mibli TERMS AND CONDITIONS OF USE AND ACCESS
THESE TERMS AND CONDITIONS ARE VALID, BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE WEBSITE, INCLUDING ANY LINKS THEREON; USE THE SERVICES AND/OR SOFTWARE; DOWNLOAD AND/OR INSTALL THE SOFTWARE; AND/OR PARTICIPATE IN THE FORUM.
SHOULD YOU NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ENGAGE IN ANY OF THE ACTIONS LISTED IMMEDIATELY ABOVE, AS ENGAGING IN ANY SUCH ACTIONS SHALL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
1. DEFINITIONS AND INTERPRETATION
In this agreement and the schedules thereto -
1.1 clause headings are for convenience and shall not be used in its interpretation;
1.2. unless the context clearly indicates a contrary intention -
1.2.1 an expression which denotes -
1.2.1.1 any gender includes the other gender;
1.2.1.2 a natural person includes an artificial person and vice versa;
1.2.1.3 the singular includes the plural and vice versa;
1.2.2 the following expressions as appear in the Agreement shall bear the meanings assigned to them below -
1.2.2.1 "Agreement" means the terms and conditions of access and use and contained in this document;
1.2.2.2 "Forum" means the discussion forum available on the Website http://www.mibli.com;
1.2.2.3 "Java" means the object-oriented programming language developed by Sun Microsystems, Inc;
1.2.2.4 "mibli" means Blue Label One (Pty) Ltd (company registration number 2005/033903/07), trading as "The Mobile Services Company";
1.2.2.5 "Parties" means mibli and the User collectively;
1.2.2.6 "Prescribed Actions" means the accessing of the Website, including any links thereon; use of the Services and/or Software; downloading and/or installing the Software; and/or participation in the Forum;
1.2.2.7 "Services" means the services available via the Website and the Software, which shall include mobile instant messaging, group chat as well the downloading of the Software;
1.2.2.8 "Software" means the basic JAVA application that resides on a cellular telephone which enables use of the Services and which is available free of charge;
1.2.2.9 "User" means any person who engages in any one or all of the Prescribed Actions; and
1.2.2.10 "Website" means the mibli website, viz. www.mibli.com, including all Services available via the mibli website, all software available from the mibli website, any discussion forum(s) available on the mibli website, and any and all related images, text video, source code, meta tags, forum postings as well as all parts thereof.
2. LICENSE AND SCOPE OF LICENCE
2.1 mibli grants to the User a non-exclusive and non-transferable license to engage in the Prescribed Actions, which licence may be revoked at any time at mibli‘s sole and absolute discretion.
2.2 The licence granted in terms of 2.1 above is subject to the following conditions:
2.2.1 that the User does not engage in the Prescribed Actions:
2.2.1.1 for commercial gain;
2.2.1.2 to conduct any illicit or illegal activity ; or
2.2.1.3 to send any unsolicited commercial communications.
2.3 In no event shall mibli and/or any of its subsidiaries and/or any of its affiliates and/or any of its agents and/or an of its employees and/or any of its holding companies from time to time be in any way liable to any User or any third party for any adverse results whatsoever, including but not limited to any injury and/or loss and/or expense and/or damages " consequential, special, or otherwise " of any kind whatsoever suffered or incurred by any person and howsoever occurring, that may occur as a result of any User engaging in any of the Prescribed Actions or any User‘s inability to engage in any of the Prescribed Actions.
2.4 mibli reserves the right at its sole and absolute discretion to alter, modify, update, suspend or withdraw the Website, Software, Services and/or the Forum or any part of any of them at any time, or to alter this Agreement at any time without prior notice or justification.
2.5 No framing of the Website shall be allowed.
2.6 No use or attempt to use any applications so as to search, collect or copy any content from the Website for any purpose whatsoever shall be allowed.
2.7 The User agrees to receive third party advertisements.
3. INTELLECTUAL PROPERTY RIGHTS
The Website, Software, Services, and Forum, as well as their entire contents from time to time, and including each and every part of all of them, are proprietary to mibli.
4. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
4.1 FULL NAME AND LEGAL STATUS OF WEBSITE OWNER
Blue Label One (Pty) Ltd, trading as "The Mobile Services Company"
4.2 PHYSICAL ADDRESS
75 Grayston Drive, Sandton, 2196
4.3 POSTAL ADDRESS
P.O.Box 652261, Benmore, 2010
4.4 TELEPHONE NUMBER
0860 4 mibli
4.5 WEBSITE ADDRESS
www.mibli.com
4.6 EMAIL ADDRESS
Available on request. For support, use 0860 4 mibli
4.7 MEMBERSHIP OF SELF-REGULATORY BODIES
Not applicable
4.8 CODE OF CONDUCT
Not applicable
4.9 REGISTRATION NUMBER
2005/033903/07
4.10 VAT REGISTRATION NUMBER
4950238313
4.11 OFFICE BEARERS
Dr David Fraser and Dr Angelo Roussos
4.12 PLACE OF REGISTRATION
Republic of South Africa
4.13 PHYSICAL ADDRESS FOR RECEIPT OF LEGAL SERVICE
75 Grayston Drive, Sandton, 2196
4.14 GOODS AND SERVICES
Mobile messaging software download; miscellaneous services
4.15 PRICE OF GOODS AND SERVICES
Downloading and installation of Software is free of charge. Any costs levied in respect of Services are detailed on the relevant pages.
