terms of Use – Vive Teens Application

Revision Date; 23 June 2021

By requesting access, subscribing, registering and/or using the Vive Teens Application (the “Application”), you are bound to these Terms of Use and confirm that you have obtained consent from a parent or guardian to utilise the Application. The aforementioned consent allows Vive Teen Wellness (Pty) Ltd (“Vive Teens”) to CONFIDENTIALLY process your Personal Information in accordance with the Vive Teens Privacy Policy, a copy of which can be obtained at www.viveyou.com. If you are a prohibited user (see below), act in breach of these Terms of Use or do not agree to these Terms of Use, then you are not allowed to use the Application and should immediately terminate such usage.

In the Republic of South Africa, Vive Teens is operated by Vive Teens Wellness (Pty) Ltd, a limited liability private company registered in the Republic of South Africa. Vive Teens forms part of the Cortex Group of Companies and is the entity within the Cortex Group of Companies that is providing this Application and is referred to in these Terms of Use as “we”, “us”, or “our”. Although parts of these Terms of Use may reference other entities in the Cortex Group of Companies, these Terms of Use are strictly between you and us and not with any of those other entities.

THE APPLICATION (INCLUDING WITHOUT LIMITATION ANY CONTENT OR OTHER PART THEREOF) AND USE THEREOF IS FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES ONLY. WHILE OUR GOAL IS TO PROVIDE COMPREHENSIVE, UP TO DATE INFORMATION AND CONTENT ON TEEN HEALTH AND WELLNESS RELATED MATTERS AND ISSUES WHICH MAY AFFECT TEENS, WE CANNOT AND DO NOT PROVIDE HEALTH AND WELLNESS ADVISE ON THE APPLICATION OR SEND A PERSONAL REPLY TO HEALTH OR WELLNESS RELATED QUERIES OR QUESTIONS. IF YOU DO HAVE A QUERY OR QUESTION ON A HEALTH OR WELLNESS RELATED ISSUE AND BEFORE MAKING ANY DECISION OR TAKING ANY ACTION FROM OR BASED ON ANY INFORMATION CONTAINED ON THIS APPLICATION THAT MIGHT AFFECT YOU, YOU SHOULD, AND WE RECOMMEND AND ENCOURAGE THAT YOU SPEAK TO A QUALIFIED AND REGISTERED HEALTH PROFESSIONAL AT THE TALKING POINT (VIA TEXT MESSAGE, VOICE OR VIDEO CALL TO BE FOUND UNDER THE APPLICATION’S CHAT OPTION) OR ALTERNATIVELY A QUALIFIED AND REGISTERED MEDICAL OR HEALTH PROFESSIONAL IN YOUR AREA, OR A TRUSTED ADULT, PARENT, TEACHER OR GUIDANCE COUNSELLOR.

The content in the Application may include either content curated utilising smart technology (artificial intelligence) and/or content specifically created for the use in the Application. The content curated using smart technology is third party content and are not actively reviewed, although we do attempt to ensure that such third party content is derived from authentic sources. The content specifically created for the use in the Application is reviewed by a team of professionals with expertise across a various fields, which may include registered health professionals, qualified legal professionals, guidance counsellors and media and publication experts. Find out more about the members of the Vive Teens Review Board on our Application at www.viveyou.com.

  1. ACCEPTABLE USE AND PRIVACY STATEMENT

1.1. Unless otherwise indicated in the relevant content, and on the condition that you comply with all of your obligations under these Terms of Use, you are authorised to view, copy, print, and distribute (but not modify) the content on this Application; provided that (i) such use is in accordance with these Terms of Use, (ii) for personal, informational and non-commercial purposes only, and (iii) any copy of the content that you make must include the copyright notice or other attribution associated with the content.

1.2. You acknowledge that we may use your personal information and data according to our Privacy Policy (as may be amended from time-to-time), a copy of which can be found at www.viveyou.com or be requested from Vive Teens. By requesting access, subscribing, registering and/or using the Application, you agree to the terms of our Privacy Policy, including any obligations imposed on you therein.

  1. PROHIBITED ACTIVITIES

You agree not to engage in any of the following prohibited activities on or in relation to the Application, or allow any person to use your account with us to do the same and you will comply with all applicable laws in accessing and using this Application:

2.1. impersonate any person or misrepresent your affiliation with any person or entity in registering an account (including by creating a misrepresentative account name or accessing another user’s account) or in making any communications or sharing or publishing any content or information using the Application;

2.2. make any fraudulent, false, deceptive, undue, prank, fake, hoax, misleading or misrepresented call (either by way of text message, voice call and/or video call) via the helpline as contained on and provided as part of the functionality of the Application;

2.3. make any fraudulent, false, deceptive, undue, prank, fake, hoax, misleading or misrepresented communication or comment on the chat bot as contained on and provided as part of the functionality of the Application;

2.4. name squat via your account name in a way that infringes any third party’s intellectual property rights or other rights;

