MOBIZ TERMS AND CONDITIONS OF USE


Publication Date: [08/05/2020]

Aerofone Communications Proprietary Limited strives to make every user interaction a professional one by ensuring that we fulfil our duties and obligations to our valued users. In order to do so, we would like to take this opportunity to share with you our Terms and Conditions of Use (“Terms”), where all users of the Platform can see the exact details of how we value professional transparency in all of our operations.

View our distinct sections on Intellectual Property, Disclaimers and Warranties and Indemnifications. Our Privacy Policy governs what information we collect and how we use it.

Note: Pay specific attention to the BOLD paragraphs of the Terms. Bolded paragraphs draw your attention to clauses that limit the risk or liability of Mobiz or a related third party; constitute an assumption of risk or liability by you; impose an obligation on you to indemnify Mobiz or is an acknowledgement of any fact by you.

1. Introduction

1.1. Your access and use of the Platform constitute your consent to be bound by the Terms and establishes a contractual relationship between you and Mobiz. If you do not agree to the Terms, you may not access or use the Platform and/or Services.

1.2. The Terms expressly supersede prior agreements or arrangements with you. Mobiz may immediately terminate the Terms or any Service with respect to you, or generally cease offering or deny access to the Services if you are in violation of the Terms.

1.3. Mobiz may amend the Terms from time to time. The amended Terms will become effective from the Publication Date and on the date Mobiz publishes the Terms at this location. Your continued access or use of the Platform after such posting constitutes your consent to be bound by the Terms, as amended. You agree that notice on www.mobiz.co (“Website”) is adequate notice.

2. Client use of the Service

2.1. In order to use the Services, a Client must register for and maintain an active personal user Services account (“Account”). In order to register for an Account, the Client will provide certain information to Mobiz such as the Client’s registered business address, registration number, proof of bank account and billing information.

2.2. When the Client’s unique username and password is used on the Platform, Mobiz is entitled to assume that the Client is using the Platform. The Client is responsible for all activity that occurs under its Account, and the Client agrees to maintain the security and secrecy of your Account username and password at all time. A Client may not authorize third parties to use the Account. Do not share your log-in details or password with anyone, including Mobiz.

2.3. Supplemental terms apply to Clients for certain Services and such supplemental terms will be disclosed to a Client in connection with the applicable Services. Supplemental terms are in addition to and shall be deemed incorporated into the Terms for the purposes of the Services.

2.4. Mobiz may require you, for certain functions on the Website such as a product demo, to submit your full registered business or personal name and contact details on the Website. By submitting your personal information to the Platform, you expressly consent to Mobiz using this information as per our Privacy Policy.

3. Relationship between the Parties

3.1. YOU ACKNOWLEDGE AND AGREE THAT MOBIZ PROVIDES SOFTWARE AND ONLINE PLATFORM FOR ENTERPRISES TO CREATE AND SEND DATA MESSAGES TO ITS OWN CUSTOMERS VIA USE OF THE SERVICES.

3.2. Subject to your adherence to the Terms, Mobiz grants to you a limited, revocable, non-exclusive and non-transferable license to use the Platform on one device or computer where you are the primary user. Nothing contained on the Platform should be construed as granting any license or right to use any intellectual property without the prior written permission of Mobiz. The Platform cannot be sold, transferred or used for any other commercial purpose.

3.3. If you use or access the Platform, you do so entirely at your own risk. Mobiz is not involved other than as provided in these Terms, or supplemental terms (if applicable to the Client).

3.4.The Platform may be made available or accessed in connection with third-party services and content (including advertising) that Mobiz does not control. If you install or enable any third-party application or service for use with the Platform, whether on your own or through giving instruction to Mobiz, you grant Mobiz permission to allow the third-party application or service provider to access your data as required for the interoperation of that third-party application with the Service (“Third-Party Provider”). We are not responsible for any disclosure, modification or deletion of your data resulting from access by a Third-Party Provider:

3.4.1. You acknowledge that different terms of use and privacy policies may apply to your use of a Third-Party Provider services and content.

3.4.2. Mobiz does not endorse such Third-Party Provider’s services and content and in no event shall Mobiz be responsible or liable for any products or services of such Third-Party Providers.

4. User Responsibilities and Warranties

4.1. In order to use certain features of the Platform, such as a product demo, or register for an Account, you must complete the registration process detailed on the Platform.

4.2. You agree to provide and maintain accurate, complete, and up-to-date information in in a registration process and/or on your Account, failing which Mobiz may be unable to provide the Services to you or may terminate the Terms.

4.3. You must notify Mobiz immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your Platform information and to take steps to mitigate any resultant loss or harm.