4.16 MANNER OF PAYMENT
Services are paid for via electronic purse ("ePurse"), which may be loaded with value through vouchers purchased from miscellaneous points of sale.
4.17 TERMS OF AGREEMENT
The terms of agreement are contained in this document.
4.18 TIME OF DISPATCH OF GOODS/DELIVERY OF SERVICES
Dispatch and delivery are immediate.
4.19 MANNER IN WHICH CONSUMERS MAY ACCESS RECORDS OF TRANSACTIONS
This may be accessed via ePurse.
4.20 RETURN, EXCHANGE AND REFUND POLICY
No exchanges, returns or refunds are allowed.
4.21 ALTERNATIVE DISPUTE RESOLUTION
All disputes relating to or arising from the Website, Software, Service, Forum or this Agreement shall be subject to arbitration. Such arbitration shall be conducted in Johannesburg, in English, and in accordance with the relevant legislation as well as the rules of the Arbitration Foundation of South Africa (www.arbitration.co.za). The ruling of the arbitrator shall be final. This clause shall not affect any rights to claim urgent and/or interim relief.
4.22 COMPLAINTS
0860 4 mibli
4.23 SECURITY PROCEDURES
Security is achieved via authentication and encryption protocols. Access is also controlled via username and password and/or personal identification number.
4.24 PRIVACY POLICY
For the purposes of this clause, "personal information" shall be defined as set out in the Promotion of Access to Information Act, No. 2 of 2000.
mibli may electronically collect, store, and/or use the following information pertaining to the User:
a. name and surname;
b. street address;
c. postal address;
d. title;
e. telephone numbers;
f. non-personal browsing habits and click patterns;
g. email addresses; and/o
h. IP addresses.
i. You agree that by using the mibli application, you consent to being provided information, and/or being contacted by mibli in respect of products that may be of interest to you;
mibli may collect, store, and/or use the abovementioned information for the following purposes:
i. dispatching information requested by a User to such User;
ii. facilitate the Services;
iii. initiate the Software
iv. validate the identity of the User;
v. enable access by the User to restricted content; and/or
vi. compiling non-personal statistical information about browsing habits click-patterns, and access to the Site.
This information is collected electronically via the use of cookies or directly volunteered by the User. Any User may allow or restrict cookie use through their browser settings.
mibli may collect, maintain, save, compile, share, disclose, and/or sell any information collected from any User, subject to the following:
I. it shall not disclose personal information pertaining to any User to any third party unless that User has consented thereto;
II. it shall only disclose personal information pertaining to any User without the consent of that User when compelled to do so by law or court order; and
III. it may compile, use, and/or share any information that does not relate to any specific individual or entity.
mibli shall own and retain all rights in and to any non-personal statistical information as set out in this clause that may be collected and compiled by it.
4.25 DURATION OF AGREEMENT
This Agreement shall subsist until cancelled by either of the Parties.
4.26 COOLING OFF RIGHTS
Section 44 of the ECT Act do not apply vis-à-vis purchases via ePurse due to sections 42(2)(d), 42(2)(f)(iii) and 42(2)(g) of the ECT Act.
5. FORUM DISCUSSIONS AND CONTRIBUTIONS
5.1 Users may participate in the Forum subject once they have registered.
5.2 Any content or materials posted to the Forum deemed inappropriate by mibli may be edited or otherwise removed from the Forum, either action at mibli‘s sole and absolute discretion.
5.3 Users hereby exclusively licenses mibli to distribute, publish, store or in any other manner to deal with, any and all content and/or material that such Users may post to the Forum, and such Users in addition waive all moral rights attached to such content and/or material.
5.4 Users hereby hold mibli, its subsidiaries, affiliates, employees and holding companies harmless against any adverse results whatsoever, including but not limited to any injury and/or loss and/or expense and/or damages " consequential, special, or otherwise " of any kind whatsoever suffered or incurred by any person and howsoever occurring, that may occur as a result of the participation of such Users in the Forum.
6. HYPERLINKS TO THIRD PARTY SITES
6.1 From time to time, hyperlinks may exist on the Website to the web sites of third parties. The web sites of such third parties are not proprietary to mibli or, nor does mibli or any of its subsidiaries or any of its affiliates or any of its holding companies exercise any measure of control over such third party web sites.
6.2 Accordingly, mibli nor any of its subsidiaries nor any of its affiliates nor any of its holding companies makes no representations whatsoever as to the accuracy or any other aspect of the information contained on such third party web sites, nor as to the availability or any other aspect of the services offered on such third party web sites.
7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1 Neither mibli, its affiliates, agents, employees nor its holdings companies from time to time shall be liable for any adverse results whatsoever, including but not limited to any injury and/or loss and/or expense and/or damages " consequential, special, or otherwise " of any kind whatsoever that may be suffered or incurred by any User or a third party, that may result from any cause whatsoever as may be  related to the Website, Software, Services or Forum.
