Legal

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The contents and any views expressed in the contents are, unless otherwise stated, the views of the author and not those of Imvelaphi Mobile or any of its management or directors. Information in the form of data messages and any attachments thereto will be legal, valid and enforceable on Imvelaphi Mobile only if an authorised Imvelaphi Mobile employee has confirmed or consented to the communication.

There are instances where Imvelaphi Mobile does contract using electronic communication, such as facilitating Internet switches. In cases where contracts are concluded using electronic communication Imvelaphi Mobile considers such contracts to have been concluded in Woodstock at the registered office of Imvelaphi Mobile.

In certain instances Imvelaphi Mobile will communicate with its clients using electronic mail. Such electronic communication will at all times be subject to the terms and conditions contained in this document.

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Service Contract

*120 RECHARGE SERVICE CONTRACT

The Services - PRINCIPAL COMPONENTS

AIRTIME RECHARGE: Imvelaphi will, at your instruction via Imvelaphi’s USSD interface for such Service
acquire a pre-paid airtime package as stipulated by you, or as available (“the Airtime”) from the mobile phone network stipulated by you (“the Network”),
cause the Airtime to be credited to your mobile phone number’s account with the Network,
debit your account with Imvelaphi (your “Mobile Wallet”) with the cost of the Airtime, as well as with such of the Service Fees hereafter set out as may be applicable
ELECTRICITY RECHARGE: Imvelaphi will, at your instruction via Imvelaphi’s USSD interface for such Service –
acquire a pre-paid electricity package as stipulated by you, or as available (“the Electricity”) from the relevant electricity supplier (“the Supplier”),
cause the Electricity to be credited to your stipulated account with the Supplier,
debit your account with Imvelaphi (your “Mobile Wallet”) with the cost of the Electricity, as well as with such of the Service Fees hereafter set out as may be applicable

Service Fees

Registration fee R150.00
Reply to register request via promotional registration shortcode R7.50
Monthly accounting fee R1.00
Debit fee [per transaction] R2.99
Airtime PIN order via SMS R0.75
Return transaction and Voucher administration R30.00
Miscellaneous correspondence (e.g. PIN request, or resend PIN) [per SMS] R0.75

Service Period

The Services are provided for successive Service Periods, each of one calendar month, as from the date of first payment of your Service Fees.
As set out in the GENERAL TERMS AND CONDITIONS, Imvelaphi may, at the end of each Service Period, automatically renew this Service Contract for a further Service Period.

General Terms and Conditions

The terms of this Service Contract are subject to the terms of the General Terms And Conditions Governing Imvelaphi Service Agreements.

Terms & Conditions

PROVISION OF SERVICES

Imvelaphi Mobile (Proprietary) Limited (hereafter referred to as "Imvelaphi") contracts with its registered users (hereafter referred to as “you”) to provide the following Services: *120 AIRTIME RECHARGE *120 ELECTRICITY RECHARGE Once you have registered to use your Services, these may be accessed from your mobile phone via WAP and USSD and at various web sites that are owned by or affiliated to Imvelaphi.

ACCEPTANCE OF TERMS AND CONDITIONS

Your use of the Services is subject to the General Terms and Conditions herein contained ("the General Terms") as well as to the terms of the Service Contract. If you do not agree with these General Terms or with the terms of the Service Contract, you should not use the Services.

By registering for the Services, as well as by utilising the Services, you acknowledge and agree that such registration and use shall constitute, and may lawfully be deemed to constitute, your acceptance of these General Terms and the terms of the Service Contract.

You will be deemed to have registered for a Service as soon as: You click “ACCEPT” on Imvelaphi’s USSD interface for such Service on your mobile phone; or You SMS “YES” to the number provided by Imvelaphi for such Service: AND Imvelaphi has received submitted sufficient information to complete your order (e.g. valid credit card details) You will receive a System Passcode upon completing the Service registration process and account set-up procedures.

TERMS & SCOPE OF THE SERVICES

The Services wil be provided for the duration of the Service Period set out in the Service Contract. The principal components of the Services are as set out in the Service Contract, details of which may be viewed by clicking on the following link:

*120 RECHARGE SERVICE CONTRACT

The Services may, at the discretion of Imvelaphi, include further optional components which may be introduced from time to time, including, without limitation: the provision to you of pre-selected promotional material service announcements, and administrative messages.

