By downloading, browsing, accessing or using the Mobility Loyalty mobile
application (“the App”), the Merchant (“you”) agrees to be bound by these Terms
and Conditions of Use (“the Terms”) and your use and continued use of the App shall
constitute acceptance of these Terms. Please read these Terms carefully as they
constitute a legal and binding agreement between you and Mobility in respect of the
Mobility Loyalty Program and in respect to your uploading, submission advertising of
Offers and Vouchers on the App and information regarding the yourself and the
details of the Offer, Product and Voucher. If you do not agree to these Terms, do not
use the App or participate in the MLP. Mobility reserves the right to amend these
Terms from time and will make any such amendments available for viewing on the
App. Your continued use of the App and/or participation in the MLP after any
amendment confirms your acceptance of the amendment.
The MLP is only available to retailers based in and registered in South Africa.
3.1
“the App” means the Mobility Loyalty Application, a mobile application that provides a list
discounts or deals to users in the form of Vouchers;
3.2
“Merchant” means any entity who provides Voucher to the App;
3.3
“Mobility” means __________________ (company name owning the MLP and
App);
3.4
“mobile provider” means the user’s respective mobile network provider;
3.5
“MLP” means to the Mobility Loyalty Program;
3.6
“Offer(s)” means offering Vouchers for sale on the App in exchange for Products provided by
Merchants;
3.7
“Product(s)” means the specified goods and/or services offered by the Merchant in the
Offer and which are provided by the Merchant in exchange for a Voucher;
3.8
“Privacy Policy” means the Privacy Policy set out in paragraph 15 herein;
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3.9
“redeem” means to redeem a Merchant’s Voucher on these Terms and “Redemption”
means the act of redeeming the Voucher;
3.10
“Terms” means these Terms and Conditions of Use and any amendment/s
thereto;
3.11
“User” means the user of the App who is the end-user for purposes of using the App and
accessing the Vouchers;
3.12
“Voucher(s)” means the Voucher offered by the Merchant at a discounted rate and which
you redeem at the Merchant in exchange for the Products;
3.13
“you” means the Merchant and “your” and “yourself” shall similarly apply.
4.1
Mobility operates the App for purposes of advertising the Merchant’s Products through
Offers and the sale of Vouchers which are available for purchase by the User. You hereby
wish to use the App to advertise and Offer and sell your Products as set out herein.
4.2
Upon joining the MLP, you agree to provide accurate, current, and complete information
about yourself, your Product/s and the Voucher information and undertake to maintain and
promptly update your information to keep it accurate, current, and complete. Should any
information provided by you not be accurate or complete, we may block you from using the
MLP and from uploading, advertising or otherwise notifying Users of your Products or
Vouchers.
4.3
Mobility reserves the right to block or prevent you from using the and to prevent you from
uploading, advertising or otherwise notifying Users of your Products or Vouchers.
USERS
5.1
You must register with MLP to use the MLP App and to upload, advertise and promote your
Product, Offer and Voucher.
5.2
Your use of the App, uploading of Offers, advertising of your Products and the sale of your
Vouchers is free and you may upload as many Offers as you wish.
5.3
Any attempted upload of information (including visual material), Offer, Product or Voucher
not consistent with these Terms may be disallowed at our sole discretion.
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5.4
The description, validity, suitability of your Offer, Product and Voucher remains your
responsibility and Mobility will not be held responsible for any consequences whatsoever,
be it direct or indirect, concerning your publication of any misleading and/or incorrect
information regarding your Offer, Product or Voucher.
5.5
Mobility is not responsible for marketing, advertising or the sale of your Product.
5.6
If the Product is faulty or broken, the User will complain to you directly and you hereby
indemnify and hold harmless Mobility for any damages suffered by a User in this regard.
5.7
Mobility is not responsible for the delivery of any Product.
5.8
Mobility shall not be responsible for any lost or stolen Voucher or Product that has been
redeemed.
5.9
By uploading any Offer and/or Voucher, you acknowledge that the User’s Redemption is
subject to the Terms and Conditions of Use for Users which is available for perusal on the
App and which you have read and in respect of which you agree.
You agree that Mobility may send to Users pre-programmed notifications on the App
in respect yourself and your Offers.
The App may contain links to other websites or mobile applications,
including your website or mobile application. Mobility does not have
any control over these other websites and/or mobile applications and
is not responsible for their content and security. Should a User click on
a link to another website and/or mobile application, such User does so
at his/her own risk and subject to the Privacy Policy, and terms and
conditions of that website and/or mobile application.
8. UNDERTAKINGS BY THE MERCHANT
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8.1
Upon registering as a Merchant with the MLP, you agree to provide accurate, current, and
complete information in respect of yourself, your Offer, Product and Voucher and undertake
to maintain and promptly update your information to keep it accurate, current, and
complete.
