Terms and Conditions

Effective Date: 22/12/2022

INTRODUCTION

Welcome to Ingage Support. Please take a few minutes to read these terms and conditions to help you understand the terms on which we provide our services to you.

Ingage Inc. operates this mobile and web application as well as its related platforms (the "App"). Your access to and use of this App and/or the services provided via the App (the "Services") is governed by these terms and conditions (the "Terms and Conditions") as read with the privacy policy located at https://www.ingagesupport.com/privacy-policy (the "Privacy Policy").
Any references to "Ingage", “Ingage Inc.”, “Ingage Support”, "we", "us" or "our" in these Terms and Conditions shall be to Ingage Inc., and shall include, where applicable, our affiliates and subsidiaries. References to "user", "you" or "your" shall be to any user of this App and/or the Services.
These Terms and Conditions contain provisions that limit Ingage Inc’s liability towards you, or which may require you to indemnify us or assume full responsibility for a risk or liability. Such terms will be in the same style as this paragraph. By using the App and/or the Services, you acknowledge that you have read, accept, and will be bound by these Terms and Conditions as read with the Privacy Policy. If you do not agree to this, please do not use the App and/or the Services.

SUMMARY OF MATERIAL TERMS AND CONDITIONS

This summary outlines the key terms and conditions applicable to your access to and use of the App and/ or the Services so that you can understand the material terms at a high level. However, please ensure that you review the full set of the Terms and Conditions.

Ingage does not provide medical advice via the App and/or the Services. Ingage is not the provider of any medical advice or services. Ingage is therefore not responsible for the conduct of any person who may provide information or advice to you via the App.
You acknowledge that you are solely responsible for acting on the recommendations made and/or information provided by a Professional or another user or when you are using the App and/or the Services.
Should you interact with a Professional or Teacher, you will enter into a separate relationship with this person. Ingage is not a party to this relationship and will not be liable for the acts or omissions of this Professional or Teacher.
To facilitate your access to the App and to provide the Services to you, we are required to process some of your personal data and to share some of this personal data with certain third parties, such as the organisation, institution, school or company with which you belong. You agree to us processing your personal data in this regard.
Certain Professionals may require specific information including your name and, if relevant, your employer and/or other information. You acknowledge that you provide this information voluntarily.
You acknowledge that the text-based chat support provided by the Ingage Support Counsellors, or your organisation, institution, school or company with which you belong is not psychotherapy and does not replace the care offered by medical doctors, psychologists, registered counsellors, psychiatrists, occupational therapists, or social workers.
You affirm that you are over the age of 10 and that if you are between 10 and 18 years of age, a parent and/or guardian agrees to these Terms on your behalf.
You agree to adhere to these Terms and Conditions and to conduct yourself in a respectful, lawful manner on the App and/or when using the Services.

Information Practices Regarding Children Under 13

A child’s school has chosen to make one or more of these products and services offered by Ingage Support available to its students. As is permitted under the Children's Online Privacy Protection Act (COPPA) regulations, a school will provide children with access to these products and services and, on the basis of the school’s authorization, we presume the school has obtained any requisite parental consent. When a child creates their account on Ingage Support, personal information including, first name, surname, date of birth and email address will be collected for the specific purpose of identification of reports sent. This data is collected to ensure effective safeguarding of children. Personal Information that is collected, is stored safely and in compliance with relevant data protection regulations (POPIA, COPPA and the GDPR). Information submitted by a child through the Ingage Support platform Alert System is encrypted and anonymous, in cases of emergencies, such as suicidal thoughts, anonymity may be overridden by the school, and the child's identity may be determined for the safety and well-being of the child. Personal information is only collected for the purpose of the alert system and no other information or the child's utilisation of the platform is collected or connected with the child.

We urge parents to contact their child’s school to learn more about how the school uses our products and services and the data we provide them, as well as details regarding other software and online services the school uses.

INGAGE INC. IS NOT A DOCTOR, MEDICAL PROFESSIONAL OR EXPERT

Please read this section carefully. It is important that you understand that Ingage does not provide medical advice via the App and/or the Services, and that Ingage is not responsible for the conduct of any person who may provide information or advice to you via the App.

