Please take a few minutes to carefully review these Terms & Conditions which apply to the Biosecurity Africa mobile application, the App. This version of the Terms & Conditions supersedes all previous versions. We reserve the right to make changes to the Terms & Conditions at any time. If we do so, the next time you open the mobile application, we will ask you to accept the updates Terms & Conditions.

In these Terms & Conditions, “BSA” and “we”, “us”, “our” and “Biosecurity” means Biosecurity Africa, Portion 30 Farm Lebombo 186JU, Komatipoort, Mpumalanga, South Africa, and our group of which Biosecurity Africa forms part of.

The App is designed for, and offered to, Public, Government, Farmer, Researcher, and Industry which includes input suppliers for use in relation to mobile pest, disease and migratory sighting activities and reports.

If you download and use the App, you represent and warrant that you are not doing so in a capacity other than mentioned above but in a professional capacity and on behalf of a company or other business entity (including Sole Trader), or on behalf of a research institute or public body (“Business”). If you are a Public user, you represent and warrant your intention is solely to report sightings and not malicious activities. You also represent and warrant that you are authorized to bind the Business to the Terms & Conditions. Unless the context otherwise requires, in the Terms & Conditions, “you” and “your” means both the person who has downloaded and uses the App and the Business on behalf of which the App is being used.

Biosecurity Africa: The App enables sighting capabilities for pests, diseases and migratory pests in Africa, data is collected as value add for Governments in order to make decisions based on sighting reports for rapid response to control or eradication efforts. Various data collection forms are generated based on Government and or Research Institutes requirements across Africa.

Your use of the App: By using the App, you agree to be bound by (1) these Terms & Conditions, and (2) to the applicable Google/Apple terms and conditions. For the avoidance of doubt, no partnership, consortium, or joint liability exists between Biosecurity Africa on the one hand and Google/Apple or other 3rd party provider exists

Changes to the App: We reserve the right to change the APP (including its content and functionality) and/or the Terms & Conditions from time to time. Biosecurity Africa will not be liable to you in any way for possible consequences of changes to the App or the Terms & Conditions. Personal data privacy policy: By downloading and using the App, you will be subject to the terms of the Biosecurity Africa Privacy Statement https://canvas.biosecurity.africa/privacy Usernames, password and security: Any username and password for the App provided to you, or chosen by you, is for your personal use only, and may not be used by anyone else (including other employees, friends, collogues or agents of your Business). If other employees, friends, colleagues, or agents of your Business wish to use the App, they should download the App to their smartphone and set up an account in their own name. You are entirely responsible for maintaining the confidentiality of your username and password.

Updating user information: Please notify us promptly if any of the information that you provided as part of any registration process (the “user information”) changes, or if you or your Business becomes aware that any of the user information is inaccurate or incomplete. Notwithstanding your obligation to provide us with updated user information, we have the right to rely on the user information that you previously provided until such time as you provide us with updated user information. You further agree that we may provide notices related to these Terms & Conditions or to the App by e-mail using the latest e-mail address you provided to us. If you cease to be an employee or authorized agent of your Business, cease to be authorized by your Business to use the App, then your Business must promptly notify Biosecurity Africa, and you are no longer authorized to use the App. You can then register as a Public user should you wish to continue using the sighting report functionality of the App.

Third-party information: Some of the information, images, and other materials available through the App are provided to us by third parties. Wherever practical, the source of these third-party materials is identified. These third parties’ materials are provided for you interest and convenience only. Biosecurity Africa does not warrant or represent that these materials are current, accurate, complete, or reliable. Biosecurity Africa accepts no responsibility for any use to which third party information is put. Links to websites: The App may contain hyperlinks to websites operated by Biosecurity Africa. These are governed b their own terms of use and privacy statements.

Product information: Any information contained or referenced in the App relating to Biosecurity Africa and its products and services is solely provided as an introduction. For specific advice and instructions related to our products and services, please contact us directly. Persons intending to use a crop protection product based on a possible sighting of a pest, disease, or migratory must contact their National NPPO or Extension officer for advice and or guidance.

Proprietary rights: The App contains Trademarks and Contents which are proprietary to Biosecurity Africa and which are protected by intellectual property and other rights and laws. Biosecurity Africa retain exclusive ownership of the App, its Contents and Trademarks. You may not reproduce, display, or otherwise use any Trademark except as set out below. “Trademarks” means trademarks, service marks and logos. “Contents” means the following and intellectual property rights therein. (1) the underlying algorithms and software which power the App; (2) the “Outputs” which you have saved and or any other outputs which you obtain via the App; (3) the design, features, functionality, navigation, and look and feel of the App; (4) your “Feedback” such as ratings, comments, criticism, suggested improvements posted by you on the App or relating platforms.

