Legal Terms and Conditions
Welcome to the Wallettec and mybux terms and conditions. We hope that You are enjoying your visit to our Website or Mobile Apps and find the content and services useful.
Wallettec Terms & Conditions
1. WALLETTEC’S STANDARD TERMS AND CONDITIONS OF BUSINESS
In this Agreement, the context clearly indicates a contrary intention, the words herein below defined shall have the meanings assigned to them, and similar expressions shall bear corresponding meanings:
1.2 "activation" means the enabling of the software on the designated system by Wallettec to enable the Merchant to operate the software in terms of this Agreement;
1.3 "Agreement" means collectively the Schedule and these terms and conditions;
1.4 "charges" means the setup fee, monthly service charges, usage charges and any other charges pertaining to the provision of Wallettec services, and other services howsoever described, by Wallettec to the Merchant as detailed in clause 4 from time to time;
1.5 "setup fee" means the charge levied by Wallettec on the Merchant and connection for activating a Merchant’s service;
1.6 "Bank" shall mean the bank or mobile money provider or financial service provider to which Wallettec is sending the transaction for authorization and settlement on behalf of the Merchant;
1.7 "Merchant" means the party whose particulars appear on the Schedule;
1.8 "Wallettec" shall mean 39Holding Ltd. Registration Number 158164 C1/GBL, a registered company in Mauritius
1.9 "a month" shall mean a period that commences at 0h00 on a particular day (determined by Wallettec from time to time) of a calendar month and shall endure until 0h00 on the same day of the following calendar month.
1.10 "monthly service charge" means the monthly subscription required by Wallettec in consideration for the Merchant’s access to and use of the Wallettec services as detailed in a clause 4 from time to time;
1.11 "Effective date" means the date the Merchant registers and accepts the Wallettec Terms of Business via the Wallettec website or the date specified in the Schedule, whichever is the later;
1.12 "Wallettec services" means any solution made accessible to the Merchant by Wallettec in terms of this Agreement.
1.13 "order" means an order placed by a Merchant to Wallettec as per the Schedule or in any other form approved by Wallettec for the provision and/or installation of tis solutions or services;
1.14 "the Schedule" means the order or application from section of this Agreement and to which these terms and conditions are attached or printed overleaf;
1.15 "Merchant" means that party whose particulars appear on the Schedule;
1.16 "usage charges" means the charges charged by Wallettec to the Merchant for recorded usages of its services, as published in the clause 4 from time to time;
1.17 "transaction" means any transaction concluded between a business merchant and consumer facilitated through the use of the Software.
2 COMMENCEMENT AND TERMINATION
2.1 The Agreement shall commence on Effective Date and except as otherwise provided in the Agreement, and run month to month and continue unless the Merchant files a full calendar month written notice of termination.
2.2 Wallettec reserves the right to terminate this Agreement forthwith on written notice to the Merchant in the event of the bank in terms of which Wallettec is authorized and empowered to give the Merchant access to the Wallettec services being terminated for whatsoever reason.
2.3 Notwithstanding the use of agents or other intermediaries by Wallettec, the order by the Merchant is an offer made by the Merchant to Wallettec and will be considered once received by Wallettec. Wallettec’ s acceptance of the offer (if it does accept) shall be by way of signing this Agreement.
2.4 Wallettec’s set up fee is nonrefundable and will be charged in the month following receipt of the Merchant agreement irrespective of Merchant id being issued.
3 INTERGATION AND WALLETTEC SERVICES
3.1 The order placed by the Merchant on Wallettec is subject to the approval of Wallettec in their sole discretion. If Wallettec does not approve the order, it shall not be under any obligation to the Merchant to give reasons for its decision.
3.2 Wallettec shall utilize its best endeavors to promptly comply with any supply and/or delivery and/or integration requirements recorded in the order, but shall not be liable to the Merchant in the event that such supply and/or delivery and/or installation is delayed or cancelled, for whatsoever reason. Wallettec may in its discretion refer the Merchant to a third party who may undertake the installation in its own name for and on behalf and not as an agent of Wallettec. The Merchant waives all and any claims from whatsoever cause arising against Wallettec or any other party arising out of the provision of its services.
