Introduction

By downloading or using the Mountain Club of South Africa (MCSA) Mobile App (hereinafter referred to as “the app”), you are automatically agreeing to abide by the terms and conditions outlined in this document. It is crucial that you read and understand these terms and conditions thoroughly before using the app. Your use of the app signifies your acceptance of these terms and conditions.

Intellectual Property Rights

The app, including but not limited to its design, layout, software, images, text, graphics, and all other material content, is the exclusive property of The Mountain Club of South Africa. This includes all trademarks, copyright, database rights, and other intellectual property rights related to it. You are strictly prohibited from copying, modifying, attempting to extract the source code, translating the app into other languages, or creating derivative versions of the app. Any violation
of these terms may result in legal action, including but not limited to claims for damages and injunctions against further violations.

Changes and Charges

The Mountain Club of South Africa is dedicated to ensuring that the app is as useful and efficient as possible. To achieve this, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will always provide clear and explicit notice if we decide to charge for the app or its services, detailing exactly what you will be paying for. We reserve the right to introduce new services, remove existing services, or modify the scope of existing services.

Data Security and Personal Information

The app stores and processes personal data that you have provided to us, in order to provide our Service. It is your responsibility to keep your phone and access to the app secure. We strongly advise against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. This could expose your phone to malware, viruses, malicious programs, compromise your phone’s security features, and could result in the app not functioning properly or at all. In compliance with the Protection of Personal Information Act (POPIA) of South Africa, we are committed to protecting and processing your personal information in accordance with the law. This includes, but is not limited to, the collection, usage, and storage of personal information. We have implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing.

Third-Party Services

The app uses third-party services that have their own Terms and Conditions. These third-party services are not under our control, and we are not responsible for their content, products, services, or privacy policies. We provide these links only as a convenience and do not endorse the material on these sites, or associate with their operators. You will need to make your own independent judgement regarding your interaction with these third-party services. Links to the Terms and Conditions of these third-party service providers used by the app are provided below:

• Google Play Services
• Expo
• Sentry

Limitation of Liability

The Mountain Club of South Africa will not be held responsible for certain issues that may arise from your use of the app. For instance, the app requires an active internet connection to function properly. If you do not have access to Wi-Fi or have exhausted your data allowance, we cannot be held responsible for the app not working at its full functionality. Furthermore, if you use the app outside of an area with Wi-Fi, you should be aware that the terms of the agreement with your mobile network provider will still apply. As a result, you may incur charges from your mobile provider for the cost of data while accessing the app, or other third-party charges. By using the app, you accept responsibility for any such charges, including roaming data charges if you use the app outside of your home territory without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, we assume that you have received permission from the bill payer for using the app.

Updates and Termination

At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. The Mountain Club of South Africa does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These terms and conditions are effective as of 2023-08-01.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at chairman@jhb.mcsa.org.za. We welcome your feedback and suggestions on how we can improve our service.