TERMS & CONDITIONS
NOTICE: PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT”) AND OUR PRIVACY POLICY CAREFULLY. THE AGREEMENTS ARE JOINTLY REFERRED TO AS “THE AGREEMENTS”. The Agreements are legally binding and set out the terms and conditions upon which you may access and use the service via the web application at: http://www.fuzeforge.co.za/
The Agreements tell you who we are and what service we provide, what to do if there is a problem and how to terminate the service. The Agreements also explain how we may use, share or otherwise process your personal information such as your name and surname, mobile telephone number, email address etc., please see our Privacy Policy.
We strongly recommend that you print the Agreements out and read them in full or alternatively, a hard copy is available on written request to us using the contact details below (please scroll down to see full details in the section titled ‘Customer Service’). We also recommend that you check the Agreements regularly.
If you are under 18 years old or you do not wish to be bound by the Agreements, you may not access or use the Payment Service and should exit immediately.
Our service enables you to purchase the Language App (as described below) for a flat daily fee using your supported mobile device and your mobile network operator (“MNO”) allows us to charge the amount directly to your bill or prepay account, once this charge has been authorized by you (the “Payment Service”).
Please also note that in some jurisdictions there are obligatory provisions in the consumer legislation that may be relevant to services provided under this Agreement.
YOU ACCEPT THAT YOU HAVE BEEN GIVEN AN OPPORTUNITY TO READ AND ACCEPT THIS AGREEMENT BEFORE USING THE PAYMENT SERVICE.
1. INTRODUCTION
1.1 The language application uses innovative technology to enhance and transform the way in which you learn languages (the “Language App”) and is owned by Buongiorno.
1.2 You can purchase the Language App via our Payment Service for a daily fee (please scroll down to see full details in the section titled ‘Subscription’ below) in accordance with the terms and conditions of the Agreements. For the avoidance of doubt, if you use or download the Language App, you are also subject to Buongiorno terms and conditions.
1.3 You acknowledge that by agreeing to the terms of this Agreement and/or by continuing to use the Payment Service, you are bound by the entirety of the Agreements. We reserve the right to make any amendments to the Agreements and any such changes will be highlighted in red for a period of 4 (four) weeks. We encourage you to review the Agreements, which are updated periodically. Your continued use of the Payment Service will be deemed to be your acceptance of any changes to the Agreements. If the modified Agreements are not acceptable to you, your only recourse is to cease using the Payment Service (for further details, please scroll and see the section titled ‘Customer Service’).
2. AGE REQUIREMENT
2.1 The Payment Service is not aimed at children. You must be at least 18 (eighteen) years old to use the Payment Service. If you are under 18 (eighteen) you should cease using the Web App and exit immediately.
2.2 By granting your child permission to use the Payment Service, you agree to the terms and conditions of the Agreements on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Payment Service. If your child is using the Payment Service and does not have your permission, please contact us immediately on our helpline (noted at the bottom of this Agreement) so that we can disable his or her access.
3. YOUR REPRESENTATIONS
3.1 By seeking to subscribe to the Payment Service and using the Payment Service you hereby confirm to us that at all such times you:
a) are resident in the Republic of South Africa and it is your main residence;
b) are aged 18 years or over;
c) are of sound mind and capable of taking responsibility for your own actions;
d) have the power to enter into a legally binding agreement (you are not legally barred from doing so for any reason) and you are the person whose details are provided in connection with your subscription to the Payment Service;
e) are acting as principal and not on behalf of anyone else;
f) are the authorised owner of the mobile device which you provided when you completed subscription to the Payment Service;
g) are located in a jurisdiction in which such subscription to the Payment Service and access and/or use of the Payment Service is not unlawful or contrary to any applicable regulation. It is your responsibility to ensure that this is not the case.
h) shall not share or distribute any Language App to other persons who have not subscribed to the Payment Service.
3.2 Persons in breach of this Agreement are not entitled to access and/or use the Payment Service and could be committing fraud and be subject to criminal prosecution.
3.3 You cannot use the Payment Service unless you have first completed the subscription to the Payment Service.
3.4 You hereby warrant to us that all information provided in your subscription to the Payment Service and all personal data provided to us is complete, true and accurate and not misleading and that you will notify us immediately of any change.
3.5 You undertake to access and/or use the Payment Service for legitimate and personal entertainment purposes only.
3.6 You undertake to abide by all applicable laws and regulations when using the Payment Service and to be solely responsible for all matters arising from your use of the Payment Service.
