LIGHTHOUSE’S TERMS AND CONDITIONS OF WEBSITE AND APPLICATION USE AND SERVICES
By accessing or using https://www.getlighthouse.app for the Lighthouse Home Protection or the Lighthouse School Protection Service Solutions, or the Lighthouse Application’s, Lighthouse Internet Guardian and Lighthouse Child Safety, any of its related blogs, websites, applications or platforms (collectively, "the Platform"), owned by Lighthouse Technologies Limited (reg: 03846615) ("Lighthouse") or any of its Services, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein ("Terms"), in conjunction with any additional Lighthouse terms particularly applicable to you and the Services you utilise. All rights in and to the content of the Platform remain at all times expressly reserved by Lighthouse.Please see Lighthouse’s distinct sections on Privacy, Intellectual Property(clause 13), and Disclaimers & Indemnities(clause 14 and 15).
Please pay specific attention to the BOLD paragraphs of the Lighthouse Terms. These paragraphs limit the risk or liability of Lighthouse, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Lighthouse or is an acknowledgment of any fact by you.
The Platform and Services are focused around the personal and unique activities of your child/ward. This is extremely sensitive information, and whilst Lighthouse does everything in its control to provide a secure and safe online environment for all users, parents must understand the inherent dangers of using a Service connected to the internet, and the dangers of providing any party with informations relating to their children/ward. By using the Platform/Services, parents and all users explicitly do so voluntarily and using their own expertise and choices. Parents also expressly indemnify Lighthouse from any actions that may result from your use of the Platform and/or Services.
Please read these terms carefully before accessing or using the Platform or Services. Lighthouse will assume you have read and understood these terms should you continue to access or make use of the Platform.It is important to note the following:
The terms "user", "you" and "your" are used interchangeably in these Terms and refer to all persons accessing the Platform or using the Services for any reason whatsoever. Accordingly, the terms "us", "our" or "we" refers to Lighthouse or its possession.
Not all terms are necessarily defined in order.
These terms were last updated on 15 November 2022.
Please take note that the terms for both the Home Protection Service and School Protection Service are detailed below. Please take note of which sections are applicable to which Service being offered.
INTRODUCTION TO THE WEBSITE AND HOME PROTECTION AND SCHOOL PROTECTION SERVICES
Lighthouse provides an online service allowing, amongst other services, parents to control their child’s exposure to selected negative elements of internet content accessed by their child via their child’s or their own mobile device, as well as discover and control what their child is using the internet for on their device, as well as learn about current parenting trends in South Africa and across the world from our hosted articles and multi-media content (as part of the "Home Protection Service"). School-going users can also gain access to the Lighthouse School Protection Service should their attending school be subscribed to the “School Protection Service” which prohibits any user from accessing or using any prohibited sites or content whilst using the participating school’s internet connectivity (collectively, the "Services").
These Terms explain the conditions applicable to how users must make use of the Platform and the core provisions applicable to a user’s use of any Services derived from Lighthouse. Depending on the exact Services used, a user may also need to conclude additional agreements with Lighthouse, which agreements will contain more specific details and/or conditions relating to the exact Service acquired, including exact services and fees to be expected.
In return for using some of the Services available, the user may have to pay a fee to Lighthouse or another third party ("Fee"), but same Fee will be detailed to you on the Platform before you incur such a Fee, or in any further Service-specific agreement you may conclude with Lighthouse or another third party. Please see www.getlighthouse.app
for a breakdown of the Fees.For clarity, school-attending users of the School Protection Service (and their parents) do not pay any fee to Lighthouse, but requires their attending school to pay a fee to Lighthouse for the implementation of the School Protection Service on their school’s infrastructure.
In order to use most of the Services, users must register on the Platform using the prompted methods and submit any required information to create a user Profile.
For the Home Protection Service, parent users must complete all Profile registrations in respect of themselves and on behalf of their user child, where the parent accepts all liability and responsibility in respect of the Services delivered to them and their child, as well as Lighthouse’s processing of the users’ child’s personal data as per our Privacy Policy. For the School Protection Service, school administrators will be responsible for setting up their profiles with Lighthouse when prompted, and parents and their school-attending user children will also need to implement a few simple steps to get their access to the School Protection Service setup.
