Terms of Service

Welcome to Ganoosh. We are glad you’re here, and we hope you enjoy everything we have to offer.

A reference to “Ganoosh,” “we,” “us” or the “Company” is a reference to Hebron Change Enablement Services (Pty)Ltd as the responsible entity and the relevant affiliate involved in the processing activity. The address of our office where Hebron is located is 022 Jan van Rooyen Street, Krugersdorp, South Africa.

Please read these Terms carefully because they are a binding agreement between You and Hebron Change Enablement Services (Pty)Ltd (“Hebron” or “We”). These Terms aim to cover the terms of service where a direct contracting exists between Hebron and our customer (i.e. the childcare facility) and indirectly where you are an inferred user of our customers’ services.

These Terms govern your use of the website and application that link to these Terms. In these Terms, the word “Sites” refers to the website (www.Ganoosh.co.za) as well as the Ganoosh application and services offered. You automatically agree to these Terms and to our Privacy Statement simply by using or logging into the Sites.

Please note that we offer many services. Your use of Ganoosh products or services either as the direct contracted party or inferred user of our customer’s services are provided by Hebron pursuant to a separate manually or digitally executed agreement. Those additional terms become part of your agreement with us if you use the services or log into the Sites. Therefore, the following terms apply:

Your Accounts
- You may be required to create an account and specify a password in order to use the Ganoosh application. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes or contact us with the relevant information and we will update your profile. In some cases, an account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites.
  
  Moreover, your administrator may be able to access or disable your account without our involvement. You may not share your account with anyone else. Please keep your password confidential and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator or Ganoosh directly.
Ganoosh Community
- Please note that if you register for Ganoosh, log into the Ganoosh application your personal information (such as name, surname, address, etc.) which was collected during the course of registering for Ganoosh will be visible to the childcare facility in which your child / children have been registered to. Ganoosh has been designed that this information is only visible to the defined class teacher and the facility owner or principal. Ganoosh will not share this information or make it useful for any purposes to any party unless we are legally obligated to do so. You are solely responsible for maintaining the confidentiality of your Ganoosh username and password and are entirely responsible for any and all activities under your account. You agree to notify Ganoosh immediately of any unauthorized use or any other breach of security involving your username and password or account. Ganoosh will not be liable for any loss incurred as a result of an unauthorized use of a username/password or account.

IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER CONTENT PUBLICLY AVAILABLE IN A COMMUNITY OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

Modifications and Termination
- PWe reserve the right to modify our Site and Application at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. However, our licencing options clearly stipulate the applicable features and how BETA features will be handled. If you don’t like any changes, we will do our utmost to continue support on the software version you prefer although ongoing support cannot be guaranteed. We will do our utmost to always communicate decisions such as these well in advance and handle exceptions on a case to case basis.
  
  Ganoosh will also undertake upgrades and changes that do not materially impact the user functionality of Ganoosh but rather matters relating to security and information management. These changes will be logged and released on the latest version of Ganoosh as deemed necessary in ensuring Ganoosh and the information it holds remain safe, secure with the optimal user experience.
Content You Post
- We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Site or Application. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.
  
  You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant Ganoosh an perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, adapt, modify, create derivative works of, and otherwise use your Content whilst referencing you as source. Please note that this license continues even if you stop using our services.
  
  You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.
Content Posted by Others
- We are not responsible for, and do not endorse content posted by any other person or institution. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.
Your Use of the Site and/or Application
- Please do not use the Site and/or Application in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms). It should be common sense, so we won’t bore you with a list of things you shouldn’t do. But if we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Site and/or Application and take appropriate legal actions.
  
  Using our Site and application does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Site and Application other than the specific information as it relates to your child / children, their class and childcare facility. When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Statement.
Our Warranties and Disclaimers
- We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER GANOOSH NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITE AND APPLICATION. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITE, THE SPECIFIC FUNCTION OF THE APPLICATION, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR APPLICATION. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

Additional Details
- We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites. The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Site and Application may contain ads from third-parties. We do not control or endorse any products being advertised.
  
  If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future).
  
  These Terms are governed by and construed in accordance with the laws of The Republic of South Africa, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in South Africa, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.