3.7 You undertake not to use the Payment Service in any way which might infringe any rights of any third party or give rise to a legal claim against us by any third party;
3.8 You undertake not to damage, interfere with or disrupt access to the Payment Service or do anything that may interrupt or impair its functionality (nor assist, encourage or permit any other person to do so).
3.9 You undertake not to obtain or attempt to obtain unauthorised access through whatever means to the Payment Service or any part of it (nor assist, encourage or permit any other person to do so).
4. SUBSCRIPTION
4.1 The Payment Service can be accessed via the : Web App via http://www.fuzeforge.co.za/
Payment Service Description:
Price : R15/day for Cell C and R5/day for MTN
Unsub : *133*1# for Cell C and *155# for MTN
4.2 Before you are able to fully access or use the Payment Service you will be required to subscribe to the Payment Service in one of the following ways:
Web App: By clicking on an advertising banner and following the instructions noted on the subsequent pages to:
i. click on the button e.g. “CONFIRM”, “ACCEPT” or “YES” button to complete your subscription; or
ii.by visiting the Web App directly and following the instructions to subscribe to the Payment Service. Once your subscription to the Payment Service is complete you will be able to use and/or access the Payment Service.
Upon completion of the subscription to the Payment Service we will confirm by SMS text message to the mobile number which you provided, that you have successfully subscribed to the Payment Service.
4.3 The subscription fee to the Payment Service is always mentioned at the point of purchase i.e. commencement of subscription period or on date of accessing the Payment Service.
4.4 Following subscription to the Payment Service you will be provided with access to the Payment Service as applicable either via http://www.fuzeforge.co.za/ for the Web App. Transactions made using your registered mobile number are accepted by us on the understanding that you are the account holder and that you are authorised to register this mobile number, pay for and access the Payment Service. If your mobile device is used by anyone other than yourself, we will accept no liability for the consequences or costs incurred from such misuse, or for the loss, theft, and misuse of your information.
4.5 You agree to be solely responsible at all times for all access and/or use of the Payment Service. You are responsible for keeping all your user identification details, which may include your mobile number, email address, password or user name (“User Data”) confidential. You are also responsible for ensuring that all persons who access the Payment Service through your internet connection are aware of this Agreement and are in full compliance with its terms.
4.6 We reserve the right to disable any User Data whether chosen by you or allocated by us at any time if in our sole opinion you have failed to comply with any of the provisions of this Agreement.
4.7 We reserve the right to ask for proof of age documentation and evidence to verify your identity at any time (including any third party, which may keep a record of such information). We reserve the right to conduct checks against any of the details provided to us and to pursue this information through any channels and methods available to us. Failure to provide substantiated proof of age or other requested information will result in the suspension or termination of your subscription to the Payment Service.
4.8 We reserve the right to refuse, suspend and/or terminate your subscription to the Payment Service immediately and without consulting or notifying you or giving you reasons in the event that you publish, cause the publication of and/or send via the Payment Service any actual or potentially defamatory, offensive or obscene language or material or if you breach, or are suspected of any breach of this Agreement, any applicable law, regulation, code or request of a MNO (mobile network operators) and/or regulators or should we deem it in our best interests and/or other customers to do so.
4.9 It is your sole responsibility to ensure that at all times you comply with all laws and regulations with respect to the Language App, which is made available to you through the Web App, in any jurisdiction where you are located or are a resident and that you have a complete and unrestricted legal right to subscribe to the Payment Service, access and/or use the Payment Service in whole or part.
4.10 Use of the Payment Service will be closely monitored to ensure that no customer is using the Payment Service with a frequency or in a manner which might suggest that he or she is using it except solely for personal use or is using it on behalf of others, and we reserve the right to suspend and/or terminate the subscription to the Payment Service if we consider or suspect that the Payment Service is being used in this way.
4.11 If any of your User Data or other information relevant to your subscription to the Payment Service change you must inform us immediately by contacting us using the contact information provided in the ‘Customer Service’ section below.
