1. Agreement to Terms
Welcome to SmartTwigga. These Terms of Service ("Terms") govern your access to and use of the SmartTwigga mobile application, web platform, and related services (collectively, the "Service") operated by SmartTwigga (Pty) Ltd ("Company", "we", "us", or "our").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
2. Description of Service
SmartTwigga is a school communication platform that enables:
- Schools to communicate with parents and learners
- Distribution of announcements, timetables, and school calendars
- Management of school events and activities
- Cashless tuck shop payment system (where available)
- Other educational communication features
3. User Accounts
3.1 Account Creation
To use certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
3.2 Account Types
The Service supports different account types including:
- School Administrator Accounts: For school staff managing the platform
- Teacher Accounts: For educators communicating with parents
- Parent/Guardian Accounts: For parents accessing school information
- Learner Accounts: For students (where applicable and age-appropriate)
4. Acceptable Use
You agree NOT to use the Service to:
- Violate any applicable laws or regulations
- Infringe on the rights of others
- Send spam, unsolicited messages, or harassing content
- Upload malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to systems
- Collect user information without consent
- Impersonate others or misrepresent your affiliation
- Share inappropriate, offensive, or harmful content
- Use the Service for commercial purposes not authorized by us
5. School Responsibilities
Schools using the Service agree to:
- Ensure compliance with applicable education and data protection laws
- Obtain necessary consents from parents/guardians for minors
- Maintain accurate learner and parent records
- Use the platform for legitimate educational purposes only
- Properly manage administrator access and permissions
- Promptly report any security concerns or breaches
6. Tuck Shop and Wallet Services
Where cashless tuck shop features are available:
- Parents are responsible for managing wallet balances
- Funds loaded are non-refundable except as required by law
- Transaction records will be maintained and accessible
- Schools are responsible for proper management of tuck shop operations
- We are not liable for products or services purchased through the tuck shop
7. Intellectual Property
The Service and its original content, features, and functionality are owned by SmartTwigga and are protected by international copyright, trademark, and other intellectual property laws.
You retain ownership of content you submit but grant us a license to use, store, and display such content as necessary to provide the Service.
8. Privacy
Your use of the Service is also governed by our Privacy Policy. Please review it to understand our practices regarding personal information.
9. Payment Terms
9.1 Subscription Fees
Schools agree to pay applicable subscription fees as per the selected plan. Fees are:
- Billed monthly or annually as agreed
- Non-refundable unless otherwise specified
- Subject to change with 30 days notice
9.2 Free Trial and Promotions
We may offer free trials or promotional periods. Terms of such offers will be communicated separately.
10. Termination
We may terminate or suspend your account and access to the Service:
- Immediately for violation of these Terms
- With 30 days notice for any other reason
- Immediately if required by law
Upon termination, your right to use the Service ceases immediately. We may retain certain data as required by law or legitimate business purposes.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:
- The Service will be uninterrupted or error-free
- Defects will be corrected
- The Service is free of viruses or harmful components
- The results of using the Service will meet your requirements
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTTWIGGA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, data, or goodwill
- Service interruption or computer damage
- Cost of substitute services
- Any damages exceeding the fees paid in the past 12 months
13. Indemnification
You agree to indemnify and hold harmless SmartTwigga, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of others
- Content you submit through the Service
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes by:
- Posting the updated Terms on our website
- Sending notification through the app or email
- Updating the "Last Updated" date
Continued use of the Service after changes constitutes acceptance of the new Terms.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law provisions.
Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
16. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and SmartTwigga
- Severability: If any provision is found unenforceable, the remaining provisions remain in effect
- Waiver: Failure to enforce any right does not constitute a waiver
- Assignment: You may not assign your rights without our consent