2.5. send any unsolicited, unauthorised spam (such as spam comments in our social media services), advertising or promotional messages;

2.6. use the Application for any commercial purpose (including commercial communications) or for the benefit of any third party, except as expressly permitted by us in writing from time to time;

2.7. submit, upload, transmit or display, through Application, any content (whether displayed publicly or not, and whether displayed directly or indirectly to any other users) which in fact or in our reasonable opinion:

2.7.1. breaches any laws or regulations (or may result in a breach of any laws or regulations when used in a manner permitted by the Application Terms of Service);
2.7.2. creates a risk of loss or damage to the Application, any person or property;
2.7.3. is fraudulent, false, misleading or deceptive;
2.7.4. harms or exploits any person (whether adult or minor) in any way, including via bullying, harassment or threats of violence;
2.7.5. is hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating to other people (publicly or otherwise), threatening, profane or otherwise objectionable;
2.7.6. promotes or encourages self-harming;
2.7.7. infringes our rights or any third party’s rights, including any intellectual property rights, contractual rights, confidentiality rights or privacy rights;
2.7.8. is pornographic, sexually explicit, violent or otherwise of a mature nature; or
2.7.9. encourages or is likely to encourage any of the above;

2.8. violate any applicable laws or regulations, including credit card fraud or bank account fraud;

2.9. copy or use any software, proprietary processes, or technology embodied or described in the Application;

2.10. engage in any illegal or potentially illegal (as determined by us) activities or transactions, including sale of any illicit drugs or money laundering;

2.11. gamble, provide gambling information or entice others to engage in gambling through any method;

2.12. use or exploit any of our intellectual property rights (including our trademarks, brand name, logo, any other of our proprietary information or the layout or design of any page), or otherwise infringe on any of our intellectual property rights (including attempting to reverse engineer any applications or software used to access Application);

2.13. access any of Application, collect or process any content made available through Application, send or redirect any communications through Application, in each case, through the use of any automated bots, software, engines, crawlers, scrapers, data mining tools or the like, or attempt to do any of the foregoing;

2.14. engage in any “framing,” “mirroring,” or other techniques directed at simulating the appearance or function of Application;

2.15. interfere with, or attempt to interfere with, any user’s or any other party’s access to Application;

2.16. intentionally distribute viruses, worms, trojan horses, corrupted files or other malicious code or items;

2.17. share or publish any other person’s personally identifiable information using Application without their express consent;

2.18. probe or test the vulnerability of, or otherwise circumvent (or attempt to circumvent) any security features on, Application, our systems or the systems of other users;

2.19. decompile, reverse compile or reverse engineer any of Application Software, or seek to do any of the foregoing, except to the extent that applicable laws and regulations do not allow us to prevent you from doing this;

2.20. create multiple accounts for disruptive or abusive purposes;

2.21. engage in any other activity that encourages any person or entity to breach these Terms of Use; or

2.22. use Application in any manner or for any purpose which breaches these Terms of Use.

  1. RESTRICTIONS ON YOUR USE OF THE APPLICATION

You may not, nor may you permit any other person to (except where we expressly permit you to do so):

3.1. sub-license, rent, lease or sell the Application;

3.2. use the Application to gain unauthorised access to any system, account or data;

3.3. directly or indirectly charge others for use or access to the Application;

3.4. directly or indirectly suggest our support or endorsement of any product, service or content (including any personal application);

3.5. make the Application publicly available or available on any network for copying, download or use by any person or persons;

3.6. remove, obscure or modify any copyright, trademark or other proprietary rights, notice, marks or indications found in or on the Application;

3.7. misrepresent the source or ownership of the Application;

3.8. copy, reproduce, adapt, modify, translate or create derivate works from the Application, lend, hire, rent, perform, sub-license, make available to the public, broadcast, distribute, transmit or otherwise use any licensed item or proprietary information in whole or in part, or attempt to do any of the foregoing;

3.9. attempt to disrupt or interfere with Application software including manipulating the legitimate operation of the Application;

3.10. use cheats, exploits, automation software or any unauthorised third party software designed to modify or interfere with the Application;

3.11. disrupt or overburden any computer or server used to offer or support Application software, or other users’ use of the Application; or

3.12. develop any plug-ins, external components, compatibles or interconnection elements or other technology that inter-operate with the Application.

Please note: there may be technological measures in the Application software that are designed to prevent unlicensed or unauthorised use of the Application or use of the Application in breach of these Terms of Use. You agree that we may use these measures and that you will not seek to disable or circumvent them in any way.

  1. PROHIBITED USERS

You may not register for or use Application if:

4.1. if you are a minor and Vive Teen have not obtained parental or guardian consent on your behalf; or

4.2. you have been convicted of any child abuse offence or sex offence;

4.3. we have previously terminated your account and advised you that you may no longer use the Application or any of our other services.

  1. INTELLECTUAL PROPERTY RIGHTS AND NO USE OF NAMES OR LOGOS

5.1. Unless otherwise indicated, the content on this Application is provided by us. This Application and its contents are protected by copyright, trademark, and other laws of the Republic of South Africa and/or foreign countries. We and our licensors reserve all rights not expressly granted in these Terms of Use.

