Terms and Conditions

Last updated 04 Aug 2026

By downloading, installing, or using the EAP App, you agree to be bound by the following terms and conditions:

 

1. Definitions

1.1. App: Refers to THE EAP APP mobile application, including any updates, enhancements or modifications.

1.2. User or Licensee: Refers to any individual who downloads, installs and uses the app.

1.3. Licensor, Company or App Owner: Refers to the entity providing the app and holding the intellectual property rights.

1.4. Terms and Conditions: Refers to this agreement, outlining the terms of use for the app.

1.5. Account: Refers to the user’s account associated with the app, if applicable.

1.6. Content: Refers to any text, images, audio, video, or other materials provided within the app.

1.7. Intellectual Property: Refers to the patents, trademarks, copyrights, trade secrets, and any other proprietary rights.

1.8. Privacy Policy: Refers to the document outlining the collection and use of user information by the app.

1.9. License: Refers to the permission granted by the app owner (Licensor) to the user (Licensee) for the use of the app under specified terms.

1.10. Termination: Refers to the end of the user’s right to use the app, either by choice or due to a breach of terms.

1.11. Updates: Refers to new versions, enhancements, or modifications to the app provided by the owner.

1.12. Jurisdiction: Refers to the legal jurisdiction governing the terms and conditions (i.e., South Africa).

1.13. Device: Refers to the hardware on which the app is installed and used.

1.14. Consent: Refers to the user’s agreement to abide by the terms and conditions by using or accessing the app.

1.15. Force Majeure: Refers to unforeseeable circumstances that prevent the fulfillment of contractual obligations, such as natural disasters or acts of God.

 

 

2. License to Use

2.1. Subject to your agreement to and compliance with the terms of this Agreement, you are granted a non-exclusive non-transferable, non-sharable, revocable, limited license to download, install and use the app/service solely you’re your personal, non-commercial use in accordance with this Agreement.

 

3. Prohibited Conduct

Users of the EAP APP are strictly prohibited from engaging in any of the following conduct:

3.1. Unauthorized Access: Users shall not attempt to access, alter, or interfere with the app’s systems, servers, or any associated networks without explicit authorization.

3.2. Malicious Activities: Any form of malicious activity, including but not limited to hacking, spreading malware or engaging in any activity that may compromise the security or integrity of the app, is strictly prohibited. The user shall not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the app.

3.3. Abuse of Services: Users shall not use the app for any unlawful or unauthorized purpose, including but not limited to violating any applicable laws or regulations.

3.4. Harassment and Abuse: Harassment, bullying, threatening, intimidating, or any form of abusive behavior towards other users, administrators or any third parties associated with the app is strictly prohibited.

3.5. Intellectual Property Infringement: Users must not infringe upon the intellectual property rights of the app owner or any third party, including copyrights, trademarks, or patents.

3.6. False Representations: Users shall not provide false information, impersonate others, or engage in any form or deceitful conduct.

3.7. Unauthorized Commercial Activities: Any unauthorized commercial activities, including advertising or solicitation without prior consent, are prohibited.

3.8. Violations of Terms: Users shall comply with all terms and conditions outlined in this agreement. Violation any terms may result in the termination of the user’s account or legal action.

3.9. The app reserves the right to investigate and take appropriate legal action against anyone who engages in prohibited conduct. The app owner holds the discretion to amend or update this Prohibited Conduct clause at any time.

 

4. Right to Terminate Accounts

4.1. Breach or terms: The app owner reserves the right to terminate the user’s account immediately, without prior notice, in the event of any breach or the terms and conditions outlined in this agreement. Such breaches may include, but are not limited to, violations of usage restrictions, unauthorized access, or any unlawful or prohibited activities.

4.2. Inactive accounts: The app owner reserves the right to deactivate or delete inactive accounts. An account may be deemed inactive if the user has not accessed the app for a specified period, as determined by the app owner.

4.3. Legal Compliance: The app owner may terminate accounts if the user fails to comply with applicable laws and regulations or if the user’s activities are found to be in violation of any legal standards.

