1.1. A business or sole proprietor can register to use the Platform and receive a free QR code by providing Mobiz with its full company name (or full name if a sole proprietor), registration number (or ID number if a sole proprietor), contact number and email address ("business").
1.2. Once the business has been accepted by Mobiz, Mobiz will email the business 1 (one) unique QR code to print and display on the business premises for use by users for the purpose of providing screening information for COVID-19. A feature will also be available to the business on the Platform for users to opt-in to receive promotional material from the business.
1.3. By scanning the QR code, the user will be redirected to a series of questions to answer and the user incurs no mobile data charges.
1.4. In addition, and for as long as the Platform is available, Mobiz will email the collected user data related to the business's unique QR code to the email address provided by the business at most once per day.
2.1. Subject to the user's adherence to these Terms, Mobiz grants a personal, non-exclusive, non-assignable and non-transferable license to display all content and information on the Platform. Nothing contained herein should be construed as granting any license or right to use any intellectual property for any other purpose without the prior written permission of Mobiz.
2.2. By using the Platform, you warrant that you will not:
2.2.1. send any unsolicited electronic messages or use any software, routine or device to interfere, or attempt to interfere, electronically or manually, with the operation or functionality of the Platform, including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end 'look and feel' of the Platform or the underlying software code;
2.2.2. copy, modify, alter, publish, distribute, sell or transfer any intellectual property, editorial content, graphics, software code whether in whole or in part, without the prior written consent of Mobiz;
2.2.3. infringe on any third party's or Mobiz's intellectual property, privacy, consumer protection or other rights, or transmit content that you do not own or do not have the express right to publish, reproduce and/or distribute;
2.2.4. use the Platform for any commercial purpose other than expressly provided for by Mobiz;
2.2.5. use the Platform to breach any applicable law, regulation, COVID-19 notice, including but not limited to Information Regulator Guidance Notes and Consumer Protection Act, or perform or encourage any illegal activity; and
2.2.6. facilitate or assist any third party to do any of the above.
2.3. Without prejudice to any of Mobiz's other rights (whether in law or otherwise), Mobiz reserves the right to deny you access to the Platform where Mobiz believes that you are in breach of any of these Terms, or for any reason whatsoever.
3.1. Users understand that there are risks involved in sharing personal information. By disclosing personal information, users acknowledge that this information may be collected and used by the business to communicate with you.
3.1. Mobiz is not and does not act as the responsible party of the personal information you put on the Platform (as defined by POPIA) and, save for the business, does not use the personal information of users who input their personal information on the Platform for its own use nor does Mobiz share any personal information with any third-party for that third-party’s use.
3.1. Mobiz will store the users' personal information for no more than 30 (thirty) calendar days from the date in which the data was input on the Platform.
4.1. You grant Mobiz a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to display and send the content that you submit on the Platform to the business utilizing the Platform.
4.2. All trademarks, copyright, database rights and other intellectual property rights vested in the Platform (as well as the organizational and layout of the Platform, together with the underlying software code) ("the intellectual property") are owned (or co-owned, as the case may be) by Mobiz, whether directly or indirectly.
4.3. Mobiz reserves the right to make changes to the Platform, or to suspend or terminate the Platform, at any time without notice.
5.1. The Platform is provided "as is" and "as available" and is used as a platform between third parties only. Mobiz makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, quality, correctness or suitability of either the Platform or the information contained on it, nor that the Platform will function on any particular hardware or device.
5.2. Further, Mobiz does not make any representations or warranties in respect of any communications exchanged between users taking place through the Platform. Mobiz cannot and does not control the actions or identity of users on the Platform. As such, and to the maximum extent permitted in law, Mobiz, its members, employees, suppliers, partners, affiliates and agents shall not be liable for, and the user indemnifies them from, any direct or indirect loss (including consequential loss, economic loss, loss of profits), damage, injury, illness, or death resulting from any event or action or omission by the user or any other person, arising from or in any way connected to the use of the Platform. This clause will survive termination of this agreement.
5.3. Mobiz takes reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access to the Platform, however, Mobiz does not warrant or represent that your access to the Platform will be uninterrupted or error free or that any information, data, software or other materials accessible through the Platform will be free of bugs, viruses, or other harmful components. You access and use the Platform solely at your own risk.
5.4. If you wish to terminate this agreement with Mobiz you may do so by sending us an email at email@example.com and/or discontinuing the use of the Platform.
6.1. The user's access and/or use of the Platform and the operation of these Terms shall be governed and interpreted by the laws of South Africa.
6.2. In the event of the user breaching these Terms, the user shall be liable for all legal costs (on an attorney and client scale) which may be incurred by Mobiz exercising its right to attend to the breach.
6.3. Each sentence, clause, provision and portion thereof is severable and if, for any reason, the aforesaid is held to be invalid, contrary to, or conflict with any applicable law or regulation, it shall be deemed not to form part hereof and shall not impair the operation of, or have any effect on the remaining valid sentence, clause or provision, which shall continue to be given full force and effect.
6.4. These terms are not intended to breach any peremptory provisions of the CPA or any regulations thereto ("Prohibited Provision". Any breach of such Prohibited Provision shall be governed by clause 6.3 mutatis mutandis.