7.2 The User acknowledges and affirms that the Website, Software, Services and Forum are provided on an "as is" basis, and that mibli does not warrant or represent that its Website, Software, Services and/or Forum are completely secure.
8. GENERAL
8.1 The Website, Software, Services and Forum are hosted, controlled and/or operated from within the Republic of South Africa and as such the law of the Republic of South Africa shall apply as regarding this agreement as well as any and all matters as arising from the Website, Software, Services and/or Forum.
8.2 This document constitutes the sole record of the agreement as between the Parties in relation to its subject matter, and the User acknowledges and affirms that mibli shall not be bound by any representation, warranty, promise or the like not recorded herein.
8.3 No indulgence which mibli may grant to a User with regard to any of mibli‘s rights, under this Agreement or in law, shall constitute a waiver of any of mibli‘s rights, whether under this Agreement or in law, and mibli shall not thereby be precluded from exercising any rights against such User.
8.4 Notwithstanding that any provision of this Agreement may prove to be illegal or unenforceable, the remaining provisions of this Agreement shall continue to be of full force and effect.
miLOCATE™
TERMS & CONDITIONS
ACCEPTANCE
By registering to use the Service you are deemed to have accepted these terms and conditions and agree to be bound by them. Blue Label One (Pty) Ltd reserves the right to amend these terms and conditions from time to time as it may deem fit and without notice to You.
DEFINITIONS
Unless the context otherwise requires, the following terms shall have the following meanings in these terms and conditions:
“Accuracy” means the accuracy within which a Locatable Cell Phone may be Located using the Service;
“Blue Label One” means Blue Label One (Pty) Ltd trading as Mobile Services Company, a company registered in South Africa, registration number: 2005/033903/07, which has as its registered address, 3rd Floor, 112 Pybus Road, Sandton,2196;
“Charges” means any and all fees payable by You in connection with the Service;
“Consent” written (as set out in section 12 of the ECT Act) consent from a Locatable User to allow information relating to the Location of a Locatable Cell Phone to be sent to the Locating User;
“Date of Registration” means the date upon which the Locating User is entitled to commence using the Service;
“ECT Act” Electronic Communications and Transactions Act No. 25 of 2002;
“IMP Act” means the Interception and Monitoring Prohibition Act (Act 127 of 1992), as amended;
“Inappropriate Use” means any use of the Service for illegal purposes or for any purposes as may reasonably be determined by Blue Label One to be violating the rights and/or dignity of any individual or entity, including but not limited to any and all rights of privacy, any intellectual property rights (including but not limited to trademark or copyright), as well as any use that could reasonably be interpreted as defamatory, libellous, offensive, discriminatory or intimidating;
“Locatable Cell Phone” means a cell phone number registered to be Located by a Locating User, and which is owned or bona fide possessed by a Locatable User;
“Locatable User” means the owner or bona fide possessor of a Locatable Cell Phone who has consented to being their Locatable Cell Phone to be Located by the Locating User;
“Locate” or “Located” means the process of locating a Locatable Cell Phone by means of the Service;
“Locating Phone” means a cell or fixed line telephone number registered with the Service by a Locating User;
“Locating User” means a person wishing to locate a Locatable Cell Phone and who has registered with the Service;
“Location” means the approximate centre of the cell area that is providing coverage to the Locatable Cell Phone;
“Location Request” means a request submitted by a Locating User to Locate a Locatable Cell Phone;
“Location Rights” means the right to Locate a Locatable Cell Phone which is conferred upon a Locating User;
“Network Operators” means a mobile cellular telecommunications service licensee issued with a license to provide mobile cellular telecommunications services pursuant to s37 of the Telecommunications Act read with s92(1) and s95(2) of the ECA;;
“PIN” means a unique 4-digit personal identification number required for the purposes of using the Service via the internet;
“RIC Act” means the Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002, as amended;
“Service” means a Location based service known as miLOCATE™ which will inform a Locating User of the Location of a Locatable Cell Phone;
“Subscription” means use of the Service by a Locating Users to locate ten Locatable Cell Phones for a period of 30 (thirty) calendar days as from Date of Registration in return for payment of the Charges;
“Username” means the cell number of the Locating User;
“Website” means the website with its current address being www.mibli.com or such other website as may be owned and/or operated by Blue Label One in connection with the Service from time to time; and
“You” or “Your” means the account holder who has registered for the Service as a Locating User.
1. SERVICE TO BE SUPPLIED
1.1. In consideration of payment by You of the Charges, Blue Label One agrees to provide the Service to You subject to these terms and conditions.
1.2. The Network Operators may Locate the Locatable Cell Phones and provide such Locations to Blue Label One, who in turn may then provide that Location to You as the Locating User, provided that a valid request has been received from you to Locate the Locatable Cell Phone and further provided that the Locatable User has given Consent for his/her Locatable Cell Phone to be Located by granting Location Rights to You.
1.3. In making use of the Services, You hereby acknowledge, understand and accept that Blue Label One is not acting as an agent or sub-contractor on behalf of any of the Network Operators, but is the principal contracting entity with You.