4.4. By using the Platform, you warrant that you:

4.4.1. have read and agreed to the Terms and Privacy Policy, and will use the Platform in accordance with them, any supplemental terms provided to you by Mobiz and any Third-Party Provider terms and conditions applicable to your use of the Platform;

4.4.2. are the age of majority for the legal jurisdiction that you reside in to access and agree to the Terms. If you are not the age of majority, or lack legal capacity, your guardian has agreed to the Terms;

4.4.3. have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;

4.4.4. will not upload, post, replicate or transmit any abusive content on the Platform that is, or could reasonably be considered, threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence in breach of privacy or restrict any user in any way from properly using the Platform;

4.4.5. will not send any unsolicited electronic message to a user (“spam”) 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 that contain corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or underlying software code;

4.4.6. will not interfere with, disseminate, copy, alter, adapt, reverse-engineer, modify, duplicate, translate, decompile, create derivatives of or otherwise use the Platform for any unauthorized purpose;

4.4.7. will not infringe any third party or Mobiz’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;

4.4.8. will comply with all applicable laws and regulations of the country or region in which you reside or use the Platform, and you may only use the Services for lawful purposes, including but not limited to in compliance with the South African Consumer Protection Act, South African Protection of Personal Information Act, American CAN SPAM Act, American Telephone Consumer Protection Act and the American Do-Not-Call Implementation Act;

4.4.9. will not, in your use of the Platform, cause nuisance, annoyance, inconvenience, or damage, whether to Mobiz, the Third-Party Provider, the End-User or any other party; and/or

4.4.10. will not facilitate or assist any third party to do any of the above.

5. Receipt and Transmission of Data Messages

5.1. Mobiz does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.

5.2. Data messages, including email messages, sent by you to Mobiz will be considered to be received only when acknowledged or responded to by Mobiz.

5.3. Data messages sent by Mobiz to you will be regarded as received when the complete data message enters the information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

5.4. Mobiz reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.

5.5. Messages over the internet cannot be guaranteed to be completely secured as they can be intercepted, lost or corrupted. Mobiz is therefore not responsible for the accuracy of any message sent by email or the Platform over the internet, whether from Mobiz to a user or from a user to Mobiz.

6. Hyperlinks, Deep Links, Framing

The Platform may include links to other internet sites (“the other sites”). Mobiz does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of the other sites by Mobiz.

7. Advertising and Sponsorship

7.1. The Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform complies with all applicable law and regulations, including but not limited to its own terms of engagement.

7.2. Mobiz, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted by law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

8. Intellectual Property

8.1. All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organization and layout of the Platform), together with the underlying software code and everything submitted by you to the Platform and Mobiz in use of the Services, (“the intellectual property”) are owned (or co-owned, or licensed, as the case may be) by Mobiz, its members, associates, and/or partners whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

8.2. Subject to the rights afforded to you in these Terms and supplemental terms, all other rights to all the intellectual property on the Platform and related to the Services are expressly reserved by Mobiz. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any of the intellectual property, editorial content, graphics or other material on the Platform, whether in whole or in part, without the written consent of Mobiz first being granted, which consent may be refused at the discretion of Mobiz. No modification of the intellectual property or editorial content or graphics is permitted.

8.3. Mobiz reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics or other materials on the Platform, or to suspend or terminate the Platform, at any time without notice; provided that any supplemental terms agreed between Mobiz and the Client will not be affected by such suspension or termination, as the case may be.

8.4. Where any of the intellectual property of the Platform has been licensed to Mobiz or belongs to any third party, other than that which has been submitted by a Client to the Platform in the use of the Services, all rights to use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

8.5. If you believe that any user has submitted content to our Platform that violates your copyright, please send us an email to info@mobiz.co so that we can take the appropriate action.

9. Disclaimers and Warranties

9.1. The content appearing on the Platform may include technical, typographical or photographical errors. The Platform, including any intellectual property appearing therein, is provided “as is” and “as available”. Mobiz makes no representations or warranties, whether express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Platform or the information contained in it.

9.2. You acknowledge that Mobiz has no obligation to monitor any information you input on the Platform and that Mobiz is not responsible for the accuracy, completeness, appropriateness, safety or legality of the information or content a Client sends to Customers.

9.3. Mobiz, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information available on (or by means of) the Platform and/or transactions or actions resulting therefrom, including the representation of success of a marketing campaign to an End-User.

9.4. Mobiz, its directors, employees, partners, and affiliates, accept no liability whatsoever for, and you indemnify Mobiz from any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including economic loss, consequential loss, loss of profits, loss of data, or any form of punitive damages, resulting from the facilitation and offering the Services and the access to, or use of, the Platform in any manner. In no event will the collective liability of Mobiz and/or its directors, employees, partners, affiliates, licensors, representatives and business partners to any party, regardless of the type of action, whether in contract, delict or otherwise exceed the fees a user has paid to Mobiz in the previous month.