5.2. “Vive Teens”, “Vive Teens Wellness”, the Vive Teens logo(s), and variants of the foregoing, and certain product names that appear on this Application, including the APPLICATION address www.vieyou.com and the name “viveyou”, are the intellectual property of Vive Teens and proprietarty in nature, either in the process of being registered as trademarks, are trademarks or are registered trademarks of Vive Teens or entities within the Cortex Group of Companies (the “trademarks”). Except as expressly provided in these Terms of Use, you shall not use the name “Vive Teens”, “Vive Teens Wellness”, the Vive Teens logo(s), or variants of the foregoing trademarks, either alone or in combination with other words or design elements. You may not use any of the trademarks in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual or any other form, except if expressly permitted in writing by Vive Teens or its designee. To request this written permission, use the contact us feature on this Application.

5.3. References to other parties’ intellectual property or proprietary information on this Application are for identification purposes only and do not indicate that such parties have approved this Application or any of its contents. These Terms of Use do not grant you any right to use intellectual property or proprietary information of other parties.

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY

6.1. THE APPLICATION (INCLUDING WITHOUT LIMITATION ANY CONTENT OR OTHER PART THEREOF) AND USE THEREOF IS FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES ONLY. WHILE OUR GOAL IS TO PROVIDE COMPREHENSIVE, UP TO DATE INFORMATION AND CONTENT ON TEEN HEALTH AND WELLNESS RELATED MATTERS AND ISSUES WHICH MAY AFFECT TEENS, WE CANNOT AND DO NOT PROVIDE HEALTH AND WELLNESS ADVISE ON THE APPLICATION OR SEND A PERSONAL REPLY TO HEALTH OR WELLNESS RELATED QUERIES OR QUESTIONS. IF YOU DO HAVE A QUERY OR QUESTION ON A HEALTH OR WELLNESS RELATED ISSUE AND BEFORE MAKING ANY DECISION OR TAKING ANY ACTION FROM OR BASED ON ANY INFORMATION CONTAINED ON THIS APPLICATION THAT MIGHT AFFECT YOU, YOU SHOULD, AND WE RECOMMEND AND ENCOURAGE THAT YOU SPEAK TO A QUALIFIED AND REGISTERED HEALTH PROFESSIONAL AT THE TALKING POINT (VIA TEXT MESSAGE, VOICE OR VIDEO CALL TO BE FOUND UNDER THE APPLICATION’S CHAT OPTION) OR ALTERNATIVELY A QUALIFIED AND REGISTERED MEDICAL OR HEALTH PROFESSIONAL IN YOUR AREA, OR A TRUSTED ADULT, PARENT, TEACHER OR GUIDANCE COUNSELLOR.

6.2. THIS APPLICATION AND THE CONENT THEREON IS PROVIDED “AS IS” OR “VOETSTOOTS”, AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS APPLICATION WILL BE SECURE, ERROR-FREE, FREE FROM VIRUSES OR MALICIOUS CODE, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY.

6.3. YOUR USE OF THIS APPLICATION IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, DELICT / TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO OR ARISING OUT OF THE USE OF THIS APPLICATION, EVEN IF WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.

6.4. CERTAIN LINKS ON THIS APPLICATION MAY LEAD TO APPLICATIONS, RESOURCES OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL, INCLUDING, WITHOUT LIMITATION, THOSE MAINTAINED BY OTHER ENTITIES WITHIN THE CORTEX GROUP OF COMPANIES OR INDIVIDUAL PERSONNEL OF SUCH ENTITIES. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH APPLICATIONS, RESOURCES AND TOOLS, AND LINKS TO ANY SUCH APPLICATIONS, RESOURCES AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US.

6.5. THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE APPLICABLE NOT ONLY TO US BUT ALSO TO EACH OTHER ENTITY WITHIN THE CORTEX GROUP OF COMPANIES AND TO OUR AND THEIR RESPECTIVE PERSONNEL AND CONTRACTORS.

6.6. THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, DELICT/TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.

  1. APPLICABLE LAW
    These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa in respect of any disputes arising in connection with this Application.

  2. ADDITIONAL TERMS

8.1. If any portion of these Terms of Use is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law in order to effect its intent as nearly as possible, and the remainder of these Terms of Use shall remain in full force and effect, and (ii) in every other jurisdiction, all of these Terms of Use shall remain in full force and effect.

8.2. We may revise these Terms of Use at any time in our sole discretion by posting such revised Terms of Use at the Terms of Use link (i.e. on this webpage that you are currently viewing) or elsewhere in this Application. Such revisions shall be effective as to you upon posting, unless explicitly stated by us. It is your responsibility to be aware of any such revised Terms of Use by checking this webpage. Your continued use of this Application following changes to these Terms of Use constitutes your agreement to the revised Terms of Use.