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 upon Lighthouse uploading the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
All schools procuring the School Protection Service from Lighthouse will also need to conclude a separate Service Level Agreement with Lighthouse, with such agreement containing additional and distinct terms and conditions to this policy.
Unauthorised use of the Platform may give rise to a claim for damages and/or be a criminal offence.
RELATIONSHIP BETWEEN THE PARTIES
For all Services provided, Lighthouse does not have an employment, agent, intermediary, advisory, representative nor broker relationship with any user. Your use of the Platform or the Services is entirely at your own risk and based on your own volition and expertise.
Lighthouse does not provide any regulated financial, advisory, banking nor payment services. As such, the Services are not subject to oversight or regulation by any regulatory authority in South Africa, other than those concerning general consumer rights.
In the context of Service purchases via the Platform, Lighthouse operates as the "seller" of the same Services, and the relevant purchaser of such Services will function as the "buyer", for the purposes of their respective duties and obligations related to those roles under applicable laws.
USER REGISTRATION PROCESS
Home Protection Services
In order to make use of the Services, parent users must complete the necessary registration process detailed on the Platform and acquire a Profile. Each parent user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes. This single Parent Profile can then be used to link various Parent and Child devices, as explained in further detail below. Even with one Profile, parent users can then link their single Profile to multiple children’s accounts.
Lighthouse requires you to submit your full name and email address when registering a Profile. Users may then set up additional features of their Profile, depending on the exact Services acquired, as prompted by the Platform. This additional information may include information about your child, your child’s linked mobile device and/or your selections as to your Profile (e.g. sections relating to permitted sites as per the child’s Profile information).
To protect your privacy and security, the Platform takes reasonable steps to verify your identity by requiring a password together with your provided email address in order to grant access to your Profile and data. To view or change your personal information provided, you can update your information yourself via the Lighthouse app and the prompts provided thereon.
Once a parent user has set up their Profile, they can then follow the relevant prompts on the Platform to link their chosen children’s or other devices to their Profile, and use their Profile to make the offered selections of Services.
By entering your personal information and the personal information of minors on the Platform, you warrant that the person using the Platform is you, the minors’ information you are providing is that of only your children and/or you have the legal authority to act on behalf of a corporate entity and/or your children.
You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone.
Please see Lighthouse’ Privacy Policy regarding more details on how Lighthouse uses and processes your personal information, and the personal information of your children.
School Protection Services
Once a participating school has successfully contracted with Lighthouse for the School Protection Services with a distinct Service Level Agreement between them, Lighthouse will begin the process of installing its proprietary software and other tools onto the relevant school’s infrastructure.
Once this process is completed, the authorised school administrators will be able to access their dashboard and manipulate the various flexible oversight tools available, as well as add further authorised administrators and/or school representatives to also use the School Protection Service
THE SERVICES
For further and exact information on the various Services currently offered by Lighthouse, or those specific to you, please consult the relevant "Safety Features" or "FAQ" pages on the Platform or please contact who will gladly assist.
For general information purposes, and subject to further information relating to these Services made available by Lighthouse on the Platform or elsewhere, the following details some of the exciting offerings which constitute our Services available to users:
Home Protection Service
Manage your child’s exposure to content through setting filter rules
There are four filter rules (settings) ranging from ‘suitable for children of all ages’ through to 'not recommended for kids under 16'. Each filter rule adjusts the level of filtering accordingly, thereby managing the type of content that your child is exposed to.
Add multiple child profiles
Parents can create Service choices for as many children profiles as they want, allowing the parent to select which Services and tools to use for each respective child (keeping in mind our device-linking limits below).
Link multiple devices to each child
Each Lighthouse subscription entitles the Parent user to install the application on no more than 2 (two) Parent devices and 5 (five) Child devices. Each additional Child device will come at a cost of £0.99 GBP per device per month. The total number of additional Child devices that a Parent can purchase is limited to 10 (ten) devices.
View the latest information from leading experts on how to secure and protect your child
Parents can search for and read our up-to-date articles and multimedia content from industry experts in child safety.
Monitor each child’s browsing / content activities
Parents can review each child’s profile and activities on the internet to ascertain what websites and platforms their child has been using via their linked device.
Manage what each child sees through Allowing or Denying access to requested content
Should a child be blocked from viewing a particular website, the child can request of their Parent to unblock the site in question. The url of the website will appear in the child’s request so as for the Parent to see what type of website the child is trying to access. The Parent can then choose to accept or deny their child’s request.
