Last Updated: March 2024

By using the Whistleblower House Website, you (the user) acknowledge and agree to the following disclaimer terms:

  1. These terms serve as a binding agreement between the website owners and the users of the website and/or the benefactors of its services.
    1. The user hereby declares that he/she is legally competent to accept, agree to and enter into this agreement.
  2. The website owners reserve the right to effect, in their sole discretion, amendments to these terms from time to time. Users will not be informed of any amendments and accept that it is their duty to frequently read through the terms, in order to stay abreast of any changes thereto.
    1. The user’s continued use of the website and services, in the event of an amendment to the terms, will constitute the user’s acceptance of, and agreement to, such amendment. The user will be entitled, if not in agreement with an amendment, to withdraw from the relationship with the website owners.
  3. Definitions:
    1. Account” means the registered account held by a User, administrator, advertiser, or Support services provider on the website.
    2. ECTA” means the Electronic Communications and Transactions Act 25 of 2002.
    3. Device” means the mobile phone, terminal, tablet, laptop, or desktop computer or any other electronic, battery or solar operated device used by the User to gain access to the website.
    4. Disparagement” means any negative, or perceived negative, remarks or behaviour made, or distributed by the User, in respect of the website and/or its owners, which can reasonably and objectively be regarded as defamatory, insulting, abusive, slanderous, false, a misrepresentation of a true state of affairs or threatening in any manner.
    5. User” means any individual that uses, or has registered to use, the website.
    6. Username” means the name selected by the user, by which it will be identified when accessing the website.
    7. User information” means the information submitted by the user or collected by the website owner in terms of its privacy policy.
    8. We” means the Website owners.
    9. Website” means the set of related web pages under the domain name whistleblowerhouse.org or any other related domain associated with the website owner.
    10. Website owners” means The Whistleblower House NPC (Registration Number: 2021/717060/08), a company with limited liability and duly incorporated in terms of the Companies Act 71 of 2008, with its registered address at 1003 Otto du Plessis Drive, Big Bay, Cape Town, South Africa, being the owner of the website and web application (also referred to herein as “the company”).
    11. You” means the user.
  4. Use of the website or the information, products, services available on this website is at your own risk.
    1. Notwithstanding the provisions of sections 43(5) and 43(6) of the ECTA, we accept no liability whatsoever relating to any loss, expense, claim or damage, whether direct, indirect, or consequential, arising from the use and/or reliance upon the information on the website, or any actions or transactions resulting therefrom.
    2. The website owner shall not be responsible for any error or delay that may arise as a result of the user being unable to access the app or related services due to an error on the user’s mobile device, software, or third-party service provider.
    3. The website owner makes no warranties that the website will website or related services are compatible, or will operate, with the user’s mobile device, desktop, or laptop, or any software/hardware that the user may have on the aforesaid devices.
    4. The website owners make no warranty, or representation, whether express or implied, as to the operation, integrity, availability or functionality of the website, or the accuracy, completeness or reliability of any information obtained from the website.
      1. The user indemnifies the website owner from any harm that may arise as a result of inaccurate information, or functionality of the website.
    5. The website owners make no warranty or representation, whether express or implied, that the products, information, or files available on the website are free of viruses, destructive materials, or any other data or code which is able to corrupt, compromise or jeopardize the operation or content of the user’s mobile device, network, software, or hardware.
      1. The user accepts all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardize the operation or content of the user’s mobile device, software, or hardware.
    6. The website owners do not accept any responsibility for any errors or omissions on the website.
      1. These terms shall, in no way, be construed as an indemnification of the user or any other person against any harm, damages or costs, caused by the use of the website, related applications or its services.
      2. The user indemnifies the website owner from any harm, damages, or costs, suffered by it as a result of the use of the website, related applications or its services.
      3. Neither the website owner, nor its directors, or any of its employees, shall be held liable or responsible for any errors or omissions on this Website and/or any Products/Services, or for any damage the user may suffer as a result of failing to seek competent advice from a professional who is familiar with the user’s situation.
      4. The user acknowledges that the website owner has not, and will never, make any guarantees regarding its services, and the user acknowledges that all information contained on the website is for educational purposes only.
      5. The user acknowledges that the services rendered to each user might be different based on the facts, and that the outcome of prior services do not guarantee that the user will receive a similar outcome from the services rendered.
      6. To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website and/or any Products/Services, with the delay or inability to use the Website and/or any Products/Services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website and/or any Products/Services, or otherwise arising out of the use of the Website and/or any Products/Services, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website and/or any Products/Services, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Website and/or any Products/Services.
  5. These terms shall all be governed by and interpreted in accordance with the laws of the Republic of South Africa, and subject to the exclusive jurisdiction of the South African courts.
    1. The user agrees to not use or utilise the website, or the products or services rendered by the website owner, in contravention of any applicable laws or regulations.
  6. The website owners reserve the right to withdraw or amend the website and/or any products/services/material provided on the website, or through any other medium, at their sole discretion and without notice.
    1. Amendments will take effect when we post such amendments, and it is your responsibility to keep apprised of the amendments.
    2. The website owners will not be held liable if, for any reason, all, or any part of the website and/or any products/services are unavailable at any time or period.
    3. The website owners may, from time to time, restrict access to the website, and/or its products or services, at its sole discretion.
    4. The website owners may, at any time and in their sole discretion, disable any account, username, password, or other identifiers, whether chose by you or by us, for any reason, including if it is suspected that you have violated any provision contained in these terms, or any of the terms contained on the website.
  7. The user shall, at all times, provide the website owners with accurate information and indemnifies the website owner from all liability regarding the accuracy of the information provided by the user, or the use of such information.
  8. The user indemnifies the website owner from all liability arising from the unauthorized access of its account by use of its username, password, or any other security procedure.
    1. In such an event, the user will notify the website owner immediately after it becomes aware of any unauthorised access to, or use of, its username or password. The user shall also bear the onus of showcasing that it has, at all times, kept its user information confidential and inaccessible by malicious third parties.
  9. Under no circumstances may you use the Website and/or any Products/Services and any material thereto for your own commercial use. You acknowledge that any use of the Website and/or any Products/Services and any material thereto other than for your own personal use or business use, shall result in a material breach of these Terms and Conditions and you shall be held liable for direct and/or indirect and/or consequential damages.
  10. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website and/or any Products/Services, is the property of the Company or its suppliers and protected by South African and international intellectual property laws and conventions, and other laws that protect proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
  11. The information contained on this Website and/or any Products/Services and the related content or resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
  12. The user acknowledges that the website owner merely facilitates access to the services provided, and that services are rendered by independent organisations.
    1. The website owner shall not be held liable for services rendered.
  13. All intellectual property on the website is owned by the website owner or has been licenced to a third party by the rights owner(s) for use as part of the website services. No action whatsoever by the website owner will constitute a transfer of the intellectual property to the user.
  14. Disparagement, harassment, abuse, or any similar behaviour will result in the website owner terminating all access to services and may result in the website owner taking legal action against the user.
  15. The website owner will disclose all information required to be disclosed by law, legal process or governmental request.
  16. The website owner will not be liable for any harm, damage or costs resulting from the use of its communication services.
  17. The website owner will conduct extensive background checks on users prior to facilitating services with third party service providers.
  18. The website may contain links to other sites which are not under the control of the website owner.
    1. The website owner does not accept any liability arising from the user entering such linked website.
  19. The website owners rights remain fully reserved.