3.3 The Merchant shall be responsible for obtaining all necessary approval and authorities imposed by any competent authority and required for the purpose of any such supply and/or delivery and/or installation, and the Merchant hereby indemnifies Wallettec against any claim or liability suffered by Wallettec by reason of such approval and authorities not having been obtained, whether arising as a consequence of the conclusion or implementation of this Agreement or otherwise.
3.4 The Merchant hereby warrants and undertakes in favor of Wallettec that the Merchant:
3.5 Shall not use or allow the Wallettec services to be used for any improper, immoral or unlawful purposes nor in any way which may cause injury or damage to persons or property or an impairment or interruption to the Wallettec services.
3.6 Recognize that no right, title or interest in the software, issued to the Merchant vests in the Merchant.
3.7 Wallettec shall notify the Merchant in writing about any kind of fraud defining the Subscriber’s ID, the sum of fraudulent payment and its reason.
3.8 Wallettec shall not be entitled to suspend the acceptance of payments from Payers for the Merchant 's products without prior written notice to the Merchant, with the obligatory explanation of reasons.
4.1 In consideration for the provision of the Wallettec services, and any other services supplied by Wallettec to the Merchant, the Merchant shall affect payment to Wallettec of the applicable charges as detailed in the clause 4.2, and whether or not the Wallettec services have been or are being utilized by the Merchant.
4.2 The Merchant will be liable for the following charges
4.2.1 For a detailed breakdown of the fees please see the Fee Breakdown section.
4.3 You warrant that you understand and agree to the fee structure which can be found in clause 4.2 and you warrant that you understand and agree that all transactions sent to the Wallettec Payment Gateway, whether successful, purchase or refund will be charged.
4.4 Unless varied in the Schedule,
4.4.1 fees will be deducted from the transaction amount in real time. The Merchant will be notified in such cases.
4.5 Notwithstanding the provisions of clause 4.4 Wallettec may at any time on reasonable written notice to the Merchant vary its invoicing and payment procedures and requirements.
4.6 Wallettec shall pass to the Merchant information about funds accepted from Payers in payment for the Merchant's products, and shall do so electronically in the approved formats using the approved communication means and networks.
4.6.1 Within 5 (five) business days of the calendar month immediately following the reporting month, the Wallettec shall submit for the Merchant's approval the Wallettec 's Monthly Report executed in the format stipulated herein (TRANSACTION REPORT FORMAT) with the information about the sum of transactions made in the previous month, the amounts of Wallettec 's fee deducted by Wallettec and the amount of payments due to the Merchant. Wallettec's Monthly Report is sent from Wallettec’s e-mail email@example.com.
4.6.2 Should the Merchant have objections in connection with the Monthly Report, the Merchant shall make them known to Wallettec in writing form within 5 working days.
4.6.3 In case Wallettec fails to submit Monthly Report in the said period of time, the Merchant is entitled to act according to clauses 4.6.1 and 6.5 of the Agreement.
4.6.4 The Merchant is entitled to make the Monthly Report based on its own data according to the format specified in (TRANSACTION REPORT FORMAT).
5.1 Upon receipt of official liquidation instructions via the Wallettec portal, Wallettec shall liquidate the funds upon request via wire transfer. Wallettec shall not cover the prevailing bank transfer fees, but shall make the fees known from time to time, as instructed by their banking partners.
5.2 Automated liquidation can be setup to happen on a weekly basis or a monthly basis.
5.3 If the Merchant changes its listed bank account details Wallettec needs to be notified in writing of the new bank account details.
5.4 Bank transfers can take up to 3 banking days to initiate in the relevant countries.
5.5 Wallettec cannot be held liable for transfer delays caused by the banks or any financial institution or regulatory body within the country the money is being transferred from.