2. YOUR WARRANTIES AND OBLIGATIONS
2.1. You warrant that you are at least 18 years old. You hereby grant such Consent as may be necessary for Blue Label One to verify this information with the appropriate entities.
2.2. You warrant that you are the owner or bona fide possessor of the Locating Phone and registered SIM. You hereby grant such Consent as may be necessary for Blue Label One to verify this information with the appropriate entities.
2.3. You agree to comply at all times with each and every part of these terms and conditions in relation to Your use of the Service.
2.4. Your Username and PIN are personal to You and not transferable. As such, You shall not disclose same to a third party or to allow a third party to use the Service using Your Username.
2.5. You agree to inform each Locatable User that their Locatable Cell Phones have been registered by You as such and You are solely responsible to ensure that the Locatable User grants his/her Consent for his/her Locatable Cell Phone to be Located prior to the Service being available in respect of such Locatable Cell Phone, and Blue Label One shall not be liable in any regard for any failure of any Locatable User to grant such consent.
2.6. You agree that the Service will not be available in respect of any Locatable Cell Phone of any Locatable User until such Locatable User has given his/her Consent for his/her Locatable Cell Phone to be Located by You.
2.7. You acknowledge that all Locatable Users have the right to withdraw their Consent at any time and that Blue Label One shall be bound to comply with any such withdrawal of Consent with immediate effect.
2.8. You agree that You shall be responsible for any and all costs that may arise with regard to the a Locatable User withdrawing his/her Consent.
2.9. You agree to inform Blue Label One of any changes as regarding any and all information held by it with regard to You and/or any Locatable User and that all such information which you have provided is both true and correct.
2.10. This Service is only valid within the Republic of South Africa.
2.11. You acknowledge and accept that Blue Label One does not guarantee the Accuracy of the Service and shall not be liable for any lack thereof. You acknowledge and accept that availability, quality and coverage of the Service may be limited from time to time and further, that the Services may from time to time be unavailable and/or adversely affected as a result of inter alia physical features such as buildings and underpasses, as well as atmospheric conditions and other general causes of interference.
3. OBLIGATIONS OF BLUE LABEL ONE
3.1. Blue Label One shall supply the Service to You subject to the terms and conditions as contained herein.
3.2. Following Your Registration as a Locating User, Blue Label One will acknowledge Your unique Username and PIN and open an account for You.
3.3. Blue Label One may provide You with support, via the Website or a telephone helpline, in connection with the Services during normal business hours.
3.4. Blue Label One reserves the right to withhold the Location of a Locatable Cell Phone in response to a request from a Locatable User in its sole and absolute discretion, and shall not be held liable in any manner whatsoever to the Locatable User, Locating User or any other party whatsoever in such regard.
3.5. Blue Label One does not warrant that any Locatable Cell Phone or Locatable User is capable of being Located by means of the Service, and shall not be held liable in any manner whatsoever to the Locatable User, Locating User or any other party whatsoever in such regard.
4. CONSENT TO RECEIPT OF COMMERCIAL COMMUNICATIONS
By registering for the Service, You hereby consent to being contacted by Blue Label One, its holding company, its affiliates and/or its sister companies from time to time with regard to inter alia new products and/or services that may be offered by Blue Label One, its holding company, its affiliates and/or its sister companies from time to time.
5. CONSENT OF THE LOCATABLE USER
5.1. Without derogating from the provisions of clauses 2.5, 2.6 and 2.7 above, Blue Label One shall on Your behalf contact all Locatable Users directly by SMS to invite them to register as Locatable Users and provide Consent for the Locating User. Blue Label One shall not be held liable for any failure by Locatable Users to provide valid Consent.
5.2. Blue Label One will contact each Locatable User by SMS every calendar month period of active Location Requests throughout the duration of the Subscription to remind the Locatable User’s of his/her Locating Users.
5.3. Locatable Users will be given the option to opt out of the Service at any time via USSD or SMS.
5.4. Blue Label One shall comply with all requests submitted by Locatable Users to withdraw from the Service and shall notify You of such withdrawal.
6. LOCATING MINORS
6.1. You agree not to send a Location Request to or to Locate any person under the age of 18 years without the prior and express written consent of their legal guardian.
6.2. By granting Location Rights, You warrant that you are at least 18 years old or are duly assisted by Your legal guardian.
7. COSTS
7.1. See tariffs schedule available at www.mibli.com or by dialling the support call centre on 0860 105 77;
7.2 All Charges are inclusive of VAT and subject to change from time to time without prior notice.
8. NON-LIABILITY AND INDEMNITY
Neither Blue Label One nor its holding company or any of its affiliates or sister companies or Networks or any of their respective shareholders, directors, employees or agents shall be liable to You or to any Locatable User or any third party whosoever in any manner whatsoever for any losses, expenses, costs or damages of whatsoever nature as may be incurred or suffered by You or any Locatable User or any third party whosoever, whether directly or indirectly, in any relation whatsoever to Your usage of the Service or any non-availability of the Service or in any other manner whatsoever in relation to the Service. You accordingly hereby indemnify Blue Label One, its holding company, its affiliates, its sister companies, Networks, as well as all of their respective shareholders, directors, employees or agents (“Indemnified Parties”), and shall keep such Indemnified Parties harmless at all times, as against any and all liability, loss (including consequential loss), costs and/or damages whatsoever and howsoever arising, as may be suffered by You, any Locatable User, or any third party as arising from or in connection with the Service, whether or not attributable to any act or omission of the Indemnified Parties, negligent or otherwise.