Should you wish to do so, you may opt out of such optional components by dialing *120*2000# on your mobile phone and selecting OPT-OUT on the menu provided or reply to any SMS from *120 with the words OPT-OUT in the text. Unless expressly stated otherwise by Imvelaphi, optional components and new features that may be introduced to augment or enhance the Services, whether delivered via mobile phone or through other distribution means, shall be subject to these General Terms.

PREPAID VOUCHERS

Voucher PIN’s sent to your must be activated on your phone within 24 hours of receipt of SMS. Failure to load the PIN’s within the specified time may render the vouchers invalid. In the event of receiving an invalid PIN notify Imvelaphi within 24 hours of receipt of SMS via contact details provided, and a new PIN will be issued. No refunds or reissue of PIN’s will be entertained outside of these criteria. Vouchers not claimed, used or notice given to Imvelaphi within a 30 day period will result in 100% forfeiture of the PIN. The value of the voucher less administration costs and or expenses incurred by Imvelaphi will be returned to your *120 wallet.

AUTOMATIC RENEWAL OF THE SERVICE CONTRACT

At the expiry of each Service Period, the Service Contract concerned may, at the discretion of Imvelaphi, be automatically renewed for a further Service Period, unless you give prior Notice of Termination to Imvelaphi.

If your Service Contract is automatically renewed, the duration of the renewed Service Period, and the Service Fees due for such period, will be as set out in the Service Contract on the date of automatic renewal.

Despite the a foregoing, it is specifically recorded that Imvelaphi is in no way obliged to renew your Service Contract automatically, and may decline to do so without notice to you.

NOTICE OF TERMINATION

You may terminate your Service Contract by giving Notice of Termination to Imvelaphi by means of: Call the call centre 086 120 7827 SMS ‘STOP’ to 0833883020 Select ‘OPT-OUT’ on the USSD Menu Termination of your Service Contract will be effective as from the end of the Service Period during which Imvelaphi receives your Notice of Termination, and you will remain liable for the Service Fees in respect of such Service Period.

NB: If Imvelaphi does not receive Notice of Termination during any particular Service Period, it may, in its discretion, automatically renew your Service Contract for a further Service Period, and you will be liable for the Service Fees for such further Service Period

CONTENT RIGHTS AND OWNERSHIP

The information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("the Content") that may be distributed to you through the Services are protected by copyright, trademarks, service marks, patents and/or other proprietary rights and laws.

You may not distribute, modify, transmit or use the Content for any purpose other than your personal and non-commercial use, and you may not modify, reverse engineer, or create derivative works based on, the Content, whether in whole or in part, without Imvelaphi’s prior express written permission.

USER-SUBMITTED INFORMATION

Imvelaphi will treat Information, including personally identifiable contact information, which you submit to it as confidential only to the extent that submitted by you via Imvelaphi’s web pages and other interfaces provided for accessing the Services, will be treated by Imvelaphi as confidential only to the extent that such fact is stated clearly on the relevant web pages or other interfaces whereby such information is submitted. All other communications with, or submissions to, Imvelaphi are, hereby agreed by you to be non-confidential.

Imvelaphi expressly reserves the rights that it may, if it has prima facie grounds to believe that you are in breach of your “Obligations as User” as hereafter defined in these General Terms: investigate your usage history, posted materials, IP addresses and related data; disclose such information to law enforcement bodies, regulators or other third parties.

By posting text or other material at or through non-confidential portions or features of the Services, you thereby assign to Imvelaphi all rights therein, including without limitation the right to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such text and material alone or as part of other works in any form, media or technology, and to sublicense such rights.

Comments, feedback, suggestions and ideas which you submit to Imvelaphi in connection with your use of the Services will become Imvelaphi’s sole property, and will be subject to disclosure and use by Imvelaphi without an obligation to compensate you in any manner.