5.6 Wallettec’s system will inform the Merchant’s system about the accepted payment in the transaction currency.
5.7 International Bank transfers will be done in local currency and conversion will be done by the receiving bank. If its requested that the transfer is done in any other currency the Merchant must notify Wallettec in writing. The conversion will be done by the transferring bank and the rate will be presented to the Merchant for approval.
6.1 If the Merchant fails to make any payment in cleared funds within 7 (seven) days of the due date of the invoice, Wallettec may (without prejudice to Wallettec’s other rights or remedies) suspend the Service until all amounts payable to it have been paid.
6.2 Wallettec may at any time, on written notice to the Merchant and in any manner whatsoever, immediately suspend the Merchant’s access to the Wallettec services in the event that the Merchant fails to perform any of his obligations, or breaches any terms of this agreement.
6.3 Wallettec reserves the right to require the Merchant to effect payment of any applicable reconnection charges pursuant to the restoration of Wallettec services suspended in the circumstances contemplated in clause 6.1 and/or 6.2.
6.4 In the event that the Merchant’s access to the Wallettec services is suspended, the Merchant shall still be liable for the monthly service charges during any such period of suspension.
6.5 Notwithstanding any provision of this Agreement, the Merchant shall be entitled to suspend performance of the Agreement in its sole discretion in any of the following cases:
6.5.1 Wallettec fails to submit Monthly Report within the period mentioned in clause 4.4 of the Contract;
6.5.2 Wallettec fails to transfer the amount of payments within 3 banking days after Merchant’s request.
6.6 A Party informs the other party about such suspension and its reason and determines a period to remedy the breach. The Agreement shall be entitled to terminate the Agreement if a breaching party doesn’t cure the breach in the determined time.
7 LIMITATION OF LIABILITY
7.1 Nothing in the Agreement shall exclude or limit the liability of either party;
7.1.1 for death or personal injury resulting from the negligence of that party or its directors, officers, employees, contractors or agents; or
7.1.2 in respect of fraud or of any statements made fraudulently by that party or its directors, officers, employees, contractors or agents.
7.2 Subject to clause 7.1 above, either party shall not be liable to the other party whether in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise for any:
7.2.1 loss of profit;
7.2.2 loss of revenue;
7.2.3 loss of anticipated savings;
7.2.4 loss or corruption of data;
7.2.5 loss of contract or opportunity;
7.2.6 loss of goodwill; or
7.2.7 integration to Wallettec and or other systems or operational costs associated with the Merchant’s use of the Services;
7.2.8 expenses incurred by the Merchant in relation to or in connection with the Merchant’s website and or the content thereon;
7.2.9 costs associated with payment disputes; or
7.2.10 indirect or consequential loss of whatever nature including any loss of a type described in sub-clauses 7.2.1 to 7.2.11 above which could be regarded as indirect or consequential and whether or not reasonable foreseeable, reasonably contemplatable, or actually contemplated by the parties at the time of execution of the Agreement.
7.3 Subject to clause 6 above the parties agree that:
7.4 Wallettec does not accept any responsibility for the accuracy of Transaction Data or any liabilities to the Merchant or other third party for any inaccuracies or misrepresentations contained in the Transaction Data.
7.5 Wallettec will use its best endeavors to procure that the Merchant’s use of the Service will be secure, timely, uninterrupted, error-free and that the Service will meet the Merchant’s requirements. Wallettec does however not represent or warrant that the Merchant’s use of the Service will be secure, timely, uninterrupted, error-free or that the Service will meet the Merchant’s requirements. For the avoidance of doubt, Wallettec does not give any representation or warranty that the Service will alert the Merchant to, avert or prevent occurrences of fraudulent use of payment methods and the Merchant acknowledges that it should obtain insurance against such fraudulent behavior. The Service is provided on an "as is" and "as available" basis and for commercial use only.
7.6 Except as expressly provided in these Terms of Business, all warranties, conditions, representations or other terms implied by statute or common law are excluded to the fullest extent possible by law.
7.7 Any typographical, clerical or other error or omission in any promotional material or other information issued by Wallettec (including information on Wallettec’s websites) shall be subject to correction as soon as practicable.