9. TERM & TERMINATION
9.1. Blue Label One reserves the right to discontinue or amend or alter the Service or any part thereof at any time and without any notice to You.
9.2. Your Subscription shall terminate immediately should you be in breach of any of the terms or conditions as set out herein at any time, or should you be in breach of any of your warranties as set out herein at any time.
9.3. Blue Label One may in its sole and absolute discretion notify You and/or all Locatable Users who have consented for their Locatable Cell Phones to be located by You in the event of such termination but it shall not obligated to do so.
10. GENERAL
10.1. The failure by Blue Label One to exercise and/or any delay by Blue Label One in exercising any right, power, or privilege that it may have in terms of these terms and conditions shall not operate as a waiver of such right, power, or privilege, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of same, or the exercise of any other right, power or privilege.
10.2. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, then the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
10.3. The Services are intended for use within the Republic of South Africa only. These terms and conditions shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
10.4. These terms and conditions shall contain the sole agreement as between You and Blue Label One in relation to its subject matter.
10.5. Any complaints and queries which You may have should be directed to our customer service division on 0860 105 774 or at www.mibli.com as specified on the Website from time to time. If the complaint cannot be resolved within 10 (ten) working days after having been referred to the customer service division, the dispute will be referred to arbitration in terms of the rules of the Arbitration Foundation of Southern Africa (“AFSA”). The arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration. Only You and your representative(s) and Blue Label One and its representative(s) may attend the arbitration. Both You and Blue Label One shall keep the fact that a dispute has arisen, the record of the arbitration proceedings as well as the arbitrator's decision, confidential. Notwithstanding the above provisions, we retain the right to institute action in any court of law with jurisdiction to obtain urgent, interim relief or to collect outstanding debts due and payable by You.
miWALLET™
TERMS & CONDITION
1. Your acceptance of these Terms of Use
1.1. In these Terms of Use:
1.1.1. "MobiWallet", "we", "our" and "us" means MobiWallet, a division of Blue Label One (Proprietary) Limited, registration number, 2005/033903/07, registered in the Republic of South Africa;
1.1.2. "MobiWallet phone application" means the application downloaded onto your mobile phone in order for you to register as a user and enabling you to access the MobiWallet service via your mobile phone;
1.1.3. "MobiWallet service" means the service made available by us by means of which you are able to make and receive payments, request payments from third parties and purchase products from MobiWallet via the MobiWallet phone application, whose service is more fully described in paragraph 5 below;
1.1.4. "MobiWallet website" the website at www.mibli.com/mobiWallet
1.1.5. "use" means to use, access, refer to, view, receive or make payments via the MobiWallet service; and
1.1.6. "user" means a user registered with MobiWallet to use the MobiWallet service.
1.1.7. "you" and "your" means any person who registers to use the MobiWallet service.
1.2. Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases not defined in these Terms of Use but defined in the Electronic Communications and Transactions Act 25 of 2002 ("the ECT Act") will bear the same meaning given to them in the ECT Act.
1.3. The Terms of Use and any additional document we incorporate by reference shall apply to you when you use the MobiWallet service.
2. Your agreement to comply with these Terms of Use
2.1. You agree that:
2.1.1. selecting "I Agree" and registering for the MobiWallet service via the MobiWallet phone application signifies your agreement to comply with all of the terms and conditions of these Terms of Use; and
2.1.2. we may, at any time, amend or introduce additional terms and conditions relating to the MobiWallet service, any other service, content, products, facilities or functionality which is made available by us by way of the MobiWallet service. You will be notified of such amendments or additional terms and conditions in the manner provided for in paragraph 18.2.
3. If you do not agree to these Terms of Use you must not continue to register for the MobiWallet service and not make use of the MobiWallet service.
4. These Terms of Use are available on the MobiWallet application, wap site and/or website and you may print a copy of these Terms of Use from the MobiWallet website. If you have any difficulty printing these Terms of Use or require assistance in obtaining a hard copy or electronic copy of these Terms of Use, you should contact our support team using the 'talk to us' function on the MobiWallet phone application.
5. Registration for the MobiWallet service
5.1. The MobiWallet service is a payment service offered by us and designed to assist you to make purchases, as well as make payments to, accept payments from, and request payments from other users via your mobile phone.
5.2. Only users who have registered may make use of the MobiWallet service either via the MobiWallet phone application or the MobiWallet website. To register for and use the MobiWallet service, you will be required to:
5.2.1. download onto your mobile phone the MobiWallet application;
5.2.2. agree to these Terms of Use via the MobiWallet phone application;
5.2.3. provide us with all the information required by us to make and receive payments on your behalf, including but not limited to, (i) your mobile phone number; (ii) your credit card and/or web wallet details, if any, against which payments shall be processed; and (iii) a bank account, if any, into which payment shall be paid; and
5.2.4. validate your credit card details (if any) using the credit card validation procedure outlined in paragraph 8.