Receive alerts when their child is trying to browse flagged content or is requesting access to specific content
Parents can receive live notifications to their devices when their child is trying to access prohibited websites/platforms, allowing them real-time control of the exposure their child is receiving over the internet.
School Protection Service
Manage the content which may be accessed via your school’s internet used by students and others
Schools can use the School Protection Service to manage and restrict the exact content/sites available via their school internet made available to all students and users of the school’s internet. Schools can therefore block access to certain sites which it prefers and sets, at its own discretion.
Authorised school administrators have the power to continuously manage and change the levels and types of restrictions imposed allowing the school the flexability to change the restrictions whenever it deems it necessary
Whilst schools are notified about infringing content/sites trying to be accessed, the Schools are not provided the exact details of the infringing user, thereby prohibiting the violating content from being accessed without unnecessarily infringing on any user’s right to privacy.
Obtain discounted access to the Home Protection Service
Parents of student end-users of the School Protection Service may also be provided with a promotional code to use when signing up for a Home Protection Service, allowing them discounted rates when procuring the Home Protection Service.
You agree and understand that any information or multi-media content (such as articles or videos) provided to any user on the Platform or as part of the Services, is general in nature and is not specific to any particular user for any specific educational or other unique need of that user. A user is at all times responsible for their own decisions and actions relating to the Platform and Services, where any such information provided by Lighthouse is only ever general in nature.
PAYMENT FOR LIGHTHOUSE SERVICES
To search the Platform and learn more about Lighthouse and/or the Services, it is always free.
To obtain a full record of subscription transactions actioned with Lighthouse, users will need to retrieve this information from within either their Apple (iOS) or Google (Android) accounts, respectively.
Home Protection Service:
The use of the Home Protection Service does attract a Fee to be paid by the user to Lighthouse. Lighthouse will charge the Fee to the user making use of the following Services on the following basis:
Subscription packages to access Services:
In order to acquire a subscription package to access the relevant Services on the Platform, parent users must make application for same subscription using the relevant links and prompts on the Platform and purchase one of the following subscription packages available:
A 7-day Free Trial: Users can sign-up for a 7 (seven) day trial period where the user will have full access to all of the Services on offer, but will not be required to pay any Fee for that period. Once this period has expired, the user is automatically subscribed to either the monthly billing option Service where the first tranche payment for the subscription will be deducted by either Apple in-App Purchase (Apple Inc.) or Google Play In-App Purchase (Google Inc.), depending on the operating system that was used to purchase during the subscription process, or the annual billing option Service where the full annual amount will be deducted upfront by either Apple in-App Purchase (Apple Inc.) or Google Play In-App Purchase (Google Inc.), depending on the operating system that was used to purchase during the subscription process.
Monthly Billing Option: Users can pay their due Fee on a monthly basis, which monthly Fee amount will be£3.99 per month (three pounds and ninety-nine pence). The monthly billing fee will be actioned by automatic debit payment.
Annual Billing Option: Users can pay up front for an entire year’s access to the Services, where the total annual payment will be £39.99 (thirty nine pounds and ninety-nine pence). The annual billing fee will be actioned by automatic debit payment.
Making purchases of the subscription packages on the Platform:
In order to purchase a Service subscription package from the Platform, users must use the relevant links and prompts on the Platform, and pay the package’s listed total purchase price to Lighthouse in order to initiate a contract of sale between the user and Lighthouse.
Please see the terms below for further conditions applicable to the sale of packages via the Platform.
For all payments actioned via us and our authorised gateways, a tax invoice or receipt will be issued to the relevant user by either Apple in-App Purchase (Apple Inc.) or Google Play In-App Purchase (Google Inc.), depending on the operating system that was used to purchase during the subscription process.
All payments of the Fee can be made by using our authorised payment gateways Apple in-App Purchase (Apple Inc.) or Google Play In-App Purchase (Google Inc.).
All advertised Fees for packages shall be inclusive of Value Added Tax ("VAT") and any other applicable taxes/fees, unless otherwise stated and required by law. Any such additional charges and VAT which will apply to a particular transaction, will be clearly indicated to you upon checking-out.
School Protection Service:
Students and the parents thereof do not pay any Fee to Lighthouse for their use of the School Protection service.
