Terms & Conditions
Licence Agreement
Important notice
Please read this Licence Agreement carefully. Your use of TheTreeApp services, including our mobile application and website, is subject to the terms published at the time of your use. By accessing, using, registering for, or receiving services offered by TheTreeApp, you agree to be bound by these Terms. If you do not accept them, you may not use our services.
These Terms contain provisions that limit liability, allocate risk, and define your responsibilities. Please pay particular attention to them.
If you are under 18, you must obtain parental or legal guardian consent to use TheTreeApp. Some services may require users to be 18 or older; in such cases, a parent or guardian must perform the transaction on your behalf.
TheTreeApp may update these Terms from time to time; the current version will always apply to your use of our services.
1. Definitions
1.1 In this Agreement, the following words have these meanings:
- Additional terms: Guidelines, rules, or policies applicable to your use of TheTreeApp or our website, published from time to time.
- Content: Any media, including text, images, videos, audio, or other materials provided via TheTreeApp.
- Intellectual property: All rights, whether registered or unregistered, including patents, copyrights, trademarks, designs, software, databases, and confidential information.
- TheTreeApp: TheTreeApp is a property of High Branching Pty Ltd, a company incorporated in South Africa, registration number [insert], with business address [insert].
- TheTreeApp application: Software applications provided by TheTreeApp for supported devices to access our services.
- TheTreeApp user: Any user of the application or website, including Registered users and guests.
- Registered user: A user who has created an account on TheTreeApp.
- Guest: A user accessing TheTreeApp without an account, with limited functionality.
- Services: All services provided by TheTreeApp via the application, website, or otherwise.
- Upload: Any data or information you provide to TheTreeApp.
- User account: An account created to access and use TheTreeApp services.
1.2 Singular includes plural, and references to gender include all genders. “Including” means “without limitation.”
1.3 Terms are interpreted according to South African law, including ECTA, the Consumer Protection Act, and POPIA.
2. Terms of use
2.1 Your use of TheTreeApp, the website, and services is subject to this Agreement and any Additional Terms.
2.2 TheTreeApp may amend these Terms at any time. You are responsible for reviewing changes.
2.3 In case of conflict, this Agreement prevails unless stated otherwise in Additional Terms.
3. Eligible Persons
You must be at least 18 years old to use TheTreeApp services, unless parental or guardian consent is obtained.
4. Use and Licence
4.1 All Intellectual Property in TheTreeApp and Services belongs to or is licensed to TheTreeApp.
4.2 You may not use our trademarks or intellectual property without written permission.
4.3 You may only use TheTreeApp for lawful purposes and not for commercial exploitation unless expressly authorised.
4.4 TheTreeApp grants a non-exclusive, revocable licence to install and use the app on supported devices.
4.5 You may not copy, distribute, modify, reverse engineer, or create derivative works without permission.
4.6 TheTreeApp is not obliged to release updates or support older versions.
4.7 Communications and notifications may be sent according to our Privacy Policy.
4.8 TheTreeApp may reclaim usernames or display names if necessary, with notification.
4.9 All rights not expressly granted remain with TheTreeApp.
5. Registration and User Accounts
5.1 Registration may be required to access certain Services.
5.2 By registering, you confirm that all information provided is true, accurate, and lawfully obtained, including content you upload.
5.3 TheTreeApp may disclose your identity to third parties if uploaded content infringes rights or the law.
5.4 You are responsible for maintaining account security and confidentiality.
5.5 Any activity on your account is binding on you.
5.6 TheTreeApp may suspend or terminate access for violations.
5.7 You may not share your login credentials.
5.8 Report any unauthorized access or security breaches immediately.
6. Nature of Services
6.1 TheTreeApp provides educational and information services about South African trees.
6.2 Some Services may be subject to Additional Terms.
7. Payment
7.1 Payments for subscription-based services are processed securely, usually through app store gateways.
7.2 Payment methods may include debit/credit cards, EFT, digital wallets, or other payment gateways.
7.3 Users may receive a free trial period; subscription payments recur automatically unless cancelled.
7.4 Refunds follow the applicable law and TheTreeApp’s policies, including cooling-off periods.
8. Content Management
8.1 By uploading content, you grant TheTreeApp a non-exclusive, royalty-free licence to use and modify it.
8.2 TheTreeApp may moderate content to ensure compliance with Terms.
8.3 You are responsible for reporting objectionable or unlawful content.
8.4 Unacceptable content includes spam, illegal material, harassment, pornography, or material violating rights of others.
9. Availability of Services
9.1 Use of TheTreeApp is at your own risk.
9.2 TheTreeApp does not guarantee uninterrupted access or accuracy of content.
9.3 You are responsible for your device, hardware, and internet connectivity.
9.4 TheTreeApp may suspend services for maintenance, upgrades, or policy enforcement.
9.5 Third-party content does not imply endorsement.
9.6 To the extent permitted by law, TheTreeApp is not liable for indirect or consequential damages.
10. Unauthorised Conduct
10.1 You may not interfere with communications, use malicious code, or access accounts unlawfully.
10.2 You may not harass, impersonate, or invade the privacy of others.
10.3 Programmatic access is prohibited without written permission.
11. Breach and Termination
11.1 TheTreeApp may suspend or terminate accounts for violations without notice.
11.2 Licences granted under this Agreement terminate upon account termination.
12. Privacy
TheTreeApp Privacy Policy is incorporated by reference and governs the collection, use, and storage of your personal information.
13. Jurisdiction and Liability
13.1 These Terms are governed by South African law.
13.2 TheTreeApp’s maximum liability is limited to amounts actually paid by the user.
13.3 If any provision is unenforceable, remaining provisions remain in effect.
14. Notices
14.1 TheTreeApp business address: [insert address].
14.2 Notices must be in English and sent by hand, prepaid post, or email.
14.3 Hand delivery: effective on delivery; prepaid post: 10 days; email: on read receipt.
15. General
15.1 You may not transfer rights or obligations without TheTreeApp’s permission.
15.2 Failure to enforce a right does not waive it.
15.3 These Terms constitute the entire agreement.
15.4 Further clarifications may be found in the FAQ and are incorporated by reference.
16. Contact Information
Full Name: TheTreeApp Pty (Ltd)
Main Business: Software development and tree identification services
Address: [insert]
Information Officer: Camilla Rankin
Email: ask@thetreeapp.co.za