5. SUBSCRIPTION CHARGES
5.1 The Payment Service being a mobile subscription service is charged at a flat fee R15/day for Cell C and R5/day for MTN (exact price depending on the existing campaign at time of joining and network operator) which offers you unlimited access to the Language App via the Web App http://www.fuzeforge.co.za/ while you remain subscribed to the Payment Service. You will pay the price detailed by charging the purchase to your monthly account or prepaid account provided by your MNO. The subscription fee shall become due at the end of the specific subscription period while you are subscribed to our Payment Service irrespective of whether or not the Web App is actually accessed during any particular subscription period.
5.2 Your contract for the Payment Service is with us and not with your MNO. Your MNO has agreed with us to simply to charge the amount directly to your bill or prepay account. Once this charge has been authorised by you, you must pay your MNO (for monthly accounts) the amount charged. You are therefore wholly responsible for checking that you are happy with the seller (us), price and the Payment Service before making a purchase commitment.
5.3 MNO charges may also apply and all prices stated and/or otherwise communicated to you are inclusive of VAT (where applicable). The Payment Service is being provided on a subscription basis and this means it will renew automatically after the end of the specific subscription period unless and until the you decide to opt out or unsubscribe.
5.4 You can access the Payment Service until you unsubscribe through USSD string : *133*1# for Cell C and *155# for MTN at any time to out opt or unsubscribe from the Payment Service. Further details on cancellation can be found in the ‘Customer Service’ section below.
6. REFUNDS
6.1 If you reside in the Republic of South Africa and have purchased one of our subscription services with a recurring charge, section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) entitles a customer to cancel without reason and without penalty any sale concluded on a website within 7 (seven) days after date of the conclusion of an agreement for services (“Cooling Off Period”) and to obtain a full purchase price refund within 30 (thirty) days of date of cancellation thereafter, but provided that you notify us of your cancellation in writing.
6.2 Where the Cooling Off Period does not apply you may cancel the subscription to the Payment Service at any time by following the instructions given in the text SMS message sent to you after your purchase. However, if you do cancel then we are not obliged to refund any part of the subscription fee unless we have breached a material term of this Agreement or are otherwise required by law to do so. In all other circumstances a refund will be at our sole discretion. No refunds will apply for early abortive Language Apps or termination of the Payment Service following a payment period.
6.3 Nothing in this Agreement affects or limits your legal rights as a consumer under Consumer Protection Act, 2008, as amended from time to time (“CPA”) or any other applicable law. For further details on cancellation (whether or not within the Cooling Off Period) or any enquiries, please contact us directly using the details stated in the ‘Customer Service’ section below. The ‘Customer Service’ section also contains details of the Consumer Goods and Services Ombud (the “CGSO”) as well as the National Consumer Tribunal (“NCT”) (who can provide further advice about your rights).
7. ACCESS AND USE OF THE PAYMENT SERVICE
7.1 In order to access and/or use the Payment Service follow the information shown on your device’s screen to complete subscription.
7.2 To access the Payment Service you must ensure that your mobile device is compatible with the Payment Service and that it is correctly configured for use for Android and iOS devices, please find a list of those here:http://www.adobe.com/flashplatform/certified_devices/s.html.
7.3 Any use of the Payment Service by you is on an « as is » and an « as available » basis. You agree and accept that the Payment Service is not a fault-free service and is for your own personal use and shall not be used for commercial purposes.
7.4 Your agreement with us will be null and void if we discover or suspect that you have in any way interrupted, deviated, tried to manipulate the outcome or tampered with any part of the Payment Service.
7.5 We reserve the right to change the format of the Payment Service and./or the Web App (in whole or part) to enhance them, correct any defects or provide upgrades and under the circumstances prescribed in the Regulation of Interception of Communications and Provisions of Communications-Related Information Act, 70 of 2002 (as amended from time to time) (“RICA”) we also reserve the right to record all telephone calls made to us and to monitor, intercept, block, filter, read, delete, edit, disclose and use communications and all information sent or posted via the Web App and/or relating to the Payment Service for which purposes you consent.
8. VIRUSES, HACKING AND OTHER OFFENCES
8.1 You must not attempt or encourage the misuse of the Payment Service by introducing viruses, Trojans, worms, logic bombs, spider, robot web crawler, automated query program or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the server on which the Payment Service is stored or any server, computer or database connected to the Payment Service. You must not attack the Payment Service via a denial-of-service attack (“DoS”) or distributed denial-of-service attack (“DDoS”).
8.2 By breaching Clause 8.1 above, you may be committing a criminal offence under the South African law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use the Payment Service will cease immediately without notice to you and without us incurring any liability whatsoever.