9.5. Mobiz maintains administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your data as described in our Privacy Policy. However, information transmitted over the internet cannot be guaranteed to be secure. Mobiz does not warrant or represent that your access to the Platform will be uninterrupted, intercepted or error free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. You acknowledge that it is your responsibility to use a secure encrypted connection if you want to protect the data sent to the Platform and to keep your own backup copies of your data.

9.6. You are responsible for immediately notifying Mobiz of any unauthorized use of a Client Account, or breach of a Client Account information or password. Mobiz will not be liable for any loss that a user may incur as a result of an unauthorized user using a Client Account, either with or without a Client’s knowledge. To the extent permissible by law, a Client shall be liable for any expenses, including usage charges and fines, fees, and costs associated with that Client’s failure to safeguard its Account and/or promptly notify Mobiz about unauthorized use or breach of its Account.

9.7. Actual or attempted unauthorized use of the Platform may result in criminal and/or civil prosecution. For our users’ protection, we reserve the right to view, monitor, and record activity on the Platform without notice or further permission from you, to the fullest extent permissible by law.

10. Indemnities

10.1. Mobiz relies on information supplied to it by its Clients to communicate with the Client’s Customers using the Platform and/or Services and Mobiz accordingly bears no liability for any inaccuracies in such information supplied to it, including the account information, contact details or content sent to Customers.

10.2. You agree to hold harmless and indemnify Mobiz against any losses, expenses or claims by any third party arising as a result of your use of the Platform, including but not limited to claims of breach of intellectual property or privacy, services rendered by Third-Party Providers or any other act or omission by a user.

10.3. You further agree to indemnify, defend and hold Mobiz harmless from any direct or indirect liability, loss, claim and expense (including legal fees) related to your breach of the Terms, the Privacy Policy, your violation of any laws or the rights of a third party.

10.4. This clause will survive termination of this agreement.

11. Company Information

11.1. Platform owner: Aerofone Communications Proprietary Limited

11.2. Legal Status: Private Company

11.3. Registration Number: 2005/022324/07

11.4. Director: Greg Chen

11.5.Description of main business: SaaS platform that allows for Client Account holders to generate in-text links featuring hyper- personalized landing pages delivered through SMS to Customers

11.6. Telephone Number: +27 21 510 7911 (South Africa)

11.7. Email Address: info@mobiz.co

11.8. Platform Location: mobiz.co

11.9. Physical and Registered Address: Unit 2H Matrix Building, 8 Bridgeway Boulevard,Bridgeway Precinct, Century City, Cape Town, 7441, South Africa

11.10. Postal Address: PO Box 529, Century City, 7446

12. Dispute Resolution and Governing Law

12.1. Your access and/or use of the Platform, any downloaded material from it and the operation of the Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

12.2. Should any dispute arise between the parties concerning the use of the Platform, the parties will resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

12.3. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion on their behalf.

12.4. Notwithstanding the above, a user and Mobiz consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

13. Termination of Use of the Platform

13.1. In addition to the conditions provided for above, Mobiz reserves the right to terminate and cancel your Account if you breach any of the Terms.

13.2. If you wish to terminate the Terms with Mobiz, you may do so by discontinuing the use of the Platform and/or following the directions on the supplemental terms, as the case may be.

13.3. The obligations and liabilities of the parties incurred prior to the termination date of the agreement shall survive the termination of this agreement for all purposes, including the payment of any charges due and payable by you in relation to the Platform.

13.4. In the event of cancellation of your agreement with the Terms and with Mobiz, Mobiz will de-register your Account and remove you from the Platform.

14. General

14.1. Aside from clause 1.3 above, no variation, cancellation or addition to the Terms will be of any force or effect unless reduced to writing and signed by the user and Mobiz’s duly authorized representative.

14.2. No indulgence, leniency or extension of time granted by Mobiz shall constitute a waiver of any of Mobiz’s rights under the Terms and, accordingly, Mobiz shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which may arise in the future.

14.3. The headings to the paragraphs to the Terms are inserted for reference purposes only and do not affect the interpretation of any of the provisions to which they relate.

14.4. Each term, clause, sentence, paragraph and provision of the Terms and any portion thereof shall be considered severable and if for any reason any such term, clause, sentence, paragraph or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation where the Platform is used, or in terms of a final, binding judgement issued by any court, it shall to that extent be deemed to not form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

14.5. No term or condition of the Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto.

14.6. If you have any queries or complaints, please send us an email at info@mobiz.co.