1. GENERAL

 

1.1 Please read these Terms and Conditions carefully before using the Giddy Up mobile application (“the App”). By registering as a user, uploading data, or otherwise using the App, you agree to be bound by these Terms and Conditions.

1.2 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to request clarification from Giddy Up before continuing to use the App.

1.3 Giddy Up permits the use of this App subject to these Terms and Conditions and all applicable South African laws, including but not limited to the Protection of Personal Information Act, 2013 (“POPIA”). If you do not agree to these Terms and Conditions, you must not use the App.

 

2. REGISTRATION AND USE OF THE APP

 

2.1 In order to use certain features of the App, you must create an account and provide accurate, current, and complete information.

2.2 You are responsible for maintaining the confidentiality of your login details (username and password) and for all activities that occur under your account. If you suspect unauthorised access, you must notify Giddy Up immediately.

2.3 You warrant that you are 18 years or older and have the legal capacity to enter into this Agreement. If you are under 18, you may only use the App with the supervision and consent of a parent or legal guardian, who accepts responsibility for your conduct and obligations.

2.4 You may not use the App for any unlawful purposes, including uploading, transmitting, or distributing any defamatory, offensive, harmful, or otherwise prohibited content.

2.5 You agree not to reverse engineer, modify, or exploit the App in any unauthorised manner.

2.6 Giddy Up reserves the right to suspend or terminate any account that breaches these Terms and Conditions or any applicable laws.

 

3. DATA COLLECTION, PRIVACY AND POPIA COMPLIANCE

 

3.1 By using the App, you consent to the collection and processing of your personal information and the data you upload (including horse health records, event participation details, insurance information, etc.) in accordance with POPIA.

3.2 Personal information will be collected for purposes including, but not limited to:

3.2.1 User account creation and authentication

3.2.2 Facilitating communication between horse owners, insurers, vets, and event organisers;

3.2.3 Providing requested services; and

3.2.4 Compliance with legal obligations.

3.3 Giddy Up will take appropriate, reasonable technical and organisational measures to protect your personal information against loss, damage, unauthorised access, and misuse.

3.4 Your data will not be shared with third parties except where:

3.4.1 Necessary to provide services requested through the App (e.g., sharing health data with a vet, or horse details with an event organiser);

3.4.2 Required by law, or
3.4.3 You have expressly consented to such sharing.

3.5 You have the right under POPIA to:

3.5.1 Access and request a copy of your personal information held by Giddy Up;

3.5.2 Request correction or deletion of inaccurate, irrelevant, or excessive data,

3.5.3 Object to the processing of your personal information in certain circumstances.

3.6 By uploading data, you confirm that you have the necessary rights and consents to share that data (including personal information of third parties, where applicable). You indemnify Giddy Up against any claims arising from unauthorised or unlawful data uploads.

 

 

4. SERVICE USE AND AVAILABILITY

 

4.1 While Giddy Up strives to provide a reliable service, the App may occasionally be unavailable due to maintenance, technical issues, or circumstances beyond our control.

4.2 Giddy Up does not guarantee that the App will be free from errors, viruses, or other harmful components.

 

5. FEES AND PAYMENTS

 

5.1 Certain services within the App may be subject to subscription fees or service charges. Users will be informed of applicable charges before confirming payment.

5.2 Payments must be made through the approved payment gateways integrated into the App. All transactions are encrypted for security.

 

6. LIMITATION OF LIABILITY

 

6.1 Giddy Up provides the App on an “as is” and “as available” basis.

6.2 To the maximum extent permitted by South African law, Giddy Up shall not be liable for any direct, indirect, incidental, or consequential damages arising from:

6.2.1 The use of or inability to use the App;

6.2.2 The accuracy, completeness, or reliability of data uploaded by users;

6.2.3 The acts or omissions of third parties (including vets, insurers, event organisers, or other users).

 

7. GOVERNING LAW

 

7.1 These Terms and Conditions are governed by the laws of South Africa.

7.2 Any dispute shall be subject to the jurisdiction of the South African courts.

 

8. MODIFICATIONS TO THESE TERMS

 

8.1 Giddy Up may amend these Terms and Conditions at any time. Updates will be published within the App or communicated via email.

8.2 Continued use of the App after such changes constitutes acceptance of the updated Terms and Conditions.