Acceptable Use Policy

Updated 29 December 2017

Engage School Management Systems (Pty) Ltd, a company registered in South Africa, is a wholly owned subsidiary of Double First Ltd, a company registered in England and Wales, United kingdom.

The websites www.engagesmis.co.za, www.doublefirst.com, https://support.doublefirst.com and other websites from time to time (‘Websites’) are owned and operated by Double First Ltd, and the services offered on and through the Websites and the Engage and Double First systems are offered to you by Double First Ltd (‘Double First’).

Please read this Acceptable Use Policy carefully before using Double First systems or services or the Websites or contracting with Double First through the Websites or otherwise.

You may not use the Websites or their contents or Double First systems or services for any purpose that is unlawful or otherwise prohibited by this Acceptable Use Policy.

1. Acceptance of Acceptable Use Policy

1.1 By accessing any part of the Websites or using Double First systems or services, you shall be deemed to have accepted this Acceptable Use Policy. If you do not accept the terms of this Acceptable Use Policy, you must leave the relevant Website immediately and not use any Double First systems or services.

1.2 Double First reserves the right to change or update this Acceptable Use Policy from time to time. Any revisions to this Acceptable Use Policy will be published on the Websites and any significant changes that affect your rights will be notified to you by email where you have provided your email address to Double First pursuant to a contract with us.

1.3 Additional terms of business and/or terms and conditions apply where you enter into any contract with Double First for Double First goods or services via the Websites or otherwise whereupon these terms and Acceptable Use Policy will form a part of such contract that you have with Double First.

1.4 This Acceptable Use Policy is in addition to our Privacy Policy and Legal Information and we advise that you read these documents carefully since they set out important information regarding your rights and obligations including the consequences of breaching this Acceptable Use Policy.

2. Acceptable Use Policy

2.1 Double First supports the free flow of information and ideas over the internet and does not actively monitor use of the Websites and Double First systems under normal circumstances. However, Double First seeks to balance this aim with Double First’s obligations to other users, third parties and at law. Double First does therefore conduct random checks or investigations from time to time to ascertain compliance with this Acceptable Use Policy and to comply with or investigate any enforcement agency or police request or other complaints. Double First also therefore requires that, in using the Websites and Double First systems or services, you do not:

2.1.1 say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;

2.1.2 advertise or promote third party or your own products or services by way of the distribution of ‘spam’ mail;

2.1.3 use foul, threatening, offensive language, or sexually explicit language;

2.1.4 make insulting remarks to or about other users of the Websites or Double First systems, Double First or third parties;

2.1.5 distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors;

2.1.6 impersonate Double First or another person;

2.1.7 transfer files that contain viruses, trojans or other harmful programs;

2.1.8 use the Websites, Double First systems or services to conduct any fraudulent activity including, without limitation, any ‘pyramid scheme’, ‘ponzi scheme’ or ‘chain letter’;

2.1.9 breach or otherwise fail to comply with relevant licence terms in connection with any hardware or licensed content that you access via the Websites, Double First systems or services;

2.1.10 connect any insecure computer hardware or other machines to the Double First systems which may be exploited by third parties to carry out activities that are in breach of this Acceptable Use Policy; or

2.1.11 access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Websites or Double First’s security measures.

2.1.12 upload any data, sensitive data or highly sensitive data or image thereof that should not be transmitted to, stored or displayed on the Websites.

2.2 Double First may take any or all of the following action at its discretion:

2.2.1 remove any material or data that, in Double First’s sole discretion may be inappropriate or that Double First may suspect to be illegal, may subject Double First to liability, damage Double First’s reputation or which may violate this Acceptable Use Policy or where Double First is required to do so by law;

2.2.2 issue you with verbal or written warnings and take such further action as Double First deems appropriate if such warnings are not heeded;

2.2.3 suspend or terminate your access to any or all of the Websites or Double First systems or services without notice at any time;

2.2.4 inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or

2.2.5 bring legal action against you or any other user in relation to any breach by you or such other user of this Acceptable Use Policy or any illegal or suspected illegal activity. Double First will determine what action is appropriate to be taken against a user on a case by case basis.

2.3 Your breach of this Acceptable Use Policy may also give rise to termination of or further action under any contract you may have with Double First.

2.4 You acknowledge that Double First may be required by law or regulation to access, monitor, store or copy material sent by you or to you or other users without further notice. 2.5 In addition to the obligations set out in Clause 2.1, you agree that in using the Websites, Double First services and systems, you will at all times comply with all relevant laws and regulations.

2.6 You agree to compensate us for any loss or damage that may be caused to Double First (including reasonable legal costs) as a consequence of your breach of any of Clauses 2.1, 2.2, 2.5 and 3.2.

3. Ownership of Intellectual Property Rights

3.1 Your use of the Websites, Double First systems or services grants no rights to you in relation to copyright, trade marks or other of Double First’s intellectual property rights or the intellectual property rights of third parties including Double First’s licensors.

3.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Websites, Double First systems or services except for your own personal, non-commercial use or where Double First expressly gives you a right to do so on a case-by-case basis. Subject to the above, you may download insubstantial excerpts of such content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

4. Registered Company Details

You can write to Engage School Management Systems (Pty) Ltd at its registered address:

4.11 Company Registration Number – 2015/087048/07

4.12 Registered in South Africa

4.13 Registered Address – 2 Fairbairn Street (cnr. O’ Reilly Merry), Rynfield, Benoni, 1501.

You can also write to Double First Ltd at its registered address:

4.21 Company Registration Number – 3491759

4.23 Registered in England and Wales

4.24 Registered Address – Units 3 & 4, Andromeda House, Calleva Park, Aldermaston RG7 8AN, UK.

© Engage School Management Systems (Pty) Ltd. 2017. All rights reserved.