8.1 If a party ("Defaulting Party") commits any breach of this Agreement and fails to remedy such breach within 10 (ten) business days ("Notice Period") of receipt of written notice requiring the breach to be remedied, then the party giving the notice ("Aggrieved Party") will be entitled, at its option –
8.2 to claim immediate specific performance of any of the Defaulting Party’s obligations under this Agreement, with or without claiming damages, whether or not such obligation has fallen due for performance and to require the Defaulting Party to provide security to the satisfaction of the Aggrieved Party for the Defaulting Party’s obligations; or
8.3 to terminate this Agreement, with or without claiming damages, in which case written notice of the termination shall be given to the Defaulting Party, and the termination shall take effect on the giving of the notice. Neither party shall be entitled to terminate this Agreement unless the breach is a material breach. A breach will be deemed to be a material breach it is capable of being remedied, but is not remedied within the Notice Period; or it is incapable of being remedied or is not remedied within the Notice Period, and payment in money will compensate for such breach but such payment is not made within the Notice Period.
8.4 The parties agree that any costs awarded will be recoverable on an attorney-and-own-client scale unless the Court specifically determines that such scale shall not apply, in which event the costs will be recoverable in accordance with the High Court tariff, determined on an attorney-and-client-scale.
8.5 Both parties shall be entitled forthwith without notice, to terminate this Agreement in the event the other Party is sequestrated, liquidated, or placed under judicial management, whether provisionally or finally, and whether voluntarily or compulsory.
8.6 Without detracting from any of the other provisions of this clause 7, in the event of a breach of any provisions of this Agreement or the Merchant prematurely terminating this Agreement and Wallettec electing to cancel same, the Merchant shall be liable to effect payment to Wallettec of all the monthly service charges which would have been payable to Wallettec in respect of the remainder of the period of this Agreement.
8.7 The Parties shall make every effort to resolve disputes arising out of or in connection with this Agreement. Disputes and disagreements shall be executed in the form of written claims. The receiving Party shall review claims within 10 (ten) business days from their receipt. If the Parties fail to reach agreement, their disputes and disagreements shall be resolved according to the laws of the Republic of Mauritius.
9 BRAND MANAGEMENT
9.1 The Parties grant each other rights to use each other’s trademarks, service marks, corporate style elements and designs for purposes stipulated herein. The Parties agree to delegate the abovementioned rights to third parties with the prior written consent of the Party-rightholder. Placement of trademarks, service marks, elements of corporate style and designs on websites and in information materials of the Parties requires the prior written approval of the relevant Party.
9.2 This Agreement does not grant the Merchant any rights in connection with the Trademarks (registered or otherwise) of Wallettec
9.3 The Merchant shall not in any manner represent that the Merchant has any proprietary rights in the Intellectual Property.
9.4 Wallettec may change the Intellectual Property which you are permitted to utilize at any time for any reason.
9.5 The Merchant may not use the Intellectual Property in a manner which may place the Intellectual Property at risk of loss or loss of value to Wallettec.
10 WAIVER & SEVERABILITY
10.1 Failure by either party to exercise or enforce any right conferred by the Agreement shall not be deemed to be a waiver of any such rights, nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion. If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement shall remain in full force and effect.
10.2 Each provision of the Agreement is severable and distinct from the other. If a provision of the Agreement is or becomes to any extent illegal, invalid or unenforceable in any jurisdiction, it shall to that extent be deemed not to form part of the Agreement but shall not affect
10.2.1 the legality, validity or enforceability in that jurisdiction of any other term of the Agreement; or
10.2.2 the legality, validity or enforceability in other jurisdictions of that or any other provision of the Agreement.
11 DATA PROTECTION & CONFIDENTIALITY
11.1 The Parties shall not disclose the conditions of this Agreement to any third parties. The Parties shall not disclose information obtained in the course of performing of this Agreement, including information that constitutes a commercial secret of either Party, the technology of accepting funds in payment, any other information which disclosure may cause losses or damage the business reputation of the Parties. Such information may be disclosed to a third party only with the Parties' mutual consent.
