SA AT PLAY (Pty) Ltd
REGISTRATION NUMBER: 2018/547543/07
Terms & Conditions
Table of Contents
- INTRODUCTION
- ADDITIONAL TERMS
- REGISTRATTION
- USE OF THE APP AND WEBSITE
- WARRANTIES BY YOU
- SOFTWARE AND HARDWARE
- INDEMNITY
- DISCLAIMERS
- USING AND SHARING YOUR PERSONAL INFORMATION
- MARKETING BY POST, EMAIL OR TEXT MESSAGES
- BREACH
- INTELLECTUAL PROPERTY
- GENERAL
- NOTICES
- APPLICABLE LAW
- CONTACT INFORMATION
MOBILE AND WEB APPLICATION TERMS AND ACCEPTABLE USE CONDITIONS (TERMS)
1. INTRODUCTION
Thank you for reading the SA AT PLAY Pty Ltd (SA@PLAY) Acceptable Use Policy (AUP). By accessing this Mobile App, Web App and Website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules, or policies which are displayed to you in connection with this service.
The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to customers and users what activities and online behaviour are considered an unacceptable use of the Mobile App, Web App and Website; to protect the integrity of our organisation and to specify the consequences that may flow from undertaking such prohibited activities.
These Terms form an agreement between you and us, so please make sure that you understand all of them. You agree that you will only use the Mobile App , Web App and Website in line with these Terms and any additional terms mentioned below that may apply, including any terms and conditions incorporated in these Terms by reference and applicable laws, rules, and regulations. Important clauses, which may limit our responsibility or involve some risk for you.
2. ADDITIONAL TERMS
These Terms apply together with the privacy policy statement, and any other relevant terms, conditions and disclaimers that are incorporated by reference into these Terms.
3. REGISTRATION
3.1.Once you have downloaded the Mobile App onto your Device, you must follow the prompts displayed for registration. Registration will generate a Digital Identity for you.
3.2.You can have only one Mobile App on a Device at a time, but you can download the Mobile App onto as many Devices as you require. You do not need to re-register for each Device, but you must login as normal with your Digital Identity.
4. USE OF THE APP AND WEBSITE
4.1.You should only use the latest version of the Mobile App. The App Store will notify you of any updates/upgrades that are available to you. If you do not install the latest version, the Mobile App may not function correctly and you may experience security and/or data flaws, for which we will not be liable under any circumstances.
4.2.You should only use the Mobile App on a Device for which it is intended, and as allowed by the usage rules set out in your App Store’s terms of service.
4.3.The Mobile App allows you to open only one Profile at a time; meaning you can only Transact with the Profile you have open at any given time.
5. WARRANTIES BY YOU
5.1.You represent and warrant that:
5.2.you have full contractual capacity, and no court has declared you mentally unfit.
5.3.you have given us the correct information; and
5.4.you have read and understand these Terms before entering into this agreement
6. SOFTWARE AND HARDWARE
6.1.You must use software and hardware suitable for the Mobile App. If you do not, the Mobile App service on your Device may not work properly and this could increase your security risks.
6.2.If we offer software to you on or through your Device, any licence agreement is between you and the software’s licensor. You indemnify us against any breach of such software licence.
6.3.We do not expressly or implicitly warrant:
6.4.the licensor’s ownership of any software provided on the Mobile App; or
6.5.rights of use of any licensor; and
6.6.that any software is suitable for its purpose.
7. INDEMNITY
7.1.You indemnify us against any loss or damages (direct, indirect, and consequential), that we may suffer because:
7.1.1.you have not paid costs or fees.
7.1.2.you gave us wrong instructions or information.
7.1.3.someone carried out an instruction without your permission or on your behalf.
7.2.You acknowledge and agree that:
7.2.1.these Terms are entered into between you and us. Since the Mobile and Web App is made available through the App Store, the App Store is a third party under these Terms and will also have the right to enforce these Terms against you.
7.2.2.to the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the Mobile or web App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Mobile or Web App or as a result of you or anyone else using the Mobile App or relying on any of its content;
7.2.3.any claims relating to the licence to the Mobile App, possession or use of the Mobile App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and
7.2.4.if any claim by a third party that your possession or use (in line with these Terms) of the Mobile App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.
8. DISCLAIMERS
8.1.Your use of Mobile App, Web App and Website is dependent on factors beyond our control, such as your network’s coverage or availability, your ISP’s availability or your Device’s capability and capacity.
8.2.We are not liable for any loss or damages you may suffer if a factor beyond our control arises and you cannot access the Mobile App, Web App or Website.