Ingage provides access to certain healthcare related information to you and/or enables your access to medical and/or counselling services. Ingage is independent from service providers who will be providing such services to you through the Platform and is not responsible for such providers' acts, omissions or for any content of the communications made by them. Ingage does not participate in the practice of medicine.
Ingage recognises its role as one of many channels through which users may have access to some medical, counselling and/ or other related services.
The services rendered through the App cannot provide a clinical diagnosis for which an in-person consultation is required, and the App is not suitable where you require any official counselling, including any court-ordered counselling. If you are in a state of distress, considering harm to you or others, or experiencing a medical emergency, the Ingage Support Platform is not the appropriate place of support and you should seek emergency medical assistance, such as calling the South African Depression and Anxiety Group (SADAG) Helpline at (0800) 456 789; (0800) 567 567 or the AKESO Crisis Helpline at (0861) 435 787.
Making use of the Services, using, accessing and/or browsing the App and/or providing personal or medical information to any of the professionals on the App (the "Professionals") does not create any relationship between yourself and Ingage aside from our relationship with you as a user of our Services.
The Professionals include but are not limited to –
1. Accredited and registered mental health professionals such as clinical, counselling, educational and industrial psychologists, registered counsellors, occupational therapists, social workers, nurses, and doctors;
2. Members of your organisation, institution, school or company with which you belong.
Ingage does not recommend, or endorse, any particular Professional.
In certain instances, depending on the component of Service you use on the App, you may interact with a Professional and a separate relationship will come into existence between you and that Professional. You acknowledge that Ingage is not a party to this relationship, and that Ingage will not be liable for the acts or omissions of this Professional.
Though Ingage takes care in verifying the credentials of Professionals when they sign up to the App, Ingage is not responsible for the Professionals' designations or their registrations with professional bodies, including the maintenance and renewal of such designations and registrations, or for their compliance with applicable legislation which governs their profession.
If you have a complaint about the conduct of a Professional, you should report them to the appropriate body and/or follow the appropriate legal process. You can also email us at info@ingagesupport.com should you wish to report any Professional or administrator.
You acknowledge that you are solely responsible for acting on the recommendations made and/or information provided by a Professional or another user or when you are using the App and/or the Services, and that Ingage will not be liable for any loss or damage suffered by you as a result hereof.
You should not change your medication, medical or healthcare regime without consulting your doctor and you should not disregard, avoid, or delay in obtaining any in-person care from a qualified professional because of information received via the App and/or the Services.

SHARING YOUR PERSONAL DATA WITH INGAGE

To facilitate your access to the App and to provide the Services to you, we are required to process some of your personal data and to share some of this personal data with certain third parties, such as your organisation, institution, school or company with which you belong. You agree to us processing your personal data.
We shall process this personal data in accordance with applicable data privacy legislation and our Privacy Policy, available here https://www.ingagesupport.com/privacy-policy.
Please also read the Privacy Policy to understand the types of personal data we collect about you, where we collect it from, who we may need to share it with, how long we retain it for, whether it leaves the country in which we collected it, and how you can request access to and/or deletion of your personal data.
Any information you provide to Ingage, and/or a Professional via the App or when using the Services, including concerns of your health or medical history, will be entirely voluntary and at your discretion, and you can control the level of information you share.
Certain Professionals may require specific information including your name and, if relevant, your data on the platform. You acknowledge that you provide this information voluntarily.
Any information and data that you provide to Ingage must be accurate, truthful, and up to date. By using the App and/or the Services, you warrant that you are not misrepresenting your identity or contributing any false or inaccurate information or data via the App.

ASSESSMENTS, CHECKLISTS, WORKBOOKS AND QUESTIONNAIRES

You can complete assessments and questionnaires via the App, which can help you understand yourself better and explore your well-being. The results of any such assessment are suggestive and no result is 100% accurate.
These assessments are provided for informational purposes only and cannot diagnose any medical conditions.
If you require a professional diagnosis, you should consult a suitably qualified professional for this purpose.
You acknowledge that Ingage will not be liable for any loss or damage suffered by you as a result of you acting on the outcome of an assessment.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

You acknowledge that the App and the Services are provided on an 'as is' basis, without any warranty that the App and/or the Services will be free from defects, to the extent that it is lawful to do so, and that the existence of errors in the App and/or the Services alone will not constitute a breach of these Terms and Conditions. In the event of any such defect or error, your sole remedy will be to cease your use of the App and/or the Services.
Ingage does not warrant that:
1. The App and/or the Services (or any component thereof) will meet your personal requirements or expectations;
2. The operation of the App and/or the Services (or any component thereof) will be uninterrupted or error-free; or
3. That all errors or defects will be corrected.
Any information displayed or provided as part of the App and/or the Services is intended to serve as general information. No representations or warranties are made or provided in respect of such information, including in respect of the accuracy of the information. Your use of the App and/or the Services is at your own and sole risk.
In addition, and to the extent not prohibited by applicable law, Ingage disclaims all warranties and conditions with respect to the App and/or the Services, either express or implied, including, but not limited to, warranties of merchantability, accuracy, fitness for a particular purpose and non-infringement.
In no event shall Ingage or its affiliates, officers, directors, employees, agents, service providers or contractors be liable for:
1. Any special, indirect, consequential, or incidental damages arising out of, or related to, the App and/or the Services or the information contained therein, whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise;
2. Anyone gaining unlawful access to the App and/or the Services or to any of its content or Ingage acting on an instruction received from you; or
3. Your reliance on any material or content provided through the App and/or the Services.
You agree to defend and indemnify Ingage and to hold Ingage and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
1. Your use of and access to the App and/or the Services;
2. Your violation of any term of these Terms and Conditions;
3. Your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
4. Any claim that your use of the App and/or the Services caused damage to a third party.
This defence and indemnification obligation will survive termination, modification or expiration of these Terms and Conditions and your use of the Services and/or the App.
Despite this indemnity provision, if Ingage is found to be liable by a court of law or legal tribunal, you agree that a Ingage’s liability towards you shall be limited to an amount equal to 200% of the amount paid by you to Ingage in the 12 months immediately preceding the date on which the aforesaid liability arose.