SERVICE FEES

Service Fees will be as set out in the Service Contract, as amended from time to time. All price references are in South African currency. On the dates set out in the Service Contract, whether as initially concluded or as automatically renewed, your account will be debited with the Service Fees which were in effect on the date of your registration for the Services.

AMENDMENT OF TERMS OF SERVICES

Imvelaphi reserves the right to vary these General Terms and/or the terms, including pricing terms, of your Service Contract at any time. Should Imvelaphi so amend these General Terms or your

Service Contract:

Imvelaphi will provide notice, through the Service’s mobile phone interface, that such an amendment has been effected, and will publish the terms and details of such amendment on its web page at http://www.star120.co.za" You will be deemed to have received notice of an amendment on the first occasion that you access the Service’s mobile phone interface providing such notice; it will be your responsibility to ascertain the specific terms and details of such amendment, either by visiting Imvelaphi’s aforesaid web page or by calling the Imvelaphi Call Centre at 0861 207827. you may terminate your Service Contract within thirty (30) days of receiving notice of an amendment to its terms or to these General Terms, and may thereby avoid being bound by such amendment;

A certificate by Imvelaphi as to, respectively, the dates on which a notice of an amendment was provided through a Service’s mobile phone interface, and/or the first occasion on which you accessed the Service’s mobile phone interface providing such notice shall be prima facie proof of such date in any legal proceedings in which such dates become relevant. Subject only to amendments as herein provided for, these General Terms, read together with the Services Agreement, constitute the entire agreement between you and Imvelaphi with regard to the Services, and no amendment thereof shall, unless in writing and signed by both parties, be of any force or effect.

SUSPENSION OF ACCOUNT AND SERVICES

Imvelaphi reserves the right to suspend or terminate your Service Contract, and to suspend your Services without prior notice or compensation to you, in any of following cases:

If Imvelaphi has prima facie grounds to believe that you are in breach of your “Obligations as User”, as hereafter defined in these General Terms; If your account has insufficient funds for payment of the Service Fees when due, or if you in any manner countermand or take steps to charge back Service Fees already paid;

If Imvelaphi has reason to believe that your safety, or the safety of other users of the Service or the general public, is in jeopardy. Imvelaphi reserves the right to terminate your Service Contract, and to suspend your Services, in any event other than as set out above, provided that it shall upon so doing be obliged to refund to you: for any Service Period that has not yet commenced, such Service Fees that you might have paid in advance; for any Service Period that has already commenced, a pro rata portion of your paid Service Fees.

Except as expressly set forth above, Imvelaphi's actions in exercising its rights hereunder shall not relieve you from your obligations under the Terms. YOUR OBLIGATIONS AS USER You understand and agree that you are fully responsible, and contractually liable, for all transactions performed and actions conducted on your account by means of your System Passcode, whether by you or by third parties.

You undertake to: take all steps possible for maintaining the confidentiality of your System Passcode; immediately notify Imvelaphi of any unauthorized use of your password, PIN or account or any other breach of security; ensure that you log out of your account promptly at the end of each session. You hereby indemnify Imvelaphi, to the fullest extent permitted by law, against loss suffered by you, by third parties or by Imvelaphi due to any failure on your part to maintain the confidentiality of your System Passcode. You are solely responsible for any costs, such as third party charges by internet service providers or mobile phone networks, incurred in obtaining access to the Services, and for the provision and maintenance of all equipment necessary for you to access the Services.

You agree that you will not: access the Services by any means other than through the interface system provided by Imvelaphi for accessing the Services; disclose your System Passcode to a third party, nor in any manner permit a third party access to the Services; engage in any manipulation of the Services for purposes other than as agreed upon; violate, or attempt to violate, the rights of third parties by means of the Services, interfere with or disrupt any Service, any servers or networks connected to the Service or Imvelaphi's websites, contravene any requirements, procedures, policies or regulations of networks connected to the Service, contravene any applicable local, national or international laws or regulations pertaining to your use of the Services, use the Services or Imvelaphi's websites in a manner that infringes other parties’ intellectual property rights, privacy rights or rights of publicity; introduce viruses or other harmful computer programming routines into the Services or Imvelaphi's websites; use any robots, spiders, or any other automatic devices or processes to monitor or copy any portion of the Services or Imvelaphi's websites; or probe, scan or test the vulnerability of the Services or Imvelaphi's websites, or breach the security or authentication measures thereof.