5.3. Upon registration for the MobiWallet service:
5.3.1. you will be requested to create a unique password, of your choice, which shall be no less than 5 and no more than 12 alpha numeric characters; and
5.3.2. your mobile phone number will be linked to either to your credit card and/or web wallet and/or bank account;
5.3.3. you will only be able to access the MobiWallet service by entering your unique password into the MobiWallet phone application downloaded onto your mobile phone, or your mobile phone number and unique password into the MobiWallet web site.
5.4. Should your mobile phone number change, a third party may not register your previous mobile phone number with us for a period of 28 days following your registration of your new mobile phone number with us.
5.5. You will only be required to enter your password when logging into the MobiWallet phone application or onto the MobiWallet website. In no other circumstances will we request you to disclose your password via email, SMS, phone or any other method. You must not provide your password to anyone. You are solely responsible for keeping your password secret. In this regard, you will be solely responsible for any loss you may suffer should any other person use or have access to your password.
6. Authorisation
You hereby authorise us to access your credit card and bank account nominated by you for the purposes of processing payments on your behalf and in so doing, you acknowledge that we act as your agent.
7. The MobiWallet service
7.1. When you issue a payment instruction to us via the MobiWallet phone application or the MobiWallet website in order to make a payment of an amount to a third party who is not a user, you will be required to provide us with that third party's mobile phone number and authorise us to facilitate the transmission of an SMS to such third party informing the third party that: (i) a payment has been made by you via the MobiWallet service; (ii) MobiWallet is the agent facilitating such payment; and (iii) pending such third party's registration as a user, payment will be made to such third party. On receipt by us of a payment instruction from you, we will process the payment instruction against your credit card pending the third party's registration as a user.
7.2. If the third party does not register as a user within 30 days of our receipt of your payment instruction, the payment instruction processed against your credit card will be reversed. We will notify you via SMS that the payment instruction could not be concluded.
7.3. Where a third party registers as a user within the prescribed period of 30 days, the payment instruction processed against your credit card will be paid into the user's nominated bank account.
7.4. When you issue a payment instruction to us via the MobiWallet phone application or the MobiWallet website in order to make payment of an amount to another user, we will process such payment instruction against your credit card and pay the amount into the user's nominated bank.
7.5. Where you instruct us, via the MobiWallet service, to notify another user to make payment to you of a specified amount, we will notify such user, via SMS, of the amount payable and request that the user authorise us, via the MobiWallet service, to make the payment to you on the user's behalf. Upon receipt by us of such authorisation, we will process the payment instruction against the users' nominated credit card and pay the amount into your bank account.
7.6. Where you instruct us, via the MobiWallet service, to notify a third party who is not registered as a user to use the MobiWallet service, we will notify the third party, via SMS, of the payment request. We advise the third party that he/she may register to use the MobiWallet service and make payment of the amount using the MobiWallet service.
7.7. You may purchase cellular airtime directly from us via the MobiWallet service. On us concluding the payment instruction against your credit card in our favour, we will send you the airtime token via SMS or load the purchased airtime directly onto your mobile phone.
8. Identity authentication and credit card validation process
8.1. By your acceptance of these Terms of Use, you authorise us to make any inquiries we consider necessary to validate your identity, including making enquiries at any credit bureau.
8.2. You authorise us, upon your registration of a credit card, to process a transaction against your credit card of a random amount of no more than R10.00.
8.3. The next time you login to use the MobiWallet phone service, you will be requested to confirm the random amount processed against your credit card. You will be repeatedly requested to confirm such amount each time you login to use the MobiWallet service until you complete the validation process, at which time we will reverse the transaction.
If you make payments utilising the MobiWallet service without completing the validation process, your payments in aggregate, will be limited to the credit card validation threshold. This threshold can be viewed on the screen displayed after login, requesting the validation amount to be entered. Once you have reached the validation limit without confirming the random amount processed against your credit card, your ability to make further payments via the MobiWallet service will be suspended, pending your completion of the validation process.
You will however be entitled to receive payments and make requests for payments via the MobiWallet service. Once the validation process has been completed, you will again be entitled to make payments via the MobiWallet service, up to the limit imposed on your credit card.
9. Locking your use of the MobiWallet service
9.1. You may lock your access to the MobiWallet service and your ability to make payments using the MobiWallet service at any time for any reason including if you lose your phone or you suspect that your password has been comprised. You may do so by:
9.1.1. calling our support team on 0860 464 254 and telephonically requesting us to suspend your access to the MobiWallet service; or
9.1.2. personally suspending your access to the MobiWallet service on the MobiWallet website.
10. Privacy policy and security
10.1. We recognise the importance of protecting your privacy in respect of the personal information collected by us when you register for the MobiWallet service. We will attempt to limit the types of personal information we collect to only that to which you consent and which is necessary for the purposes of providing you with access to the MobiWallet service.
10.2. In adopting this privacy policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take reasonable steps to prevent unauthorised access to, or unauthorised disclosure of, your personal information.