11.2 The Merchant acknowledges and accepts Wallettec may;
11.2.1 disclose information to the Schemes, Acquirers and or 3rd party systems as is required in connection with the processing of these transactions in order to perform fraud checks
11.2.2 Refer to Wallettec’s Privacy Policies for information on data collection and use
12 FORCE MAJEURE
12.1 Neither party shall be liable to the other party or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform any of its obligations, if the delay or failure was due to any cause beyond the party’s reasonable control including (without limitation) flood, fire, acts of terrorism, civil disturbance, acts of any government or authority, revocation of any license or consent, default of any supplier or sub-contractor, failure of any power supply, theft, malicious damage, strike lock-out or industrial action, or the failure of any machine computer data processing system or communication link or by any other circumstance whatever beyond its reasonable control.
13.1 In the event of the Merchant failing to effect payment of any amounts due in terms of this Agreement on due date, without derogating from Wallettec’s rights in terms of clause 7, the Merchant shall be liable to effect payment of interest to Wallettec on the amount at the maximum permissible rate from time to time as set forth in the Prescribed Rate of interest Act 55 of 1975, as amended, or any other applicable legislation.
13.2 All prices and charges in this Agreement are exclusive of Tax and any other applicable tax or duty, the liability for which shall vest with the Merchant.
13.3 The rights and obligations of the Merchant in terms of this Agreement may not be ceded or delegated to any third party. The rights and obligations of Wallettec in terms of this Agreement maybe ceded and delegated by it to any other party without any written notice to the Merchant.
13.4 Wallettec may change the terms and conditions of this Agreement as a result in changes in tax laws, regulations, the terms and conditions of the license issued to the bank and the terms and conditions of any agreement between the bank and any other p arty to this Agreement or circumstances or event similar to the aforesaid. Wallettec shall notify the Merchant of any changes as contemplated herein in writing.
13.5 This Agreement may be modified or amended in writing only. The writing is to be signed by both Parties.
13.6 This document contains the entire agreement between the parties regarding the matters contained herein, and no other warranties, undertakings and/or representations have been made by Wallettec or any purported agent of Wallettec.
13.6.1 No indulgence, leniency or extension of time which Wallettec may show to the Merchant shall in any way prejudice Wallettec or preclude Wallettec from exercising any of its rights in the future.
13.6.2 This Agreement and all matters or disputes arising here from or incidental hereto shall be governed and construed in accordance with the laws of Mauritius.
13.7 No alteration, cancellation or variation which the Merchant may be entitled to make to the Schedule shall be of any force or effect unless 60 (Sixty) days written notice of such alteration, cancellation or variation is given to Wallettec.
13.8 At any time during the term of the Agreement, either Party to this Agreement may terminate it unilaterally for any reason or no reason by sending the other Party at least 60 (sixty) days' advance written notice before the expected date of termination. In this case the Wallettec's right to accept payments shall cease on the date when this Agreement is terminated.
13.9 In the event of termination, the Parties shall perform all mutual settlements and payments in full within one month from the date of termination.
13.10 Termination shall not relieve either Party of obligations incurred prior thereto including all payment obligations under this Agreement.
13.11 The Parties shall inform each other in writing about changes to their bank account details, addresses, telephone numbers and other information necessary for performing the Agreement within two business days' time from the date of such changes.
14.1 Wallettec may modify the agreement by giving 30 days’ (or as soon as possible) written notice if the modification is as a consequence of legal regulatory, tax or Scheme changes and or other circumstances reasonably beyond Wallettec’s control.
14.2 Any written notice may be delivered in person or sent by email, post, airmail to:
14.2.1 the Merchant at the address shown in Wallettec’s records as notified by the Merchant from time to time; and
14.2.2 Wallettec at firstname.lastname@example.org or such email address as may be notified to the Merchant from time to time
14.3 Notices shall be deemed duly given 48 hours after posting by first class post (72 hours if second class and airmail), or immediately if delivered in person or if by email or fax then at the time of transmission if within normal business hours failing which the start of the next business day.
