Poket Money Online Legal TCs

The User agrees to the following terms and conditions of use of this online service.

1. Definitions
   The following terms shall have the corresponding meanings assigned to them:
   1. “Intellectual Property” means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by POKET MONEY on or in connection with this website.
   2. “Poket Money” means Poket Money (Pty) Limited, its affiliates, subsidiaries and their subsidiaries. Any reference to Poket Money will include the employees, officers, advisers, service providers, suppliers and content providers of Poket “Money.
   3. “Terms and Conditions” means these Terms and Conditions.
   4. “Trade Marks” means those trade marks owned by Poket Money and any other trade marks, designs, logos, style names and slogans which POKET MONEY owns or has the right to use or any derivative service offerings of, and applications for, any of same.
   5. “Website Material” means the contents of this website, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this website.
2. Interpretation
   1. Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:
      • defined in these Terms and Conditions will bear the same meaning throughout these Terms and Conditions;
      • not defined in these Terms and Conditions but defined in ECTA will bear the same meaning given to them in ECTA.
   2. The headings used in these Terms and Conditions are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the whole or any part of these Terms and Conditions.
   3. No term or provision contained in these Terms and Conditions is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 to any natural person who enters or intends entering into an electronic transaction with POKET MONEY on this website.
   4. Any reference in these Terms and Conditions to a party shall, if such party is liquidated or sequestrated, be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.
3. Disclaimer
   1. Whilst every effort has been made by Poket Money, and its suppliers of information, to ensure the proper performance of this service, the accuracy of the information/images and the reliability of the data on this online service, Poket Money does not, to the full extent permitted by law, guarantee the availability or accuracy of the services, content and/or information offered on this online service (“the Services”).
   2. Poket Money makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the Services and the Services are thus used at the Users own risk. In particular Poket Money makes no warranty that the Services will meet the Users requirements, be uninterrupted, complete, timely, secure or error free.
   3. Poket Money is not responsible for the content of hyper-links to third-party sites, or the services offered by those sites. The hyper-link(s) are provided solely for the Users convenience and should not be construed as an express or implied endorsement by Poket Money of the site(s) or the products or services provided therein. The User access those sites and use their products and services solely at the Users own risk.
4. Indemnification
   1. To the full extent permitted by law, the User indemnify and hold Poket Money harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages which arises directly or indirectly out of a breach of the terms of these terms and conditions by the User or arising out of or in connection with the failure or delay in the performance of the Services or the User use of the Services, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, or the use of the Services, other than in respect of losses caused by Poket Money’s gross negligence or intentional misconduct.
   2. Without affecting the generality of 2.1 above, Poket Money shall not be liable to the User for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to its network, termination of any licence to operate or use the network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond Poket Money’s control.
5. Use of services
   1. The User may only use the Services for lawful purposes and the User warrant that the User shall not:
      • use the Services to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;
      • use the Services for the transmission of “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of SMS;
      • other than for the Users personal and non-commercial use, store on the Users computer, or print copies of extracts from this site, and the User may not, other than for the Users personal and non-commercial use, “mirror” or cache information provided via this site on the Users own server, or copy, adapt, modify or re-use the text or graphics from this site without prior written permission from Poket Money.
6. Privacy policy
   1. Poket Money and all its associated companies are committed to respecting the privacy of the Users personal data. To demonstrate its commitment, Poket Money has created this Security and Privacy Statement in order to communicate its intent to provide effective processes for the appropriate handling of such private information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.
   2. The User will be able to explore the majority of the Services offered on this site without us collecting any identifiable information from the User. For the purpose of business communications, administration and transacting Poket Money may collect and/or use personal information, for example: the Users name, address, telephone number, e-mail, current geographical location and/or account details. This will enable Poket Money to:
      • Respond to queries or requests submitted by the User;
      • Process orders or applications;
      • Resolve problems with goods and services previously supplied; and/or
      • Create products or services that may meet the Users future requirements.
      • Poket Money will use, collect, store, process, transmit or otherwise handle private information only with the knowledge and consent of the User, our customer.