You may use the App and/or the Services only for purposes that are legal, and you must not (nor will you allow or cause any third party to):
1. Tamper with, disassemble, decompile, reverse engineer, edit, attempt to derive the source code of or modify the App and/or the Services (wholly or in part);
2. Use or exploit the App and/or the Services (wholly or in part) for commercial gain under any circumstances whatsoever or copy the App and/or the Services (wholly or in part);
3. Sublicense, distribute, export, or resell the App and/or the Services (wholly or in part) or otherwise transfer any rights therein; or
4. Exercise any other right to the App and/or the Services (wholly or in part) not expressly granted in these Terms and Conditions.
You are granted a revocable, non-transferable, non-exclusive, limited licence to use the App to receive the Services for personal, private use.
Ingage and/or its valid license owns all right, title and interest in and to the App, the Services and all information, documentation and proprietary products made available via the App. No licence or other right or interest in or to the App and/or the Services is granted to you except for the licence rights specifically set forth herein.
You may not duplicate or reproduce in any way the App and/or the Services or the information, documentation and/or the proprietary products made available via the App and/or the Services without the express prior written consent of Ingage.
By communicating with Ingage and/or making use of the Services or sharing content on the App, you grant Ingage a royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication, content, or any information therein alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, for any purpose.

YOUR INGAGE SUPPORT ACCOUNT

You agree to adhere to these Terms and Conditions and to conduct yourself in a respectful, lawful manner on the App and/or when using the Services. You agree that you will not, through your use of the App and/or the Services:
1. Infringe or violate the rights, including the intellectual property rights, of Ingage, its users or any third party;
2. Distribute any form of marketing or other unsolicited material to Ingage, its users or any third party; or
3. Post or transmit content that is defamatory, unlawful, hateful, obscene, abusive, or slanderous toward Ingage, its users or any third party.
You acknowledge that Ingage reserves the right to suspend and/or terminate your access to the App and/or the Services or to remove any of your contributions to the App should you contravene any of these Terms and Conditions. Ingage will not be liable for any loss or harm you suffer due to your inability to access the App and/or the Services, where Ingage suspends or terminates your access on this basis.
You acknowledge that you are solely responsible for your content posted on, transmitted through, or linked via the App and/or when making use of the Services, and for the consequences of posting, transmitting, linking, or publishing it.
You furthermore agree that Ingage has the right to amend, suspend, terminate, or discontinue all or any part of the App and/or the Services, or your access to the App and/or the Services, at any time with prior reasonable written notice to you and without incurring liability, save for refunding you any amounts duly owing.
You can delete your Ingage account at any time by following the prompts on the App.
We may update the App from time to time at our discretion. If you do not make use of the latest version thereof, your access to and use of the App and/or the Services may be limited.

CONSENT

You confirm that you are legally able to consent to accessing the App or receiving the Services or you have the consent of a parent or guardian that is legally able to provide such consent on your behalf.
Accordingly, you affirm that you are over the age of 10, as the Services are not intended for children under 10, and that if you are between 10 and 18 years of age a parent and/or guardian agrees to these Terms on your behalf.

DISPUTE RESOLUTION AND GOVERNING LAW

To the extent permitted by applicable local laws and regulations, any disputes that may arise concerning the App and/or the Services and the information contained herein shall be governed by the laws of The Republic of South Africa. All proceedings, which may arise out of, or in connection with, this App and/or the Services shall be resolved by final and binding arbitration in South Africa. One or more arbitrators shall be appointed in accordance with the Rules. To the extent permitted by law, you waive your right to resolve any disputes with Ingage as part of any class action.
It is not intended that any part of these Terms and Conditions contravene any provision of any legislation which may apply in your jurisdiction. Therefore, all the provisions of these Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the provisions of applicable legislation are complied with.

ASSIGNMENT

Neither these Terms and Conditions nor any part, share or interest therein nor any rights or obligations hereunder may be ceded, delegated, or assigned by you without the prior signed written consent of Ingage.
Ingage reserves the right to cede its rights or delegate its obligations without your prior written consent where such action is pursuant to a sale of business, sale of shares, or change of ownership in Ingage or its holding entities or pursuant to any internal reorganisation or amalgamation in respect of Ingage and/or any of its holding entities, subject to any applicable notification requirements in terms of the law.

SEVERABILITY

All provisions and the various clauses of these Terms and Conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms and Conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto (as if not written herein) and the remaining provisions and clauses of these Terms and Conditions shall remain of full force and effect.

WHOLE AGREEMENT

These Terms and Conditions, as read with the Privacy Policy, constitute the entire and only agreement between Ingage and you in respect of the matters contained herein and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings concerning this App and/or the Services.
We reserve the right to modify or amend these Terms and Conditions at any time with the minimum notice permitted by applicable law or, if allowed by applicable law, without notice. Your continued use of the App and/or the Services signifies your acceptance of these Terms and Conditions, as amended from time to time.

If you have any questions, comments and/or requests about these Terms and Conditions, please contact us at

info@ingagesupport.com with "Terms and Conditions" in the subject line.