10.3. Whilst we will attempt not to disclose any of your personal information to third parties, except when we have your permission or for purposes of our legitimate business interests, you hereby agree that your personal information may be shared with (amongst others) the following parties:
10.3.1. our holding companies, subsidiary companies, agents, advisers, and service providers;
10.3.2. any party involved in providing the MobiWallet service;
10.3.3. data processors; and
10.3.4. government and law enforcement agencies, where we are required by law to disclose your personal information to a party, and where we have reason to believe that a disclosure of personal information is necessary to identify, contact or bring legal action against a party who may be in breach of these Terms of Use, or may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users or anyone else that could be harmed by such activities.
10.4. In order to ensure the security of the personal information provided by you and to guard against unauthorised use of the MobiWallet service, we:
10.4.1. link and verify the mobile phone number entered by you when you registered for the MobiWallet service to the mobile phone used by you to download the MobiWallet phone application;
10.4.2. request that you enter your password each time you login to use the MobiWallet service; and
10.4.3. undertake the credit card validation process set out in paragraph 7, if applicable.
10.5. In order to protect your interests, we will closely scrutinise the payments made by you to prevent and safeguard against any fraudulent activities.
10.6. In the event that you: (i) reset your password after suspension; or (ii) purchase or acquire a new mobile phone or SIM card, we will require that you complete the credit card validation process set out in paragraph 7, if applicable, or complete any other process we consider necessary to validate your identity.
10.7. You acknowledge that the bank or banks at which your credit card and bank accounts are kept and other users' banks have in place and implement fraud monitoring policies, rules and regulations and that a bank may, at any time, stop or reverse any transaction into or out of your credit card or bank account. In addition to the fraud monitoring policies, rules and regulations applied by banks, we will, in our discretion:
10.7.1. not act on any payment instruction;
10.7.2. reverse any payment;
10.7.3. suspend your access to the MobiWallet service; and/or
10.7.4. report our suspicions to any relevant body or authority, such as the police, where we suspect any unauthorised use of the MobiWallet service or any illegal and fraudulent activities via the MobiWallet service.
11. Refund policy
11.1. Save as set out in paragraph 11.2, you will not be entitled to any refund from us in respect of any payment made to any other user or purchase from us of any cellular airtime tokens, whether fraudulent, accidental or otherwise, made using your mobile phone and password. It is solely your responsibility to ensure that all payment instructions issued by you to us contain correct information and correct and valid mobile phone numbers. It is incumbent on you to keep all information necessary to enable you to use the MobiWallet service secure and safe from unauthorised third parties.
11.2. Should you believe that, due to an error on our part, an erroneous payment transaction has been processed from your credit card, you must contact our support team by using the ‘contact us' function on the MobiWallet phone application within 30 days of the alleged erroneous payment where after, no requests for refunds will be considered by us. After undertaking a thorough investigation, we may, in our discretion and without admitting any liability, refund such payment within 14 days of the request being made and shall notify you, via SMS, of having refunded such payment.
12. Costs and fees
12.1. You acknowledge that your download of the MobiWallet phone application onto your mobile phone and your use of the MobiWallet service will require the consumption of a certain amount of GPRS data on your mobile phone. While we will use our best endeavours to ensure that the amount of data consumed on your mobile phone when downloading the MobiWallet phone application and when using the MobiWallet service via your mobile phone is as low as possible, you agree that you will be responsible for all costs charged by your mobile phone network operator in respect of the data consumed when accessing the MobiWallet service via your mobile phone.
12.2. The fees charged to all personal users are set out on the mobiWallet website.
13. Exclusion of liability for use of the MobiWallet service
13.1. Your download of the MobiWallet phone application onto you mobile phone is entirely at your own risk. You agree that we will not be liable for any loss you may suffer as a result of any damage to your mobile phone in this regard.
13.2. You agree that we will not be liable for any unavailability, interruption, downtime, malfunction or failure of the MobiWallet service for any reason whatsoever caused by:
13.2.1. any act or omission of any third party including any mobile phone network operator or bank;
13.2.2. any mobile phone network failures or problems that prevent or delay the transmission and receipt of GPRS data or the transmission and delivery of any SMS notifications contemplated in these Terms of Use; and
13.2.3. power failures, natural phenomena, riots, acts of vandalism, sabotage or any event beyond our control.
13.3. In addition, you agree that we will not be liable for any loss you may suffer as a result of any unauthorised use of the MobiWallet service utilising your password and/or any non-payment by or from you arising from any bank halting or reversing any payment transaction for any reason whatsoever.
13.4. Subject to the provisions of the ECT Act and to the fullest extent allowed by law, you hereby indemnify us against any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising out of the occurrence of the events contemplated in paragraphs 13.1, 13.2 and 13.3 above.
13.5. You further indemnify us against any demand, claim or action relating to or in connection with the MobiWallet service unless such demand, claim or action arose as a direct consequence of our gross negligence or wilful misconduct. Any such demand, claim or action shall be limited to direct damages. Special and consequential damages are specifically excluded.
13.6. To the fullest extent allowed by law, if any of the limitations or exclusions of our liability in these Terms of Use are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will our total cumulative liability to you exceed the actual amount of the disputed payment transaction.
13.7. For the purposes of this paragraph 13, any reference to us will be deemed to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, suppliers and content providers.
