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Terms of Service

1) Overview & Acceptance

These Terms of Service (“Terms”) govern your access to and use of the SAPP Learning Management Web App and mobile application, content, and services (collectively, the “Service”) provided by SAPP. By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Statement located at https://sapp.co.zw/privacy-statement.

If you are using the Service on behalf of an organisation (e.g., SAPP member utility, partner, or institution), you represent and warrant that you are authorised to bind that organisation, and “you” will refer to both you as an individual user and the organisation.

If you do not agree to these Terms, do not use the Service.

2) Eligibility

Only employees of Sapp member utilities can use this service.

3) Accounts & Registration

  • Account Creation: You must provide accurate and complete information and keep it updated.
  • Credentials: You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of unauthorised use.
  • Organisation Accounts: If your account is provisioned by an organization, that organisation may control, suspend, or terminate access and access your data, subject to applicable law and our agreement with the organisation.
  • Multi-Factor Authentication (MFA): We may require MFA. You agree to comply with our authentication requirements.

4) Acceptable Use

You agree not to:

  • violate any law, regulation, or third-party rights;
  • reverse engineer, decompile, attempt to derive source code, or bypass security;
  • upload malware, interfere with or disrupt the Service, or perform load or penetration testing without written consent;
  • misrepresent your identity or affiliation;
  • scrape, harvest, or use bots except as permitted by documented APIs;
  • post or transmit content that is unlawful, harassing, defamatory, infringing, obscene, or otherwise objectionable;
  • use the Service for cheating, misrepresenting assessment outcomes, or facilitating academic or professional dishonesty.

We shall investigate and depending on the outcome, may suspend or terminate accounts for violations. We reserve the right to suspend accounts pending investigation.

5) Learning Content & Intellectual Property

  • SAPP Content: The Service includes courses, modules, videos, documents, question banks, labs, assessments, analytics, and other content we own or license (“SAPP Content”). SAPP grants you a limited, non-exclusive, non-transferable, revocable license to access SAPP Content solely for your personal or organizational learning purposes during the subscription term, subject to these Terms and your plan’s scope.
  • Restrictions: You may not copy, distribute, modify, host, publicly display, or create derivative works from SAPP Content, except as expressly permitted in writing by SAPP or applicable open licenses stated in the content. All rights not expressly granted are reserved by SAPP and its licensors.
  • Third-Party Content: Certain content may be provided by third parties or linked from third-party services. We are not responsible for third-party content or services and disclaim liability for them. Your use is subject to their terms.

6) User Content & Feedback

  • User Content: You may submit, upload, or create content (e.g., assignments, notes, projects, forum posts). You retain ownership of your User Content. You grant SAPP a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt, display, and use User Content solely to operate, secure, and improve the Service; to support you and your organisation; and to comply with law.
  • Assessments: You agree that your submissions, attempts, scores, and certifications may be processed and shared with your organisation and, if applicable, certification bodies or assessment partners under lawful bases and our Privacy Notice.
  • Feedback: If you provide feedback, ideas, or suggestions, you grant SAPP a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

7) Assessments, Badges & Certifications

  • Integrity: You agree to follow assessment rules (e.g., no unauthorized materials, no impersonation, no sharing of answers).
  • Proctoring: Some assessments may be proctored (online or in-person). Additional terms may apply.
  • Results: We may adjust, invalidate, or revoke results for suspected misconduct or technical anomalies.
  • Credentials: Digital badges or certificates may be issued subject to verification, expiration, and revocation criteria.

8) Subscriptions, Trials & Fees (If Applicable)

  • Plans: Access may be provided under free, trial, or paid subscriptions purchased by you or your organisation.
  • Billing: Prices and billing cycles are stated at purchase. Taxes, duties, and currency conversions are your responsibility unless otherwise stated.
  • Renewals: Subscriptions renew automatically unless cancelled per the plan terms.
  • Trials: At the end of a trial, access may downgrade or terminate unless you move to a paid plan.
  • Refunds: Except where required by law or an applicable contract, fees are non-refundable.
  • Overages: Usage exceeding plan limits may incur overage charges as described in plan terms.

9) Privacy & Data Protection

  • Legal Bases: We process personal data under relevant legal bases (e.g., contract, legitimate interests, consent) as described in the Privacy Statement.
  • Local Laws: We aim to align with applicable data protection laws, including (as applicable) the Zimbabwean Cyber and Data Protection Act, 2021, for relevant users and organisations.
  • Children/Minors: If the Service is used for minors, the organisation/school represents it has obtained all necessary consents and provides appropriate notices.

10) Security

Administrative, technical, and physical safeguards designed to protect the Service and your data shall be implemented. By using the Service, you agree to indemnify the SAPP against any loss that may emanate from the usage of the Service. You agree to follow your organisation’s security policies and promptly report suspicious incidents.

11) Service Availability & Changes

  • Availability: We strive for high availability but do not guarantee uninterrupted or error-free operation. Scheduled maintenance and emergency downtime may occur.
  • Changes: We may modify features, content, or requirements; discontinue or deprecate features; or introduce new limits. If changes materially reduce the core functionality of a paid plan during a subscription term, your organisation may have remedies under its commercial agreement.

12) Beta & Pre-Release Features

We may offer beta or experimental features on an “AS IS” basis, without warranty, and they may change or be discontinued at any time. Usage may be subject to additional terms.

