EULA Agreement

End-User License Agreement

Updated at 2021-11-12
Help My Child hereby grants you access to www.helpmychild.co.za (“the Website”) and invites you to purchase the services
offered here.

Definitions and key terms

To help explain things as clearly as possible in this Eula, every time any of these terms are referenced, are strictly defined as:
● Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser,
provide analytics, remember information about you such as your language preference or login information.
● Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Help My Child PTY LTD, 15 Roux Street,
Somerset West, 7130 that is responsible for your information under this Eula.
● Country: where Help My Child or the owners/founders of Help My Child are based, in this case is South Africa
● Service: refers to the service provided by Help My Child as described in the relative terms (if available) and on this
platform.
● Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide
our content or whose products or services we think may interest you.
● Website: Help My Child.”’s” site, which can be accessed via this URL: www.helpmychild.co.za
● You: a person or entity that is registered with Help My Child to use the Services.

Introduction

This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”,“you” or “your”) and Help
My Child PTY LTD (“Company”, “we”, “us” or “our”). This Agreement governs the relationship between you and us, and your use
of the Company Help My Child. Throughout this Agreement, End User and Company may each be referred to as a “Party” or
collectively, the “Parties”.
If you are using the website on behalf of your employer or other entity (an “Organisation”) for whose benefit you utilise the
website or who owns or otherwise controls the means through which you utilise or access the website, then the terms “End
User”, “you”, and “your” shall apply collectively to you as an individual and to the Organisation. If you use, or purchase a license
or to, the website on behalf of an Organisation, you hereby acknowledge, warrant, and covenant that you have the authority to
1) purchase a license to the website on behalf of the Organisation; 2) bind the Organisation to the terms of this Agreement.
By downloading, installing, accessing, or using the website you: (a) affirm that you have all of the necessary permissions and
authorisations to access and use the website; (b) if you are using the website pursuant to a license purchased by an
organisation, that you are authorised by that organisation to access and use the website(c) acknowledge that you have read
and that you understand this agreement; (d) represent that you are of sound mind and of legal age (18 years of age or older) to
enter into a binding agreement; and (e) accept and agree to be legally bound by the terms and conditions of this agreement.
If you do not agree to these terms, do not download, install, access, or use the software. if you have already downloaded the
software, delete it from your computing device.
The Application is licensed, not sold, to you by Help My Child for use strictly in accordance with the terms of this Agreement.

License

Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement, Help My Child grants
you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:
(a) download, install and use the Software on one (1) Computing Device per single user license that you have purchased and
been granted. If you have multiple Computer Devices in which you wish to use the Software, you agree to acquire a license for
the number of devices you intend to use;
(b) access, view, and use on such Computing Device the End User Provided Materials made available in or otherwise
accessible through the Software, strictly in accordance with this Agreement, and any other terms and conditions applicable to
such End User Provided Materials;
(c) install and use the trial version of the Software on any number of Computing Devices for a trial period of fifteen (15) unique
days after installation.
(d) receive updates and new features that become available during the one (1) year period from the date on which you
purchased the license to the Software.

Restrictions

You agree not to, and you will not permit others to:
● License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the
Application or make the Application available to any third party.
● Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
● Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Help My Child or its
affiliates, partners, suppliers or the licensors of the Application.

Intellectual Property

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not),
trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos,
corporate names and domain names, together with all of the good will associated there with, derivative works and all other rights
(collectively, “Intellectual Property Rights”) that are part of the Software that are otherwise owned by Help My Child shall always
remain the exclusive property of Help My Child (or of its suppliers or licensors, if and when applicable). Nothing in this
Agreement grants you (or any Organisation) a license to Help My Child.”’s” Intellectual Property Rights.
You agree that this is Agreement conveys a limited license to use Help My Child.”’s” Intellectual Property Rights, solely as part
of the Software (and not independently of it), and only for the effective Term of the license granted to you hereunder.
Accordingly, your use of any of Help My Child.”’s” Intellectual Property Rights independently of the Software or outside the
scope of this Agreement shall be considered an infringement of Help My Child.”’s” Intellectual Property Rights. This shall not
limit, however, any claim Help My Child may have for a breach of contract in the event you breach a term or condition of this
Agreement. You shall use the highest standard of care to safeguard all Software (including all copies thereof) from infringement,
misappropriation, theft, misuse or unauthorised access. Except as expressly granted in this Agreement, Help My Child reserves
and shall retain all rights, title, and interest in the Software, including all copyrights and copyrightable subject matter, trademarks
and trademark able subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights,
registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating to the thereto.
You (or the Organisation, if and as applicable) shall retain ownership of all Intellectual Property Rights in and to the work
products that you create through or with the assistance of the Software.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Help My Child
with respect to the Application shall remain the sole and exclusive property of Help My Child.
Help My Child shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without
any credit or any compensation to you.