8.3 We will not be liable for any loss or damage caused by the DoS, DDoS, viruses or other technologically harmful material that may infect your device and/or computer equipment, computer programs, data or other proprietary material due to your use of the Payment Service or downloads of the Language App, or other material posted on or via the Payment Service.
9. SPECIAL PROMOTIONS
9.1 We may from time to time run promotions including free news and/or content which is free to access, award prizes and provide you with marketing or promotional materials if you have completed your subscription to the Payment Service.
9.2 The rules of entry or access to any promotions will be displayed on the Payment Service and may sometimes be restricted only to a first-time user.
10. SECURITY POLICY
10.1 We will not provide your personal details to third parties, however, we may provide on your details to relevant authorities or regulators if we and/or they wish to investigate or assist in the investigation of any suspected or alleged fraud or abuse of the Payment Service or if we are required by law to do so, for example under the Proceeds of Crime Act 2002 (as amended from time to time) and any other anti-money laundering or data protection legislation.
10.2 All information received by us from your use of the Payment Service shall be used in accordance with our Privacy Policy which is available on the Web App and which we encourage you to review as it details how we may process your User Data. By using the Payment Service, you consent to such processing. It is your responsibility to update and maintain changes to that information and we are entitled to rely on any information you provide to us.
10.3 If we have reason to believe that there has been or is likely to be a breach of security or any other misuse of the Payment Service we may suspend and/or terminate your subscription to the Payment Service.
10.4 We are not obliged to monitor, detect or report any unauthorised use of the Payment Service and you shall be solely responsible for all use of the Payment Service made by you or anyone else using your User Data, for preventing unauthorised use of your User Data and/or mobile device you are liable for all user charges that are incurred as a result of any such unauthorised use.
10.5 If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your User Data or mobile device you must notify us immediately by e-mailing us at: support-za@my-subscriptions.com
11. CUSTOMER SERVICE
11.1 Cancellation:
You are free to cancel your subscription to the Payment Service and your access to the Language App at any time by following these instructions:
USSD string : *133*1# for Cell C and *155# for MTN to unsubscribe at any time.
Your access to the Payment Service can also be terminated anytime by clicking on to the unsubscribe option and following the instructions via the account section of the Web App portal.
11.2 Payment Service enquiries:
If you have any questions concerning this Agreement, or should you wish to make a complaint about the Payment
Service or for other matters related to the Payment Service, please contact us by telephone, email or write to us using the following details:
Address: Buongiorno South Africa (Pty) Ltd, 5th Floor Auto Atlantic building, cnr Heerengracht and Hertzog boulevard, Cape Town 8001
Helpline: (+27) 875512501 (local call charge rate)
Email: support-za@my-subscriptions.com
11.3 Language App enquiries:
If you have any problems with installing and/or using the Language App or your mobile device compatibility with the Language App, please contact Buongiorno directly as they are owner of the Language App, using the following details:
Address: Buongiorno South Africa (Pty) Ltd, 5th Floor Auto Atlantic building, cnr Heerengracht and Hertzog boulevard, Cape Town 8001
Email support-za@my-subscriptions.com
11.4 The Company is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. The Company may be required to share information relating to the Payment Service or a customer with WASPA for the purpose of resolving a complaint. WASPA website:www.waspa.org.za.
11.5 The Consumer Protection Act gave rise to the establishment of the National Consumer Commission, a body assigned to investigate consumer complaints, as well as the National Consumer Tribunal, which is responsible for the adjudication of violations and transgressions of the Consumer Protection Act.
You can contact the DTI or NCT for further advice about your rights:
Department of Trade and Industry (DTI) Customer Contact Centre: 0861 843 384
the DTI Office of Consumer Protection: (012) 394 1436 / 1558 /1076
DTI E-mail:contactus@thedti.gov.za This e-mail address is protected from spambots and you need JavaScript enabled to view it.
DTI Website:www.thedti.gov.za
National Consumer Tribunal (NCT): (012) 663 5615
NCT E-mail:Registry@thenct.org.za
NCT Website:www.thenct.org.za
12. OUR LIABILITY
12.1 Your use of the Language App is entirely at your own risk. To the fullest extent permitted by applicable law, we shall not be liable if the Language App which Buongiorno supplies or makes available to you is not fully compliant with laws or regulations or which is in any way defective or not usable by you whether in whole or part. Notwithstanding the foregoing this disclaimer does not nor intends to deny your consumer rights whether in whole or part.