8.3.We (including our employees, consultants, agents or any affiliated person) are not responsible for any loss or damages related to your use of Mobile App, Web App or website, or any Intellectual Property flowing from their use. This includes, without limitation, any direct, indirect, special, incidental, or consequential damages in terms of contract, delict (breach of a duty of care) or law. We are not responsible for any loss or damages where:
8.3.1.someone finding out any of your Log In details and using these to register on the Mobile or Web App and fraudulently transacting on your profile, or enabling any other third party to commit any type of fraud or other illegal act against you;
8.3.2.any technical or other problem (interruption, malfunction, downtime or other failure) affects Mobile and Web App, a third-party system or any part of any database for any reason;
8.3.3.any Personal Information or other data is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus, or your own negligence.
8.3.4.any failure or problem affects goods or services provided by any other party; for example, any telecommunication service provider, ISP, electricity supplier local or other authority; or
8.3.5.any event that we have no control over.
9. USING AND SHARING YOUR PERSONAL INFORMATION
9.1.You consent to us Processing your Personal Information:
9.1.1.to provide products and services to you in terms of this agreement and any other products and services for which you may apply;
9.1.2.to carry out statistical and other analyses to identify potential markets and trends, evaluate and improve our business (this includes improving existing and developing new products and services);
9.1.3.by sharing your Personal Information with our third-party service providers, where the products or services are provided.
9.1.4.You have the right to know what Personal Information We hold about you. If You wish to access this information, please complete the Access Request Form available.
10. MARKETING BY POST, EMAIL OR TEXT MESSAGES
If you give us permission, we may use your Personal Information to contact you about products, services, and special offers from us or other companies that may interest you. We will do this by in Mobile or Web App notifications, email, or text message. If you decide that you do not want us to do this, you can contact us, and we will stop.
11. BREACH
We may stop you from using the Mobile or Web App for the purposes of conducting Mobile or Web App if you breach a clause of these Terms and do not remedy it within five days after we have asked you to do so. We may still take other steps available to us, including applying to a court for an urgent interdict against you.
12. INTELLECTUAL PROPERTY
12.1.We keep all Intellectual Property Rights in and to the Mobile App, Web App and Website, all content in it or sent to and from the Mobile App, Web App or Website.
12.2.We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive licence to use the Mobile or Web App, which may include updates and/or upgrades. You will be asked to accept any additional terms through the Mobile and Web App when they become applicable to you. The Mobile and Web App is licensed to you for the purposes in these Terms only and for no other purposes. The Mobile and Web App is licensed only to you and you will not grant any rights of use or any other rights in respect of the Mobile or Web App or any Intellectual Property Rights in it to any other person.
12.3.The license granted to you will commence when you install the Mobile or Web App and will continue until it is terminated in line with these Terms, which will result in the cancellation of your access to the Mobile or Web App and/or the termination thereof. On termination of the licence granted in these Terms for any reason, you must immediately stop all use of the Mobile or Web App.
12.4.You may not in any manner exploit the Mobile or Web App for any commercial gain of any nature.
12.5.Certain content available on the Mobile or Web App may include content belonging to third parties. We may provide links to third-party websites as a convenience to you. You acknowledge that we are not responsible and/or liable for the following and/or its accuracy:
12.5.1.all content belonging to third parties on the Mobile, Web App, website ; and/or
12.5.2.any content featured on the websites that are accessed via links found on the Mobile App.
12.6.You may not copy, adapt, modify, alter, de-compile, reverse engineer, attempt to derive the source code of or create derivative works of, or otherwise attempt to reproduce the Mobile App, its contents, including any Intellectual Property therein, its design, any updates to the Mobile App and/or any proprietary features in relation to it, or any parts of it. This prohibition extends to any and all content belonging to third parties that is found on the Mobile App and/or any content featured on the websites which are accessed via links that are found on the Mobile App. You may not sub-license such third-party content, including Intellectual Property Rights associated with it.
13. GENERAL
13.1.We may change these Terms by giving you written notice.
13.2.The invalidity, illegality, or unenforceability of any of the clauses in these Terms will not affect the validity, legality and enforceability of the remaining clauses of these Terms.
13.3.We may send you any notice about the Mobile App, Web App and website by email and we may regard the notice as having been received by you one day after it was sent.
13.4.We may terminate the Mobile or Web App at any time on notice to you. On termination of your registration to the Mobile or Web App, for any reason, all rights granted to you in respect of the Mobile or Web App will cease immediately.
13.5.If your Account is stopped or cancelled for any reason, we will cancel your Mobile or Web App registration.
14. NOTICES
14.1.We choose the registered address on our website at saatplay.com as the address Where any legal document or notice must be served on or delivered to us.
14.2.We will send any legal documents or notices to you at the address we have for you on our records.
14.3.We may send any other written communication to your street, postal or email address, or through the Mobile or Web App message system.
14.4.Any legal document or notice to be served in legal proceedings must be written on paper.The relevant provisions of the Electronic Communications and Transactions Act 35 of 2002 do not apply to these documents or notices.
15. APPLICABLE LAW
South African law will govern these Terms regarding your use of the Mobile and Web App. The Product Terms will however apply to your use of your Products.