4.4. Termination by User: Users have the right to terminate their accounts at any time by following the designated procedures within the app (Account Settings/Delete account). All user data will be deleted along with user profile information within one week of terminating. By accepting these terms, you acknowledge that no subscription fees for the month in which you cancel will be refunded to you.

4.5. Effect of Termination: Upon termination of the account, the user loses all access to the app and its services. The app owner is not liable for any loss or damage resulting from the termination of an account.

 

 

5. Intellectual Property Rights

5.1. Ownership: All intellectual property rights related to THE EAP APP application including, but not limited to, copyrights, trademarks, trade secrets, and patents, are the exclusive property of the app owner. Users acknowledge that no transfer of ownership or rights is implied or granted through the use of the app.

5.2. Use Restrictions: Users shall not reproduce, distribute, display, modify, or create derivative works based on the app or any part thereof. Unauthorized use of the intellectual property of the app owner is strictly prohibited.

5.3. User generated content: By submitting any content (text, images, audio, video) through the app, users grant the app owner a worldwide, royalty free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute and display such content within the app.

5.4. Feedback: Users may choose to provide feedback, suggestions, or ideas regarding the app. The app owner may use, modify and implement such feedback without any obligation or compensation to the user.

5.5. Third-Party Content: The app may incorporate third-party content or intellectual property. Users agree to comply with any additional terms and conditions governing such third-party content.

 

 

6. Payment Details

6.1. In App Purchases: Some features or content within THE EAP APP may be available for purchase (“In-App Purchases”). By making an In-App Purchase, users agree to pay the specified fees associated with the selected feature or content.

6.2. Payment Method: Users must provide accurate and complete payment information. Payment may be processed through third-party payment processors, and users agree to abide by their terms and conditions.

6.3. Subscription Services: By subscribing to THE EAP APP, users acknowledge that subscription fees will be automatically charged at the specified intervals unless the subscription is canceled. Users are responsible for canceling subscriptions through the app. Cancelling a subscription will take effect the day after the last day of the current subscription service period and then you will lose access to your account. If your account should remain inactive for an extended period (6 months), it will be terminated and all user generated data deleted.

6.4. Refunds: Refunds for either In-App Purchases or subscription fees are subject to the policies of the respective app store or platform. The app owner does no guarantee refunds and is not responsible for refund requests.

6.5. Taxes: Users are responsible for any applicable taxes associated with purchases made through the app. Prices listed within the app do not include taxes and users agree to pay any applicable taxes imposed by relevant authorities.

6.6. Price changes: The app owner reserves the right to change the prices of In-App Purchases or subscription services at any time. Users will be notified of any price changes before making a purchase.

6.7. Termination of Access: Failure to pay for In-App Purchases or subscription services may result in the suspension or termination of access to certain features or content within the app.

6.8. Third-Party Platforms: If the app is distributed through third-party platforms (e.g., App Store, Google Play) users must comply with the payment terms and conditions of those platforms in addition to this section.

 

7. Refunds

Due to the nature of this digital product and the immediate provision of access to information and content, refunds will generally not be granted once access has been provided. By purchasing or subscribing to the product, you acknowledge and consent to immediate access to the service. Refund requests may be submitted for consideration; however, the granting of any refund remains at the sole discretion of the product owner and is not guaranteed. Nothing in this policy limits any rights that consumers may have under applicable South African consumer protection legislation. Users may cancel their subscription at any time to prevent future recurring charges.

 

8. Modification of the Terms and Conditions

8.1. The app owner reserves the right to modify any of the listed Terms and Conditions at any time. After the modified Terms and Conditions is released, by continuing to use the app, the user agrees to the revised Terms and conditions. A notification email or pop-notification regarding such revisions may be sent to users, however, it is the user’s responsibility to check the Terms and Conditions periodically.