   3. The use of Cookies
      • Poket Money may store some information (commonly known as a “cookie”) on the Users computer when the User visit our web site. This enables Poket Money to recognise the User during subsequent visits. The type of information gathered is non-personal (such as: the IP address of the Users computer, the date and time of the Users visit, which pages the User browsed and whether the pages have been delivered successfully. Apart from merely establishing basic connectivity and communications, Poket Money may also use this data in aggregate form to develop customised services – tailored to the Users individual interests and needs. Should the User choose to do so, it is possible (depending on the browser the User are using), to be prompted before accepting any cookies, or to prevent the Users browser from accepting any cookies at all. This will however cause certain features of the web site not to be accessible.
   4. Poket Money does not distribute any of the Users personal information to third parties; unless it’s required to deliver the products or services requested by the User. In addition, Poket Money will not sell the Users personal information to third parties unless the User give us the Users specific permission to do so. For example, we may disclose the Users data to a credit card company to obtain payment for a purchase the User initiated. It may also be necessary to pass on the Users data to a supplier who will deliver the product on order. In addition, Poket Money may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws.
   5. Amendments to this Security and Privacy Statement
      • Poket Money reserves the right to amend or modify this Security and Privacy statement at any time in response to new privacy legislation.
   6. Whilst the Users name and e-mail address which is supplied to us when registering for the Services will not automatically be made available to the recipient of the Users SMS, we nevertheless are able to trace the source of an SMS, and such information will be made available to the authorities if required by law.
   7. Monitoring or recording of the Users calls, e-mails or SMS’s may take place for business purposes to the extent permitted by law, such as for example quality control and training for the purposes of marketing and improving the Services. However, in these situations, we will not disclose information that could be used to personally identify the User.
   8. The User agree that Poket Money may, to the full extent permitted by law, receive or disclose the Users personal information, documents, detailed call records, credit profile information and/or any other credit information from or to any of Poket Money’s shareholders, related entities, suppliers, agents, professional advisors or any company within the Poket Money Group for marketing purposes, subject to the Users right to restrict receipt of unwanted marketing material or other rights in terms of the Consumer Protection Act, 2008
7. Electronic Communications
   • All electronic communications, including any attachments thereto that are transmitted to the User by Poket Money, shall be on the following terms and conditions:
     1. Before any purported agreement, that has been negotiated either wholly or partly by electronic means, shall be considered binding on Poket Money, the following terms and conditions shall apply:
        • An advanced electronic signature, (as defined in the Electronic Communications and Transactions Act 25 of 2002), of a duly authorized member of the Board of Directors of Poket Money shall be required to be used and attached to any electronic communication containing any offer and/or acceptance by Poket Money, as the case may be.
        • Where Poket Money is acting as the offeror, the agreement shall be deemed to have been concluded at the time when and place where the acceptance of the offer was actually received by the Director so acting on behalf of Poket Money, and upon such Director expressly and manually acknowledging receipt of such acceptance.
        • An electronic communications shall be considered to have been sent by a Director as aforesaid only if:
          • the Director sent it personally; or
          • it was sent by a person who had the required authority to act on behalf of the said Director.
     2. Any opinion or advice contained in electronic communications shall be subject to the terms and conditions contained in any governing agreement.
     3. Poket Money is not responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
     4. Whilst Poket Money does employ virus filtering, it provides no guarantees or warrantees that the electronic communication is virus-free.
8. Termination and variation
   • To the full extent permitted by law, Poket Money reserves the right to alter, restrict and/or terminate the Services to the User in particular, or to the public in general, without notice or reason, or to revise these terms and conditions, and/or the prices at which the Services are offered, at any time. Such changes will be deemed to have been accepted by the User if the User continue using the Services. The obligation therefore is on the User to review these terms and conditions at regular intervals.
9. General
   1. These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and the User shall submit to the jurisdiction of the South African Courts.
   2. These terms and conditions are severable. Any provision in these Terms and Conditions which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions.
   3. These Terms and Conditions constitute the whole agreement between you and POKET MONEY relating to your access to use of this website.
   4. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms and Conditions which POKET MONEY may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms and Conditions nor shall it constitute a waiver by POKET MONEY of any of POKET MONEY’s rights and POKET MONEY shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
   5. Any costs, including legal costs incurred by POKET MONEY arising out of your Use of this website or the Website Material, or a breach of these Terms and Conditions, will be borne by you.