Schools using the School Protection Service do however pay a Fee to Lighthouse for the use of the School Protection Service, where the exact Fee for same will be detailed and confirmed in the distinct Service Level Agreement concluded between them.
ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR LIGHTHOUSE SERVICES
The following are particular conditions, restrictions, rights and/or duties associated to the specific Services we offer.
Accessing multi-media content and articles posted by third parties on the Platform:
Whilst Lighthouse carefully selects and curates all multi-media content before it is made available on the Platform, Lighthouse will not be liable for any content, information or opinion provided via the Platform pursuant to the sharing of multi-media content to users.
Such multi-media content is also provided "as is" where Lighthouse disclaims itself of all liability for the accuracy or correctness of any such content shared via the Platform.
Purchase Service packages on our Platform:
The following terms apply to the purchase of any products from Lighthouse via the Platform (specifically the Home Protection Service):
Conclusion of sale
NOTE: Apple/Google (as payment gateway providers) will indicate the acceptance of your order by allowing you full access and use of the Services on the Platform, and only at that point will an agreement of sale between you and Lighthouse come into effect (the "Sale"). This is regardless of any communication from Apple/Google stating that your package order or payment has been confirmed. Google/Apple will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Lighthouse shall take all reasonable efforts to accurately reflect the description, availability, composition, included Services and Fee of our Service packages on the Platform. However, should there be any errors of whatsoever nature on the Platform (which are not due to our gross negligence nor fraud), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid (which we do not do, but rather Google/Apple does), or otherwise as set out in the Cancellation and Refunds provision below.
The user must pay the full price of their chosen Service package in order to obtain the linked Services.
Cancellations and Refunds
Ordinarily, we do not issue refunds for Fee payments already actioned and completed. This is because all users must make use of the Free 7-day trial Service package option to test the Services and Platform and to judge for themselves whether they indeed wish to continue to use the Services as exactly what they want, under the paid Fee packages context. Accordingly, any use of the Services beyond the Free 7-day trial period is reasonably assumed to be the Service exactly intended and desired by the user, whereafter the user cannot claim that the Services do not provide the standard or quality they were expecting, unless the Services, or quality thereof, materially change from the time the user used the Free 7-day trial Service package option to the time they subscribe to a paid Service package option (with the onus on the user to prove same deviation of quality).
Users are entitled to refunds and/or cancellations of the Service/s from Google/Apple only in accordance with applicable legislation and in accordance with Apple/Google’s terms on refunds (see Here). If a user has a need for a cancellation or refund of the Services, users must contact Google/Apple directly who will gladly engage you on the exact process.
All refunds will be actioned by Apple and/or Google as the facilitator of the Fee payments.
Cancellation or refunds relating to the School Protection Services offered are detailed in the distinct Service Level Agreement concluded between the relevant school and Lighthouse.
Linking more than the free-allocation of devices to an account
A parent can link up to 5 (five) devices to their account for free.
Additional devices are charged at £0.99 (ninety-nine pence) per additional device linked. The total number of additional Child devices that a Parent can purchase is limited to 10 (ten) devices.
USER RESPONSIBILITIES AND WARRANTIES
By using the Platform and/or the Services, you warrant that:
you have read and agreed to these Terms and will use the Platform and Services in accordance with them
you understand and agree that Lighthouse is not a regulated financial, advisory, educational, banking nor payments service provider and you take all responsibility for the decisions you make via the Platform and/or Services;
you have not made any misrepresentations and the information provided in the registration process about you, your company and/or your status is true, accurate and complete in every aspect;
you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms, as well as be liable for all use of the Website and/or Services by your child or ward;
you lawfully possess and submit all information to the Platform and/or Lighthouse for the use of it or the Services;
you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform;
you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;
you are not considered a United Nations "Specially Designated National" and/or on the United Nation’s “Blocked Persons List” and/or are not confirmed by any government or other national authority to be a person or entity who has any restrictions on their capacity to contract/trade freely and/or internationally, for whatever reason;
you understand that when using the services of any third party connected to the Services/Platform that they may have their own terms and conditions of service for their services provided to you, and that you may be simultaneously bound by them (such as using the payment services of Apple in-App Purchase (Apple Inc.) or Google Play In-App Purchase (Google Inc.);
you will not infringe the intellectual property or other rights of any third party or the Platform or transmit content that the user does not own or does not have the right to publish or distribute;
you will never provide us with any Special Categories of personal data (as defined by the GDPR) nor provide us with any personal data of a minor;
you will pay any due and payable Fee to Lighthouse timeously and as required;
you will not use the Platform for any commercial purpose other than as expressly provided for by Lighthouse herein;
you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
you will not facilitate or assist any third party to do any of the above;
failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing Lighthouse to manifest all of its rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority, demanding specific performance and/or suing you for damages.