 

9. Disclaimer of Warranty

9.1. As-Is Basis: THE EAP APP is provided “as is” and “as available” without any warranties of any kind, whether express or implied. By using the app, you acknowledge that you use the app at your own discretion and risk.

9.2. Accuracy & Functionality: The app owner does not warrant the accuracy, completeness, or reliability of any content within the app. Information provided within the app is to provide helpful, general information purposes only. The app owner does not warrant that the app will meet user’s requirements or that its operation will be uninterrupted, timely, secure, or error free. Technical issues, bugs or disruptions may occur, and the app owner is not responsible for any resulting damages.

9.3. No Endorsement: The app owner does not endorse, warrant, or guarantee any third-party products or services mentioned or advertised within the app. Users are solely responsible for any interactions with third parties.

9.4. Compatibility: The app owner does not warrant that the app will be compatible with all devices, operating systems or browsers. Users are responsible for ensuring compatibility with their specific devices.

9.5. Security: While the app owner takes reasonable measures to secure the app, no guarantee is made regarding the security of user data. Users are responsible for implementing their own security measures.

9.6. Changes and updates: The app owner reserves the right to make changes, updates, or improvements to the app at any time without notice.

 

10. Disclaimer of Liability

10.1. Limitation of liability: To the fullest extent permitted by applicable law, the app owner disclaims all liability for any direct, indirect, incidental consequential or special damages arising out of our in any way connected with the use of inability to use the app.

10.2. User conduct: The app owner is not responsible for the conduct of users within the app. Users are solely responsible for their actions and the app owner disclaims any liability for user-generated content. The app owner is not responsible for any copyright infringement of others.

10.3. Technical issues: The app owner is not liable for any technical issues, data losses, system failures, or disruption that may affect the availability or functionality of the app. This includes but is not limited to server downtime, software bugs, or other unforeseen issues.

10.4. Results: The app owner does not guarantee any specific results from the use of this app. Users acknowledge that individual experiences may vary and the app owner is no liable for any dissatisfaction or lack of desired outcomes. Further, the app owner is not responsible for incorrect quotations or interpretation of any legislation made by a user.

10.5. Indemnification: By using this app, the user agrees to indemnify and hold harmless the app owner and the parties from any claims, losses, liabilities, expenses, or damages arising out of the user’s use of the app, violation of these terms or infringement of any third-party rights.

10.6. Force Majeure: The app owner is not liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war or government actions.

10.7. Disclaimer Acknowledgement: By using the app, users acknowledge that they have read, understood and agreed to this Disclaimer of Liability (along with all Terms and Conditions). If users do not agree with anything stipulated in the Disclaimer of Liability or Terms and Conditions, they should refrain from using the app.

 

 

11. Governing Law

11.1. This agreement and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any legal action or proceeding relating to this agreement or the use of THE EAP APP shall be brought exclusively in the competent courts of the Republic of South Africa. The venue for any legal proceedings shall be in the province of KwaZulu-Natal, South Africa. 

 

12. Privacy Policy

12.1. THE EAP APP’s privacy policy details how user information is used when services are being used. By making use of the app, the user agrees that their information can be processed in the ways that are set out in the Privacy Policy. 

 

13. Service Provider Details

In compliance with the Electronic Communications and Transactions Act (No. 25 of 2002, ECTA), details the EAP App service provider include the following:

Full name: Sandy Lyn van der Waal
Legal Status: Sole Proprietor
Physical Address: 38 Bergview Road, Hilton, KZN, 3245
Postal Address: 38 Bergview Road, Hilton, KZN, 3245
Contact Number: 061 997 5918
Website Address: www.theeapapp.co.za
Email Address: theeapapp@gmail.com

Description of product: Mobile phone and web application to assist with Environmental Assessment Practitioners project management.

Price of product: R199/month
Subject to annual inflationary adjustments and release of additional products
Manner of payment for product: Paystack for subscription payments and In-App purchases
Privacy Policy: Published on website
Supplier Code of Conduct: N/A
Return, Exchange and Refund Policy: N/A
Applicable terms of agreement including guarantees: N/A