14.4 The Merchant agree that Wallettec may act on email notices or instructions which reasonably appear to emanate from the Merchant or Merchant authorized employee or agent.
14.5 For the purposed of this clause 14, "notice" shall include any request, demand, instruction, communication or other document.
mybux Terms & Conditions
1.1 mybux is a subscription service, that links your existing mobile money accounts to your mybux account to earn mybux Points at selected participating businesses, including the option for your mybux Points be converted into mybux voucher ("the Service"). "mybux" is a trading name of 39Holding Ltd, a company registered in Mauritius (Company Number 158164 C1/GBL).
1.2 By using this Website, Mobile Apps and/or subscribing to Services You agree to be bound by the terms and conditions set out below. If You do not agree to be bound these terms and conditions hereunder; please do not use or access this Website or Mobile App or any of our other platforms. You must read and accept all the terms and conditions contained herein before You may use or access the Website or Mobile App or any of our other platforms in any way.
1.3 These terms and conditions constitute the entire terms and conditions upon which mybux provides the Service and upon which the User agrees to contract for the use of the Service except where specifically varied by written agreement by mybux on the Registration Confirmation. They supersede any written or oral representations, statements, understandings or agreements.
1.4 From time to time, it will be necessary to update the terms and conditions and You agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.
In this Agreement:-
"Agreement" means these terms and conditions together with the Subscriber's registration as confirmed in the mybux Registration Confirmation.
"Completion" means the date when mybux makes the Service available to the Subscriber via email.
"Completed Registration" means a successful registration via the Website or mybux Mobile Application or any other channels available.
"Company or Company's" means the business(es) who register to use the mybux Service.
"Information" means any and all material contained in this Website.
"Registered Businesses" means a business that is registered as part of the mybux network.
"mybux Software" means the software that is hosted on the Website.
"Mybux Credits" means points earned by spending money at Registered Businesses using a registered mobile money account.
"Gift Cards or Loyalty Cards" means a gift card or loyalty card as described on the website. Gift Cards or Loyalty Cards are subject to their own set of Terms and Conditions as described on the specific Gift Card or Loyalty Card issued.
"Offer or Offers" means any offers or promotions accessed via the mybux platform.
"the User and You" means anyone who uses this Website.
"the Website" means the mybux website operating under the domain name of this website or mybux Application or any other channel used by mybux.
"Subscriber" means a User who registers and subscribes for the Service.
"Registration Confirmation" means the email acceptance sent by mybux following receipt of the Subscriber's registration.
"the Service Commencement Date" shall be the date the Service is available following the Registration Confirmation and as set out on the Website.
2. OVERVIEW OF SERVICES
2.1 Subscribers will benefit from:
2.1.1 the ability to earn Mybux Points at Registered Businesses;
22.214.171.124 the amount of points earned and the opportunity to earn additional points from time to time as communicated by mybux.
126.96.36.199 the ability to convert Mybux Points into Gift Cards or Loyalty Cards as specified on the website.
188.8.131.52 additional benefits from time to time as described on the website and related social media.
2.6 The minimum contract duration is 30 days.
2.7 mybux will communicate with the Client by email.
2.8 The Client will provide their Merchant ID to enable mybux to track Qualifying Transactions at the Clients business. For the avoidance of doubt only Qualifying Transaction will be tracked.
2.2 In order to provide the above services, mybux will:
2.2.1 record Subscribers' spend at any of the businesses that are registered with mybux.
2.2.2 share this information with Registered Businesses that are part of the service.
2.2.3 share this information with Place Managers (town/city managers).
2.2.4 share anonymised data with other third parties.
2.2.5 communicate with Subscribers by email and optionally via browser notifications and potentially other marketing channels that we will add from time to time;
4. SERVICE PROVISION
4.1 mybux will provide a Registration Confirmation for all registrations placed but reserves the right to accept or reject any registration at its sole discretion.