12.2 We are not liable for any direct or indirect damage arising or relating to the provision of the Payment Service and we cannot be held liable for any use of the Payment Service by you which is not compliant with any law or regulation or any provision of this Agreement. We are also not liable for any failure to perform by any third party to this Agreement.
12.3 To the extent permitted under applicable law, the provisions of this Clause 12 set out our entire liability to you (including any liability for acts and/or omissions of our parent company, subsidiaries, associated companies, employees, agents and sub-contractors) regarding:
a) any breach of this Agreement by us, our directors, employees, agents or subcontractors; and
b) any representation, statement or tortious act or omission including negligence arising under or in connection with the Payment Service or the Agreements.
12.4 Subject to Clause 12.5 below:
a) Except in the case of an act or omission carried out with intent to cause damage or in a reckless manner, with knowledge that damage would likely result, our liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall not exceed the greater of R1,000 (One Thousand Rand) or the monthly subscription fees paid by you in the 12 (twelve) calendar months prior to your claim. You agree that the exclusions of liability above and anywhere else in this Agreement are reasonable.
b) your use of any Payment Service and/or the Language App is entirely at your own risk and in no event shall we shall not be liable to you for any direct, indirect or consequential loss (including without limitation, loss of profit, data, loss of goodwill, loss of contract or other information) or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Payment Service, the Language App or any offers whether or not we have been previously made aware of it.
12.5 Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter which it would be illegal for us to limit or exclude or attempt to limit or exclude our liability for.
12.6 We are not liable for anything out of our control including but not limited to any loss or damage that you may suffer or incur because of any act of God, power cut; trade or labour dispute, failure or any omission of any government or authority; delay, interruption, obstruction, or failure of telecommunication services; or any other cessation, delay or failure caused by a third party or loss or corruption of data. In such an event, we reserve the right to cancel or suspend the Payment Service indefinitely and without notice or incurring any liability whatsoever.
12.7 All representations, warranties and terms (express or implied) not set out in this Agreement are excluded to the fullest extent permitted by law and we shall have no liability to you in respect of the same.
12.8 We draw to your attention that you may be entitled to certain consumer rights in terms of the ECTA and/or the CPA and other applicable laws. No provision of this Agreement is to be interpreted or construed as excluding, limiting or waiving any rights which you may have as a consumer, or avoiding any obligation which we may have, in terms of the ECTA, the CPA or any other applicable laws, whether in South Africa or any other country having jurisdiction (unless such laws permit the parties to agree otherwise).
13. NO WARRANTY
13.1 We make no representation or warranty about information or any other item(s) that may be accessed either directly or indirectly via the Payment Service (save to extent expressly provided in the Agreements) and we reserve the right to make changes and/or corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the customer.
13.2 You acknowledge that we have not represented or warranted that the Payment Service will be uninterrupted, error free or without delay or without compromise of the security systems related to the services or that all errors will be corrected. To the maximum extent permitted by applicable law and subject to Clause 13.5, we exclude all representations and warranties relating to the subject matter of this Agreement and the Payment Service.
13.3 We do not supply the Language App and we cannot under any circumstances be held liable in the event that the Language App purchased by you is not compliant with applicable laws or codes of practices and no warranty of any nature, express, implied or statutory, as to the performance of the Language App (including without limitation, any services or software related thereto) is made by Company to you under this Agreement, including, but not limited to any implied warranties of merchantability, fitness for a particular purpose or non-infringement and the Company disclaims any such express or implied warranties.
13.4 We reserve the right to discontinue access or alter part or all of the Payment Service at any time in our sole discretion without notice or explanation. Save to the extent expressly provided otherwise in this Agreement you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the Payment Service.
13.5 Notwithstanding the foregoing, the disclaimers stated in this Clause 13 do not nor intend to deny you any of your consumer rights whether in whole or part.
14. OUR COMPENSATION FOR LOSS OR DAMAGE
14.1 You hereby agree to hold Company harmless, indemnify us and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
(a) any breach, for any reason, by you of the warranties and obligations you have undertaken in the Agreements; and/or
(b) your use of the Payment Service and/or the Language App.