The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Platform. The network’s data and messaging rates and fees may apply if you use the Platform and you shall be responsible for such rates and fees.
Without prejudice to any of Lighthouse’ other rights (whether at law or otherwise), Lighthouse reserves the right to deny you access to the Platform or the Services where Lighthouse believes (in its reasonable discretion) that you are in breach of any of these Terms.
Lighthouse does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.
USERS FROM FOREIGN COUNTRIES
The Platform and the Services are provided in adherence with the laws of South Africa, the United Kingdom, Wales and the European Union only.
Access and use of the Platform and/or Services in your country of access may be illegal. It is therefore recommended that you ensure that your use of the Platform/Services is not in violation of the laws of any country by which you may be governed.
KYC AND AML REQUIREMENTS
A user’s ability to make use of various parts of the Platform or particular Services, may be regulated by applicable know-your-customer ("KYC") and/or anti-money laundering ("AML") laws and the respective rules and regulations.
Lighthouse may, at various times and depending on a range of factors in its sole discretion, including the amount of a transaction actioned and/or the exact nature of the user, require that a user submit certain information to Lighthouse in order for the user to be verified as not infringing any of Lighthouse’s KYC and/or AML requirements and/or local or foreign laws. This information may include identity documents, passport documents and/or bank account information. Lighthouse reserves the right to limit or terminate a user’s access and use of the Services should the user fail to adhere to these requirements to the standard required by Lighthouse. Lighthouse also reserves the right to share this information with any legal authority when required under applicable laws.
Lighthouse may restrict user transactions that may violate laws or Lighthouse’s internal KYC or AML conditions herein and as updated from time to time.
RECEIPT AND TRANSMISSION OF DATA MESSAGES
Data messages, including email messages, sent by you to Lighthouse will be considered to be received only when acknowledged or responded to.
Data messages sent by Lighthouse to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
Lighthouse reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Lighthouse is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from Lighthouse to a user, between users or from a user to Lighthouse.
HYPERLINKS, DEEP LINKS, FRAMING
The Lighthouse Platform may include links to other internet sites ("
the other sites
"). Lighthouse does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
Lighthouse does not purport to own the content on other sites which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please write to dpo@lighthousetechnologies.io to request the removal of such content.
The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third-party operator of the other sites.
ADVERTISING AND SPONSORSHIP
The Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Platform complies with all applicable laws and regulations.
Lighthouse, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
For clarity, we will never transfer, sell nor advertise your data to any un-contracted third party or party not within the Warthog company group. Please see our Privacy Policy for more information on exactly how we process your data and/or share it with only contracted and necessary parties/divisions
INTELLECTUAL PROPERTY PROTECTION
All website layout, website content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks designs, copyright and/or service marks, together with the underlying software code and everything submitted by a user to the Platform and Lighthouse in use of the Services, ("
the intellectual property"
) are owned (or co-owned or licenced, as the case may be) by Lighthouse, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
For clarity, all rights to any intellectual property provided by a user to the Platform will remain with the user, but for which the user has provided Lighthouse with a non-exclusive, non-transferable licence to use such user intellectual property as Lighthouse deems fit on the Platform and/or in advertising, for as long as the user remains registered on the Platform.
Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform are expressly reserved.
You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Platform or the underlying software code whether in whole or in part, without the written consent of Lighthouse first being granted, which consent may be refused at the discretion of Lighthouse. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, Lighthouse and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
Lighthouse reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Platform, including that of a user in their Profile, or to suspend or terminate the Platform, at any time without notice; provided that any transactions or functions already concluded through the Platform, will not be affected by such suspension or termination (as the case may be).
Where any of the Platform intellectual property has been licensed to Lighthouse or belongs to any third party, other than that which has been submitted by a user to the Platform in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
Subject to adherence to the Terms, Lighthouse grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Platform on any machine which the user is the primary user. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of Lighthouse.