8.2
Without limitation, you undertake not to use or permit anyone else to use the App to:
8.2.1
send, receive or upload any material which is uncivil or distasteful;
8.2.2
send, receive or upload any material which is threatening, grossly offensive, of an indecent,
obscene or menacing nature, blasphemous or defamatory of any person, in contempt of
court or in breach of confidence, copyright, rights of personality, publicity or privacy or any
other third party rights;
8.2.3
send, receive or upload any material for which you have not obtained all necessary licences
and/or approvals (from us or third parties); or which constitutes or encourages conduct that
would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to
the law of or infringe the rights of any third party in any country in the world;
8.2.4
send, receive or upload any material which is technically harmful (including computer
viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other
malicious software or harmful data);
8.2.5
to cause annoyance, inconvenience or needless anxiety;
8.2.6
to intercept or attempt to intercept any communications transmitted by way of a
telecommunications system;
8.2.7
for a purpose other than which we have designed them or intended them to be
used;
8.2.8
for any fraudulent purpose;
8.2.9
other than in conformance with accepted Internet practices and practices of any connected
networks;
8.2.10
in any way which is calculated to incite hatred against any ethnic, religious or any other
minority or is otherwise calculated to adversely affect any individual, group or entity; or
8.2.11 in such a way as to, or commit any act that would or does, impose an unreasonable
or disproportionately large load on our infrastructure.
8.3
without limitation, you further undertake not to or permit anyone else to:
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8.3.1
furnish false data including false names, addresses and contact details and fraudulently use
bank account details or credit/debit card numbers;
8.3.2
attempt to circumvent our security or network including accessing data not intended for
you, log into a server or account you are not expressly authorised to access, or probing the
security of other networks;
8.3.3
execute any form of network monitoring which will intercept data not intended for you;
8.3.4
enter into fraudulent interactions or transactions with us or a Merchant (including
interacting or transacting purportedly on behalf of a third party where you have no
authority to bind that third party or you are pretending to be a third party);
8.3.5
extract data from or hack into the App;
8.3.6
engage in any unlawful activity in connection with the use of the App; or
8.3.7
engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any
User from properly using or enjoying the App.
9.1
We will use reasonable endeavours to correct any errors or omissions in respect of the
information on the App as soon as practicable after being notified of them by you and/or a
User. However, we do not guarantee that the App or any information contained in the App
will be free of faults, and we do not accept liability for any such faults, errors or omissions.
In the event of any such error, fault or omission, you should report it by contacting us at ![]()
info@mobility-loyalty.co.za.
9.2
We do not warrant that your use of the App will be uninterrupted, and we do not warrant
that any information (or messages) transmitted via the App will be transmitted accurately,
reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted
access to the Vouchers and the App, access to the App may be suspended, restricted or
terminated at any time.
9.3
We do not give any warranty that App is free from viruses or anything else which may have
a harmful effect on any technology.
9.4
We reserve the right to change, modify, substitute, suspend or remove without notice any
information on the App from time to time. Your access to the App and may also be
occasionally restricted to allow for repairs, maintenance or the introduction of new facilities.
We will attempt to restore such access as soon as we reasonably can. For the avoidance of
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doubt, we reserve the right to withdraw any information from the App at any time.
9.5
We reserve the right to block access to and/or to edit or remove any material which in our
reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
10.1
If we suspend your account with MLP we may refuse to restore same.
10.2
Mobility shall fully cooperate with any law enforcement authorities or court order
requesting or directing Mobility to disclose the identity or locate anyone in breach of these
Terms.
10.3
Without limitation to anything else in this Clause 10, we reserve the right, with or without
notice, to suspend, alternatively, terminate your MLP account and/or your participation in
the MLP if we determine in our sole discretion that:
10.4.1
you have violated these Terms;
10.4.2
we suspect, on reasonable grounds, that you may have committed or be committing any
fraud against us or any person;
10.4.3
the use of your MLP account is unauthorized, deceptive, fraudulent or otherwise unlawful;
10.5
Our rights under this paragraph 10 shall not prejudice any other right or remedy we may
have in respect of any breach or any rights, obligations or liabilities accrued prior to
termination.
10.6
You may terminate your account with the MLP on 1 calendar months’ notice, which notice
shall be in writing and sent to
info@mobility-loyalty.co.za. You shall honour all Vouchers
purchased on or before the expiration of the notice period in strict accordance with the
details of such Vouchers.
11.1
You use the App at your own risk.
11.2
Mobility shall not be liable for any direct, indirect, special or other damages or losses that
may result from your access and use of the App or using information, or merchandise
provided through the MLP. Mobility makes no warrantees, guarantees or representations of
any kind in respect of the MLP or the App unless specifically set out in these Terms.