You agree that you will: provide accurate, current and complete information about yourself (the "Registration Data") as required on the Service's registration form; promptly update your Registration Data to keep it accurate, current and complete, by telephonically advising Imvelaphi’s Call Centre at 0861 207827 of any changes thereto.

By accessing the Services, you warrant that you are not in a country where the use of the Services is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the use of the Services.

DISCLAIMERS

You understand and agree that the Services are provided on an "as is" and "as available" basis, and that Imvelaphi shall incur no liability if you were to suffer loss as a consequence of any failure of the Services whatsoever . Imvelaphi expressly disclaims all warranties, whether express, tacit or implied, as to the quality of the Services or their suitability for any particular purpose. Specifically , and without limitation, Imvelaphi makes no warranty that: the Services will be uninterrupted, reliable, timely, secure, or error free; the Services will meet your requirements; the quality of any products, services, information, or other material purchased or obtained by you through the service(s) will meet your expectations, and any errors in any software or content will be corrected.

Imvelaphi expressly disclaims all warranties, whether express, tacit or implied, as to the quality, content, suitability or safety of third-party sites or resources accessed through or by means of the Services, and shall incur no liability if you were to suffer loss as a consequence of accessing such sites or resources.

Imvelaphi expressly disclaims all warranties, whether express, tacit or implied, as to the quality, content, suitability or nature of products, goods or services which are advertised or promoted by means of the Services. You understand and agree that any transactions which you may conclude with advertisers introduced to you by means of the Services will be directly between you and such advertisers, that Imvelaphi will not be a party to such transactions, and that Imvelaphi shall incur no liability if you were to suffer loss as a consequence of transactions concluded with advertisers. No advice or information, whether oral or written, which you may obtain from Imvelaphi or its agents, shall create any warranty not expressly stated in these General Terms.

LIMITATION OF LIABILITY

Imvelaphi shall in no event be liable for direct, indirect, incidental, special, consequential or exemplary damages, any loss of actual or anticipated profits (including loss of profit on contracts), revenue, business, opportunity, anticipated savings, use of money, goodwill, reputation, use, data or any other intangible losses (even if Imvelaphi has been advised of the possibility of such damages), resulting from: the use or the inability to use any service; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on or through any service; or any other matter relating to the Services. Without limiting the foregoing, Imvelaphi's total liability arising pertaining to the Terms and the Services shall in no event exceed 100% of the aggregate amounts paid or payable by you to Imvelaphi for the Services.

INDEMNITY BY USER

You agree to indemnify, defend and hold harmless Imvelaphi, its subsidiaries, affiliates, officers, agents and employees, from any claims which may be brought by third parties arising from your use of the Services.

NOTICES

Any notices sent to you by Imvelaphi at an address, e-mail address or mobile number contained in your Registration Data will be deemed to have been received by you on the following day.

TRADEMARK INFORMATION

The "Imvelaphi" trademark and all other logos, trademarks, service marks and product and service names associated with Imvelaphi and/or the Services (the "Imvelaphi Marks") are owned by Imvelaphi or its affiliates or vendors. You agree not to display or use in any manner the Imvelaphi Marks without prior permission from Imvelaphi.

GOVERNING LAWS & JURISDICTION

The construction and validity of the Terms and the relationship between you and Imvelaphi shall be governed by the laws of the Republic of South Africa. You agree that the agreement between Imvelaphi and you, as governed by these General Terms, will come into effect at the time and place of the acceptance by Imvelaphi of your application to use the Services. Imvelaphi shall be entitled, in its sole discretion, to institute any legal proceedings which may arise out of use of the Services in any Magistrate's Court having jurisdiction, notwithstanding the fact that the claim or value of the matter in dispute might exceed the jurisdiction of such Magistrate's Court in respect of the cause of action. Despite the a foregoing, nothing herein shall limit the right of Imvelaphi to proceed against you in any other court of competent jurisdiction.

INTERPRETATION

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.