Modifications to Application

Help My Child reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to
which it connects, with or without notice and without liability to you.

Updates to Application

Help My Child may from time to time provide enhancements or improvements to the features/ functionality of the Application,
which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Help My Child has no
obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the
Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms
and conditions of this Agreement.

Term and Termination

This Agreement shall remain in effect until terminated by you or Help My Child.
Help My Child may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or
without prior notice.
This Agreement will terminate immediately, without prior notice from Help My Child, in the event that you fail to comply with any
provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your
computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your
computer.
Termination of this Agreement will not limit any of Help My Child.”’s” rights or remedies at law or in equity in case of breach by
you (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify, defend and hold harmless Help My Child and its officers, directors, employees, agents, affiliates,
successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments,
settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising

from or relating to: i) your use or misuse of the Software; ii) your failure to comply with any applicable law, regulation, or
government directive; iii) your breach of this Agreement; or iv) your agreement or relationship with an Organisation (if
applicable) or any third party. Furthermore, you agree that Help My Child assumes no responsibility for the information or
content you submit or make available through this Software or the content that is made available to you by third parties.

No Warranties

The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To
the maximum extent permitted under applicable law, Help My Child, on its own behalf and on behalf of its affiliates and its and
their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title
and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, Help My Child provides no warranty or undertaking, and makes no representation of any kind
that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or
that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Help My Child nor any Help My Child.”’s” provider makes any representation or warranty
of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials
or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or
e-mails sent from or on behalf of Help My Child are free of viruses, scripts, trojan horses, worms, malware, time bombs or other
harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory
rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Help My Child and any of its suppliers under any
provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you
for the Application.
To the maximum extent permitted by applicable law, in no event shall Help My Child or its suppliers be liable for any special,
incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of
data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to
the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or
otherwise in connection with any provision of this Agreement), even if Help My Child or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation
or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions
will continue in full force and effect.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall
operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement
preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any
applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

Help My Child reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material
we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be
determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised
terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Governing Law

The laws of South Africa, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your
use of the Application may also be subject to other local, state, national, or international laws.

Changes to this agreement

We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use of the
website constitutes your agreement to be bound by, and your acceptance of, the terms and conditions posted at such time. You
acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you load, access, or use the
website. Therefore, we encourage you to review this Agreement regularly.
If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the
updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of your withdrawal.
Upon providing us with the written notice of the withdrawal of your acceptance, you are no longer authorised to access or use
the website.

No Employment or Agency Relationship

No provision of this Agreement, or any part of relationship between you and Help My Child, is intended to create nor shall they
be deemed or construed to create any relationship between you and Help My Child other than that of and end user of the
website and services provided.

Equitable Relief

You acknowledge and agree that your breach of this Agreement would cause Help My Child irreparable harm for which money
damages alone would be inadequate. In addition to damages and any other remedies to which Help My Child may be entitled,
you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this
Agreement.

Headings

The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of
this Agreement.

Geographic Restrictions

The Company is based in South Africa and provided for access and use primarily by persons located in South Africa, and is
maintains compliance with South Africa laws and regulations. If you use the website from outside South Africa, you are solely
and exclusively responsible for compliance with local laws.

Limitation of Time to File Claims

Any cause of action or claim you may have arising out of or relating to this agreement or the website must be commenced within
one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Entire Agreement

The Agreement constitutes the entire agreement between you and Help My Child regarding your use of the Application and
supersedes all prior and contemporaneous written or oral agreements between you and Help My Child.
You may be subject to additional terms and conditions that apply when you use or purchase other Help My Child.”’s” services,
which Help My Child will provide to you at the time of such use or purchase.

Contact Us

Don’t hesitate to contact us if you have any questions about this Agreement.
● Via Email: joure@helpmychild.co.za