15. INTELLECTUAL PROPERTY RIGHTS
Subject to the express provisions of this Agreement:
15.1 Our intellectual property rights: All intellectual property rights (including, but not limited to industrial secrets, inventions (patents), Company’s trade marks, goods and or service names, domain names, slogans, trade names, logos, industrial designs and models and designations of origin, copyright) in and to the Payment Service and/or the Web App as well as their features (“Our IPRs”) are owned by or licensed to us. Our IPRs are protected under the laws of the Republic of South Africa, International treaties and all other applicable copyright and intellectual property laws. No licence is granted to you in respect of any such rights, except to the extent required for your personal use of the Payment Service in accordance with this Agreement. Any unauthorised distribution is strictly prohibited and legal action could be taken against any such person who makes unauthorized distribution of any of any content or materials belonging to us, including Our IPRs.
15.2 Third party marks: You do not have the right to use Cell C and MTN (mobile network operator) trade marks and logos. Each unauthorized use or infringement of trade marks, logos or distinctive signs of Cell C and MTN can be prosecuted according to the applicable law by the respective parties.
15.3 Buongiorno intellectual property rights: All intellectual property rights (including, but not limited to industrial secrets, inventions (patents), Buongiorno trade marks, domain and trade names, logos, industrial designs and models and designations of origin, copyright) in and to the Language App are and shall remain the exclusive property of Buongiorno
15.4 Prohibited activities:
a) use, re-use and/or aggregation of any of Our IPRs in the provision of a commercial service is strictly prohibited. Any downloading, reproduction, modification, alteration, distribution or use of Our IPRs except as otherwise permitted by this Agreement is strictly prohibited and in particular you agree to use the Payment Service solely for your own personal, non-commercial use and specifically not for any business, commercial or public purpose;
b) Our IPRs may not be transferred to any other person or entity, whether commercial or non-commercial and may not be distributed through peer-to-peer networks or any other file sharing platforms and may not be displayed publicly, or used for any rental, sale, or display.
15.5 Third party services: Use of third party content/materials accessed via the Payment Service is governed by the terms of use applicable to the third-party website or service accessed by you.
16. SUBMISSION OF INFORMATION
16.1 You agree that the information supplied by you to us may be used by us or our affiliates for the following purposes which shall include but are not limited to: sending you messages, sending you promotional materials, monitoring the use of the Payment Service, marketing purposes and from time to time evaluating if we can improve our services for customers, unless text “NO” at any time to 36060 to stop receiving promotional and marketing offers from us.
16.2 Excluding personal data (which is covered in the Privacy Policy), all other information (including but not limited to comments, ideas, suggestions, data, technical information, concepts and graphics) submitted via the Payment Service will become our exclusive property without obligation of confidentiality and we, at our sole discretion, shall be free to use such information for any purpose without any restriction whatsoever.
17. YOUR BREACH OF THIS AGREEMENT
17.1 Without prejudice to our other rights under this Agreement, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Payment Service;
(c) permanently prohibit you from accessing the Payment Service;
(d) contact any or all your MNO (mobile network operator) and request that they block your access to the Payment Service;
(e) commence legal action against you, whether for breach of the Agreements or otherwise; and/or
(f) request that Buongiorno suspend or delete your access on the Language App.
17.2 Where we suspend or prohibit or block your access to the Payment Service or a part of the Payment Service, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
18. GENERAL
18.1 This Agreement constitutes the whole agreement between you and us to the fullest extent permitted by law with regard to use of the Payment Service.
18.2 The Privacy Policy forms an integral part of this Agreement.
18.3 We are an independent contractor. Nothing in this Agreement shall be deemed to create a partnership, agency or joint venture between you and the Company.
18.4 We may transfer this Agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights as a consumer under the Agreement. If you are unhappy with the transfer, you may contact us to end the Agreement.
18.5 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.
18.6 Nobody else has any rights under this Agreement. The Agreement is between you and us. No other person shall have any rights to enforce any of its terms (except as specifically provided herein). The exercise of your rights and our rights, respectively, under this Agreement is not subject to the consent of any other person.
18.7 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of the terms and conditions of this Agreement operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.8 Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Payment Service, we can still require you to make the payment at a later date.
19. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. You irrevocably agree that the courts of the Republic of South Africa shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to the Payment Service. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of Our IPRs or breach of this Agreement is taking place or originating. You are solely responsible for compliance with any applicable laws and regulations of the jurisdiction from which you are accessing the Payment Service.
A “Nyan Cat” GIF was sold for $454,000