Your license to use the App: You are granted a non-exclusive, non-transferable, non-assignable, limited license to use the App and to download, run, store, print, copy and share Contents from the App provided that you only use the App and its contents for the legitimate purposes and you do not modify the App and/or its Contents in any way. You may not sell or otherwise transfer the App and/or its Contents to third parties or generate Contents for third parties. Any third party wishing to access services through the App should download the App. Except as stated above, no other rights to the Outputs, the App or any of its Contents are transferred to you. For example (without limitation) you may not do the following without first obtaining written permission from Biosecurity Africa publish, display, or transfer the App or link it to any other publicly available site.

Warranty regarding data which you upload to, or post on, the App. “Your data” means all data and information (including, without limitation, name, email address, user location, geolocation, sighting information) and feedback which you submit through the App. You represent and warrant that: (1) Your Sighting Data complies with all applicable laws and you have the rights required to submit it through the App and to grant the license set out below under “Your license grant to Biosecurity Africa”. (2) Where Your Data includes personal data relating to an individual other than yourself, you have obtained that individual’s prior informed consent by asking then to read and confirm to you that they understand and agree with the terms of the Privacy Policy set out on the App; and (3) Your Data does not infringe any third party’s intellectual property, privacy or other rights and Biosecurity Africa will not need to obtain licenses from, or pay royalties to, any third party.

Your license grant to Biosecurity Africa: By submitting Your Data “Sightings” to the App, you grant Biosecurity Africa a non-exclusive, worldwide license to use your Data (in anonymized form) for any purpose (including, without limitation, to develop products and services which are not offered through the App). You agree that the license is perpetual, royalty free, sub-licensable and assignable to your respective country NPPO office. To the extent that your Data includes personal data, we will only use such personal data in accordance with the Privacy Policy for the App. You further agree that your local NPPO office will have access to Your Data, contact you based on the registration information provided for inspections, control, or eradication efforts.

Restrictions on your use of the App: You agree to comply with applicable law when using the App. You agree not to use an automated system to access the App or alter the App functionality or availability of the App. You agree not to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to humanperceivable form all or any part of the App or its Contents or attempt to derive the source code or create derivative works.

Disclaimer. The App is provided on an “as is, “as available” basis. We do not guarantee that the App will always be available. Although we will try to minimize disruption and inform you in advance of planned shutdowns, we reserve the right to shut down the App without prior notice. To the fullest extent permitted under applicable law, Biosecurity Africa and our respective service providers, NPPO’s and licensors disclaim all representations and warranties of any kind including: (a) all warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the App, its Contents (including Outputs); (b) all warranties relating to delays, interruptions, errors, or omissions in the operations of the App or any part of the App; (c) all warranties relating to the transmission or delivery of the App or its availability at any particular time or location; (d) all warranties relating to the security of the App or that the Contents of the App are free of viruses, worms or other code that may manifest contaminating or destructive properties; (e) all warranties relating to the use, validity, accuracy, currency, completeness, suitability, reliability of the app and its contents; and (f) all warranties, availability or functioning of the mobile device onto where the App has been downloaded.

Limitation of liability: Your use of the App, its contents (including Outputs) is at your sole risk. To the fullest extent permitted by applicable law, Biosecurity Africa and our respective business units, service providers and licensors shall not be liable (whether in contract, negligence, tort, strict liability or otherwise0 for any losses or damages arising out of or in connection with: (a) your access to, use of, or inability to use, the App, its contents (including Outputs) or for your reliance on the Contents (including Outputs): (b) for possible errors or omissions in the Contents (including Outputs). This limitation of liability applies to all losses and damages of any kind, whether direct or indirect, including without limitation, interruption of business, loss of or damage to data, crops or goodwill, and loss of revenue or profits even if Biosecurity Africa knew or should have known of the possibility of such loss. You acknowledge and agree that Biosecurity Africa could not make the App and its Contents available to you at a charge if liability were not limited as above. If any limitations of liability are invalid or unenforceable for any reason, then the aggregate liability of Biosecurity Africa, our other Business units, and our respective service providers and licensors shall not exceed one hundred US dollars ($100.00) or the equivalent amount in local currency.

Governing law and jurisdiction. These Terms & Conditions are governed under the laws of South Africa without regard to its conflicts of law provisions. The high courts of the Province of Mpumalanga shall have exclusive jurisdiction for any claims relating to these Terms & Conditions.

1. Contact Us
   
   

   • If you have any questions, concerns or comments, please contact us at:

   • Crop Watch Africa

   • Mailing Address: PO Box 211 Komatipoort, Mpumalanga, South Africa 1340

   • Telephone No.: 27 (0)82 642 7004

   • E-mail: support@cropwatch.africa

   • Effective Date: June 1, 2018