Any enquiries regarding any of the above relating to intellectual property must be directed to Lighthouse at dpo@lighthousetechnologies.io
.
DISCLAIMERS AND WARRANTIES
The Platform and Services, including any intellectual property appearing therein, are provided "as is" and "as available". Lighthouse makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Platform, the Services or the information contained in it.
All information or opinions of users made available on the Platform in relation to any of the Services are those of the authors and not Lighthouse. While Lighthouse makes every reasonable effort to present such information accurately and reliably on the Platform, Lighthouse does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Platform.
Lighthouse, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Platform and/or transactions or actions resulting therefrom or from the Services offered, including the information about any particular user.
Lighthouse, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Platform in any manner.
Lighthouse, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from a school end-user’s inability to use their school’s internet due to the imposition of the School Protection Service which results in the end-user’s inability to access particular aspects of the internet or sites thereon.
Lighthouse takes reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform. However, Lighthouse does 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. The user’s access to and use of the Platform remains solely at the user’s own risk and the user should take their own precautions accordingly.
INDEMNITIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THE USER INDEMNIFIES AND HOLDS HARMLESS LIGHTHOUSE, ITS SHAREHOLDERS, EMPLOYEES, AND PARTNERS FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS’ FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USER’S BREACH OF THESE TERMS, THE USER’S OR THIRD-PARTY’S USE OF THE PLATFORM AND/OR SERVICES OFFERED OR CONCLUDED THROUGH THE PLATFORM IN ANY WAY.
This clause will survive termination of this agreement.
COMPANY INFORMATION
Site owner: Lighthouse Technologies Limited
Legal status: Limited Company (LC), London
Registration number: 03846615
Director: Neil Chesterton
Description of main business: Online platform as a service
Telephone number: +44 (0)20 3819 8600
Email address: dpo@lighthousetechnologies.io
Platform address: 29 Craven Street, London WC2N 5NT
Physical address: 29 Craven Street, London WC2N 5NT
Postal address: 29 Craven Street, London WC2N 5NT
Registered address: 29 Craven Street, London WC2N 5NT
DISPUTE RESOLUTION AND GOVERNING LAW
The user’s access and/or use of the Platform and/or Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa, the United Kingdom, Wales and the European Union only.
Should any dispute, disagreement or claim arise between a user and Lighthouse concerning the use of the Platform or the Services, these parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
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 industry expert who shall mediate the discussions between them in order to find a mutually beneficial solution.
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 Lighthouse. Arbitration proceedings shall be conducted in Cape Town in English.
Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. 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.
TERMINATION OF USE OF WEBSITE OR SERVICES
Home Protection:
IN ADDITION TO ITS OTHER RIGHTS HEREIN, LIGHTHOUSE RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND USE OF THE WEBSITE AND/OR SERVICES IF YOU BREACH ANY OF THE TERMS, OR
FOR ANY OTHER REASON IN ITS SOLE DISCRETION
PROVIDED THAT LIGHTHOUSE GIVES REASONABLE NOTICE TO YOU.
If you wish to terminate the agreement with Lighthouse, or end your use of the Services, you may do so by deregistering your Profile with the Platform and discontinuing your use of the Platform/Services.
Such deregistration from the Platform will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which the parties may have at the time of said termination with the Platform. All refunds in such circumstances are handled in accordance with the Cancellation and Refund provisions above.
School Protection:
Termination of the School Protection Service must be performed in accordance with the termination provisions and requirements contained in the Service Level Agreement concluded between Lighthouse and the relevant school.
NOTICES AND SERVICE ADDRESS
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 Lighthouse, at 29 Craven Street, London WC2N 5NT; or
in the case of the user, at the e-mail and addresses provided by the user to Lighthouse in the registration process and/or in their Profile.
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 7 (seven) days after service of the notice in question.
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.
GENERAL
This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 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.
No indulgence, leniency or extension of time granted by Lighthouse shall constitute a waiver of any of Lighthouse’ rights under these Terms and, accordingly, Lighthouse shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
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.
The headings to the paragraphs in the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
The user’s access and/or use of the Platform and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Should you have any complaints or queries, kindly address an email to Lighthouse at
support@getlighthouse.app of same.
In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Lighthouse in relation to the payment failure or breach.
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.
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 20.8.