11.3
We do not warrant that the App will always be accessible, uninterrupted, timely, secure,
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error free or free from computer virus or other invasive or damaging code or that the App
will not be affected by any force majeure events, including inability to obtain or shortage of
necessary materials, equipment facilities, power or telecommunications, lack of
telecommunications equipment or facilities and failure of information technology or
telecommunications equipment or facilities.
11.4
You agree to indemnify and hold harmless Mobility against any damages, claim, action, or
proceeding brought or threatened to be brought against us which is caused by or arising out
any other party’s use of the App using your user ID, verification PIN and/or any identifier
number allocated Mobility, and/or your breach of any of these Terms.
11.5
Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all
electronic data transfers are potentially susceptible to interception by others. We cannot,
and do not, warrant that data transfers pursuant to the App, or electronic mail transmitted
to and from us, will not be monitored or read by others.
11.6
The MLP, the Vouchers and any Redemptions are intended solely for use by Users who
access the MLP and the App in South Africa and for Merchants who are based in South
Africa. Should you Offer any Product on the App extending outside South Africa, you fully
indemnify and hold harmless Mobility for any damages of whatsoever nature, be it direct or
indirect, consequential from such Offer.
11.7
While we may use reasonable efforts to include accurate and up-to-date information on the
App, we make no warranties or representations as to its accuracy, timeliness or
completeness.
11.8
We shall not be liable for any acts or omissions of any third parties howsoever caused, and
for any direct, indirect, incidental, special, consequential or punitive damages, howsoever
caused, resulting from or in connection with the App, your access to, use of or inability to
use the App, reliance on or downloading from the App, or any delays, inaccuracies in the
information or in its transmission.
11.9
The above exclusions and limitations apply only to the extent permitted by law. None of
your statutory rights as a consumer that cannot be excluded or limited are affected.
11.10
You expressly agree with and consent to the provisions of this paragraph 11 and confirm
that same are fair and reasonable.
12.1
All editorial content, information, photographs, illustrations, artwork and other graphic
materials, and names, logos and trademarks on the App are owned by Mobility and
protected by South African and international copyright, trademark, patent, and/or
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intellectual property laws. Subject to the Terms, Mobility grants you a personal,
non-exclusive, non-transferable, limited right to access, use, display, and download this App
for non-commercial purposes only. You may not otherwise copy, reproduce, distribute,
transmit, display, perform, publish, license, modify, create derivative works from, sell,
exploit, in whole or in part, this App or the content of this App.
12.2
We will take legal action against any unauthorised usage of our trademarks, name or
symbols to preserve and protect its rights in the matter, costs of which will be claimed from
you on attorney and own client scale. All rights not expressly granted herein are reserved.
Other product and company names mentioned herein may also be the trademarks of their
respective owners.
13.1
We reserve the right to amend or modify these Terms from time to time without notice. The
revised Terms will be posted on the App and shall take effect from the date of such posting.
You agree to familiarise yourself with the Terms periodically as they are binding upon you.
13.2
Your continued use of the App or participation in the MLP after any amendment or
modification confirms your acceptance of the amendment or modification.
13.3
We assume no liability or responsibility for any errors or omissions in the content of the
App.
14.1
The laws of the Republic of South Africa will apply to all matters relating to the use of the
App.
14.2
You accept and agree that both you and we shall submit to the jurisdiction of the
Magistrate’s courts of South Africa in respect of any dispute arising out of and/or in
connection with these Terms.
14.3
When you visit the App or send emails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will communicate with
you by email or by posting notices on the App. You agree that all agreements, notices,
disclosures, and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. You further agree that any notices
provided by us electronically are deemed to be given and received on the date we transmit
any such electronic communication as described in these Terms.
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15.1
Access to the App is subject to this Privacy Policy. By accessing the App and by continuing to
use the App, you are deemed to have accepted this Privacy Policy, and in particular, you are
deemed to have consented to our use and disclosure of your personal information in the
manner prescribed in this Privacy Policy and for the purposes in these Terms.
15.2
We reserve the right to amend this Privacy Policy from time to time. If you disagree with any
part of this Privacy Policy, you must immediately discontinue your access to the App and
your use of the Vouchers.
15.3
As part of the normal operation of business, we collect, use and, in some cases, disclose
information about you to third parties. Accordingly, we have developed this Privacy Policy in
order for you to understand how we collect, use, communicate and disclose and make use
of your personal information when you upload Offers on the App:
15.3.1
Before or at the time of collecting personal information, we will identify the purposes for
which information is being collected.
15.3.2 We will collect and use of personal information solely with the objective of fulfilling those
purposes specified by us and for other compatible purposes, unless we obtain the consent
of the individual concerned or as required by law.
15.3.3 We will only retain personal information as long as necessary for the fulfilment of those
purposes.
15.3.4 We will collect personal information by lawful and fair means and, where appropriate, with
the knowledge or consent of the individual concerned.
15.3.5 We will protect personal information by reasonable security safeguards against loss or theft,
as well as unauthorized access, disclosure, copying, use or modification.