrote.
• developing new technologies and services for Lefoka consistent with these terms
  

Duration

This license lasts for as long as your content is protected by intellectual property rights.

If you remove from our services any content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time. There are two exceptions:

• If you already shared your content with others before removing it. For example, if you shared a photo with a friend who then made a copy of it, or shared it again, then that photo may continue to appear in your friend’s Lefoka account even after you remove it from your Lefoka Account.
• If you make your content available through other companies’ services.
  

Using Lefoka services

Your Lefoka account

If you meet these age requirements you can create a Lefoka account for your convenience. Some products or services require that you have a Lefoka account in order to work — for example, to use LefokaLive or LefokaStock, you need a Lefoka account.

You are responsible for what you do with your Lefoka account, including taking reasonable steps to keep your Lefoka account secure.

Using Lefoka services on behalf of an organisation or business

Many organisations, such as businesses, non-profits, and schools, take advantage of our products or services. To use our services on behalf of an organisation:

• an authorized representative of that organisation must agree to these terms

Service-related communications

To provide you with our services, we sometimes send you service announcements and other information. To learn more about how we communicate with you, see Lefoka’s privacy policy.

If you choose to give us feedback, such as suggestions to improve our products or services, we may act on your feedback without obligation to you.

Content in Lefoka products or services

Your content

Some of our products or services give you the opportunity to make your content publicly available.

• see the permission to use your content section for more about your rights in your content, and how your content is used in our services
• See the removing your content section to learn why and how we might remove user-generated content from our products or services
  

Lefoka content

Some of our products or services include content that belongs to Lefoka. You may use Lefoka’s content as allowed by these terms and any service-specific additional terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure, or alter any of our branding, logos, or legal notices. If you want to use our branding or logos, please see the Lefoka brand permissions page.

Other content

Finally, some of our services give you access to content that belongs to other people or organisations. You may not use this content without that person or organisation’s permission, or as otherwise allowed by law. The views expressed in other people or organisations’ content are theirs, and do not necessarily reflect Lefoka’s views.

If you think someone is infringing your intellectual property rights, you can send us notice of the infringement and we’ll take appropriate action. For example, we suspend or close the Lefoka accounts of repeat copyright infringers.

Software in Lefoka services

We give you permission to use that software as part of the services.

The license we give you is:

• worldwide, which means it’s valid anywhere in the world
• non-exclusive, which means that we can license the software to others
• royalty-free, which means there are no monetary fees for this license
• personal, which means it doesn’t extend to anyone else
• non-assignable, which means you’re not allowed to assign the license to anyone else
  

Some of our products or services include software that is offered under open source license terms that we make available to you. Sometimes there are provisions in the open source license that explicitly override parts of these terms, so please be sure to read those licenses.

You may not copy, modify, distribute, sell, or lease any part of our products or services or software.

In case of problems or disagreements

Both the law and these terms give you the right to (1) a certain quality of service, and (2) ways to fix problems if things go wrong.

Warranty
We provide our products or services using reasonable skill and care. If we do not meet the quality level described in this warranty, you agree to tell us and we will work with you to try to resolve the issue.

Disclaimers
The only commitments we make about our products or services (including the content in the products or services, the specific functions of our products or services, or their reliability, availability, or ability to meet your needs) are provided in (1) the warranty section; (2) the service-specific additional terms; and (3) laws that can not be limited by these terms.

Liabilities
For all users
Both the law and these terms try to strike a balance as to what you or Lefoka can claim from the other in case of problems. That is why the law allows us to limit certain liabilities — but not others — under these terms.

These terms only limit our responsibilities as allowed by applicable law. These terms do not limit liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence or willful misconduct.

Other than the liabilities described above, Lefoka is liable only for its breaches of these terms or applicable service-specific additional terms, subject to applicable law.

For business users and organisations only
If you are a business user or organisation:

• To the extent allowed by applicable law, you will indemnify Lefoka and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
• If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities do not apply to you under these terms.
• Lefoka won’t be responsible for the following liabilities:
  - loss of profits, revenues, business opportunities, goodwill, or anticipated savings
  - indirect or consequential loss
  - punitive damages
  

Taking action in case of problems

Before taking action as described below, we will provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:

• cause harm or liability to a user, third party, or Lefoka
• violate the law or a legal enforcement authority’s order
• compromise an investigation
• compromise the operation, integrity, or security of our services
  

Removing your content
If we reasonably believe that any of your content (1) breaches these terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties, or Lefoka, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, terrorist content, and content that infringes someone else’s intellectual property rights.

Suspending or terminating your access to Lefoka services
Lefoka reserves the right to suspend or terminate your access to the services or delete your Lefoka account if any of these things happen:

• you materially or repeatedly breach these terms, service-specific additional terms, or policies
• we are required to do so to comply with a legal requirement or a court order
• we reasonably believe that your conduct causes harm or liability to a user, third party, or Lefoka — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that does not belong to you
  

For more information about why we disable accounts and what happens when we do, see this help centre page. If you believe your Lefoka account has been suspended or terminated in error, you can appeal.

Of course, you are always free to stop using our products or services at any time. If you do stop using a service, we would appreciate knowing why so that we can continue improving our products or services.

Settling disputes, governing law, and courts

For information about how to contact Lefoka, please visit our contact page.

South African law will govern all disputes arising out of or relating to these terms, service-specific additional terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Gauteng, South Africa, and you and Lefoka consent to personal jurisdiction in those courts.

To the extent that applicable local law prevents certain disputes from being resolved in a South African court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying South African law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, province, or other place of residence.

About these terms

By law, you have certain rights that ca not be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.

These terms describe the relationship between you and Lefoka. They do not create any legal rights for other people or organisations, even if others benefit from that relationship under these terms.

We want to make these terms easy to understand, so we have used examples from our products or services.

If these terms conflict with the service-specific additional terms, the additional terms will govern for that product or service.

If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.

If you don’t follow these terms or the service-specific additional terms and we do not take action right away, that does not mean we are giving up any rights that we may have, such as taking action in the future.

We may update these terms and service-specific additional terms (1) to reflect changes in our products or services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change these terms or service-specific additional terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you do not agree to the new terms, you should remove your content and stop using the products or services. You can also end your relationship with us at any time by closing your Lefoka account.

Related article

• Privacy policy

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