14. Our undertakings
14.1. We undertake to use our best endeavours to:
14.1.1. ensure that, once the MobiWallet mobile phone application has been successfully downloaded onto your mobile phone but subject to the provisions of paragraph 13.2, the MobiWallet service operates in a proper and efficient manner; and
14.1.2. ensure that the MobiWallet phone application and the MobiWallet service are kept free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device.
14.2. We shall, at all times in rendering the MobiWallet service, comply with all applicable legislation, regulations and industry standards and practices.
15. Exclusion of warranties and representations
15.1. The MobiWallet service is provided "as is" and is subject to change without notice.
15.2. Subject to the provisions of the ECT Act, the MobiWallet service is provided without any warranty whatsoever, whether express, implied or statutory, including (without limitation) any warranty as to the operation, integrity, compatibility, availability or functionality of the MobiWallet service.
15.3. You may not rely on any warranty or representation, which allegedly induced you to agree to these Terms of Use or to download the MobiWallet phone application or to register for the MobiWallet service, unless the representation or warranty is recorded in these Terms of Use.
15.4. The grant of any indulgence by us to you in respect of any matter connected to the use of the MobiWallet service shall not constitute a waiver of any right by us or prevent or adversely affect the exercise by us of any existing or future right.
16. Intellectual property rights
16.1. The MobiWallet phone application, the MobiWallet website and the MobiWallet service is protected by law. This incorporates all intellectual property rights in respect of the MobiWallet phone application, the MobiWallet website and the MobiWallet service, including all rights, title and interest (statutory and common law) in copyright, designs, trademarks and inventions. Any unauthorised use of the MobiWallet phone application, the MobiWallet website and the MobiWallet service and all intellectual property rights related thereto is prohibited.
16.2. You will not acquire any right, title or interest, including any intellectual property rights, in or to the MobiWallet phone application, the MobiWallet website or the MobiWallet service other than those rights expressly granted to you in these Terms of Use.
17. Variation of certain deeming provisions in the ECT Act
17.1. By using the MobiWallet service, you agree that these Terms of Use create a binding agreement between you, and us even though these Terms of Use are wholly or partly in the form of a data message. You agree specifically that:
17.1.1. the agreement will be treated as if it was concluded at our physical address on the date on which you first register for the MobiWallet service;
17.1.2. an electronic signature is not required by you or us for purposes of agreeing to these Terms of Use;
17.1.3. your use of the MobiWallet service is sufficient evidence of your agreement to these Terms of Use;
17.1.4. any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within the Republic of South Africa;
17.1.5. any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us;
17.1.6. subject to the further provisions of these Terms of Use, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message; and
17.1.7. these Terms of Use will be interpreted and implemented in accordance with the laws of the Republic of South Africa and you agree to the jurisdiction of the courts of the Republic of South Africa.
18. Variation of these Terms of Use
18.1. Subject to the variations or amendments provided for in terms of paragraph 2.1.2, no other variation or amendment, in any form whatsoever, of these Terms of Use will be enforceable or binding on us unless we have agreed to such variation or amendment in writing and for this purpose. "writing" shall be writing on paper signed in ink by our authorised representative and specifically excludes any writing that may be in electronic format.
18.2. We are entitled and reserve the right to vary or amend these Terms of Use from time to time and in our sole discretion. On the first occasion on which you access the MobiWallet service after we amend the Terms of Use, you will be notified that amendments to the Terms of Use have been effected and if you continue to use the MobiWallet service thereafter, the amended Terms of Use will immediately be treated as being effective and binding upon you.
18.3. It is your responsibility to access and familiarise yourself with any amendments to the Terms of Use on each occasion that you make use of the MobiWallet service.
19. Miscellaneous matters
19.1. Addresses
19.1.1. Our address for the service of any legal notice is:
postal address : PO Box 652261 Benmore 2010
physical address : 112 Pybus Street 3rd Floor Sandown
19.1.2. Notices given to the above addresses shall be deemed to have been duly given:
19.1.2.1. 14 days after posting, if posted by registered post to the party's postal address;
19.1.2.2. on delivery, if delivered to the party's physical address; and
19.1.2.3. on despatch, if sent to the party's then fax number.
19.2. Disputes, claims and legal proceedings
19.2.1. Any dispute declared by you and any claim which you may have against us arising out of or in connection with these Terms of Use or the MobiWallet service, including after termination, cancellation or amendment of these Terms of Use and/or the MobiWallet service, will be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement Act and will take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa.
19.2.2. If we declare a dispute with you, or wish to institute any claim or legal proceedings against you arising out of or in connection with these Terms of Use or your use of the MobiWallet service, we reserve the right to deal with the matter in a forum of our choice, which will include but will not be limited to, the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these Terms of Use.
19.2.3. Notwithstanding anything to the contrary contained in these Terms of Use, neither you nor we will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.
19.3. Assignment
19.3.1. You shall not cede, assign or transfer any of your rights and obligations in these Terms of Use without our prior written consent.
19.3.2. We are entitled to cede, assign or transfer any of our rights and obligations in these Terms of Use without your prior written consent and without notice to you.
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