13) Third-Party Services & Integrations

The Service may integrate with third-party tools such as  LMS, SSO, proctoring and analytics. Use of third-party services shall be governed by their terms and privacy practices. The SAPP shall not be responsible for any third-party services and disclaims liability for their acts or omissions.

14) Intellectual Property; Infringement Claims

  • Ownership: SAPP and its licensors own the Service, SAPP Content, trademarks, logos, and all related IP.

15) Compliance, Export & Sanctions

You agree to comply with all applicable import/export, sanctions, and anti-corruption laws. You will not use the Service in prohibited jurisdictions or for prohibited end uses.

16) Term; Suspension; Termination

  • By You: You may stop using the Service at any time. For paid plans, cancellation terms are governed by you.
  • By SAPP: We may suspend or terminate access for violations, risks to the Service, non-payment, or legal requirements.
  • Effect: Upon termination, your right to access the Service ends. Certain provisions survive (e.g., IP, disclaimers, limitation of liability, indemnity, governing law).

17) Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT RESULTS WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS.

18) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAPP AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION; OR SUBSTITUTE GOODS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID TO US FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT.

19) Indemnification

By ascribing to these Terms of Service, you agree to indemnify, defend, and hold harmless SAPP and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: 

  1. use of the Service;
  2. user Content; 
  3. violation of these Terms or applicable law; or 
  4. any dispute between you and a third party.

20) Governing Law & Dispute Resolution

These Terms of Service are governed by the laws of Zimbabwe, without regard to conflict of laws principles.

Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or any breach thereof shall be resolved as follows:

a) Negotiation

The parties shall first attempt in good faith to resolve the dispute through informal negotiation within 30 days of written notice of the dispute.

b) Arbitration 

If the dispute is not resolved through negotiation, it shall be referred to binding arbitration in accordance with the Arbitration Act [Chapter 7:15] of Zimbabwe.

  • Appointing Authority: The Commercial Arbitration Centre (CAC) in Harare or another mutually agreed arbitration institution.
  • Number of Arbitrators: One (1) arbitrator, unless the parties agree otherwise.
  • Seat (venue) of Arbitration: Harare, Zimbabwe.
  • Language: English.
  • Final & Binding: The arbitrator’s award shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

c) Court Relief (Other SAPP documents)

Either party may seek temporary or permanent injunctive or equitable relief in a court of competent jurisdiction in Zimbabwe solely to protect:

  • intellectual property rights,
  • confidential information, or
  • proprietary data.

d) Class Action Waiver

To the maximum extent permitted by law, disputes shall be resolved individually, and you agree not to participate in any class action, class arbitration, or representative action against SAPP.

21) Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide notice (e.g., via the Service or email). Changes are effective on the stated effective date. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

22) Communications; Notices

By using the Service, you consent to receive administrative and transactional communications. 

Formal notices to SAPP must be sent to:
Legal Notices: info@sapp.co.zw
Data Protection: info@sapp.co.zw

23) Miscellaneous

  • Entire Agreement: These Terms, the Privacy Notice, Zimbabwean Cyber and Data Protection Act of 2021 (if applicable), and any order forms constitute the entire agreement regarding the Service.
  • Order of Precedence: If there is a conflict, the following order controls: 
  1.  Zimbabwean Law
  2.  these Terms; 
  3. Privacy Statement.
  • Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • Severability: If any provision is unenforceable, the remainder remains in effect.
  • Waiver: 

A waiver at any time by a Party of some or all of its rights with respect to a default or with respect to any other matter arising in connection with this Agreement, shall not be deemed to be a waiver of a Party’s right in any further default by the defaulting Party or with respect to any such other matter arising in connection with this Agreement thereafter

  • Force Majeure: 

Force Majeure shall mean any overwhelming occurrence or event which could not reasonably have been foreseen, prevented or guarded against by a Party including but not limited to the following –

  1. war, whether declared or not, civil war, blockage, civil commotion, riots, revolution, insurrection or acts of sabotage;
  2. Acts of God or natural disasters such as violent storms, cyclones, earthquakes, tidal waves, floods, damage or destruction by lighting and droughts;
  3. explosions, fires and damage or destruction of machinery or installations;
  4. boycotts, strikes, lock-outs or other similar work stoppages by employees which are not caused by unreasonable actions on the part of a Party to this Agreement.

No Party to this Agreement shall be liable for failure to perform any of its obligations under this Agreement, except in relation to the payment of settlement amount, insofar as such failure or impediment in performance is attributed to or was occasioned by a force majeure event.

Relief from liability for non-performance on account of force majeure shall commence on the date upon which the Party seeking relief gives notice of the impeding event of force majeure being relied upon, and shall terminate on the date when the impediment ceases to exist.   Provided that such Party shall be relieved from liability for non-performance of an obligation affected by an event of force majeure only, and not from any other obligation.

Force majeure events do not include shortage of cash or anything reasonably attributable to, or preventable by a Party’s own actions. 

  • No Third-Party Beneficiaries: Except as expressly stated, no third party has rights under these Terms.
  • Headings: Headings are for convenience only.

24) Definitions

  • “Organisation” means a company, institution, or entity administering users’ access to the Service.
  • “Personal Data” means information relating to an identified or identifiable natural person.
  • “SAPP Content” means content owned or licensed by SAPP made available through the Service.
  • “User Content” means content submitted or created by users within the Service.