4.2 mybux may credit Mybux Points to your account within 7 days of making a purchase at a Registered Business.
4.2.1 Mybux Points in and of themselves have no financial value
4.2.2 Mybux Points can not be traded or transferred to any other account.
4.3 Subject to the qualifying criteria being approved by mybux, mybux will dispatch Gift Cards within 7 working days of the request being received from the Registered User.
4.4 mybux will use all reasonable endeavours to provide the Service as described on the Website.
4.5 mybux may at any time amend the Service for any reason including, but not limited to, technical, legal or business reasons.
4.6 mybux encourages any interested or potential Business User to make contact with mybux if they would like further information on our service. We are contactable on email@example.com.
4.7 mybux provides email Subscriber support available at firstname.lastname@example.org. mybux will endeavour to achieve a response time of 4 hours unless otherwise agreed in the Order Confirmation. The Subscriber Support will be generally available between 9.00am and 5.00pm, Monday to Friday (excluding public holidays or statutory holidays). The fix time for any technical issue will depend upon the complexity of the Subscriber issue; however we will endeavour to resolve the problem as soon as possible.
4.8 Where the User has become an inactive User, mybux reserves the right to contact the User. Failure of the User to resume use of the Service within a further 6-month period may result in immediate termination of the Service and deletion of their data.
4.9 Post registration, the Subscriber will have access to all of the mybux Service.
4.10 Program terms and loyalty offering may change from time to time.
4.11 Participating businesses may change from time to time (add/remove) without prior notice.
4.12 Subscribers can delete their account by emailing us at email@example.com.
5. PROPRIETARY RIGHTS
All Intellectual Property Rights in the materials on this Website and mybux Mobile Application (as well as the organisation and layout of this Website and mybux Mobile Application) together with the underlying mybux software code are owned by, licensed or authorised to mybux, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by 39Holding Ltd or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to You any rights of ownership of such intellectual property rights, or constitutes a license to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Our prior written permission, You may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or mobile application or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use or some of the website shared through ‘Facebook and Twitter' subject to their terms and conditions.
6. BASIS OF USE OF THE WEBSITE OR MOBILE APPS
6.1 You agree to the following:
6.1.1 that the Subscriber are aged 13 or over and are legally capable of entering into binding contracts;
6.1.2 that You understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
6.1.3 that You will only view the Information on the Website for your own private purpose and will not publish, reproduce, store or retransmit any of the information contained in the Website ("the Information") at any time; unless through ‘Share with a Friend' more fully described on the Website.
6.1.4 that You shall not use the Information for any unlawful purpose or in any unlawful manner;
6.1.5 that You shall not use the Website or the Information in any manner which may constitute an infringement of any 3rd party rights (including but not limited to rights of copyright, trademark or confidentiality);
6.1.6 that You shall not run any tools – other than those tools provided by mybux - on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, experimental, educational or any other use;
6.1.7 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in mybux at all times;
6.1.8 that You will indemnify and keep indemnified mybux against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.
6.2 The User agrees that in respect of the mybux sharing feature, mybux reserve the right to amend this limit from time to time.
7. SUBSCRIBER OBLIGATIONS
7.1 No Agreement in respect of any Services shall exist between us and the Subscriber until your registration has been accepted by us by means of a Registration Confirmation.
7.2 Registrations must be submitted electronically via the Website. To do so, the Subscriber will be required to follow the online registration process. When doing so, the Subscriber will be required to complete certain required fields on a form. This will include the provision personal information such as your identification details and password(s). The Subscriber agrees to be responsible for ensuring that such security information is kept secure and confidential at all times. The Subscriber must inform us immediately if the Subscriber become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.
7.2.1 The Subscriber is obliged to ensure that all information is maintained and accurate at all times.
7.3 By subscribing, the Subscriber hereby warrant that all information submitted by the Subscriber is true, current and complete. 39Holding Ltd reserves the right to verify the eligibility of all subscribers.
7.4 Without prejudice to its rights in terms of Clause 7 hereof, mybux is entitled to suspend or terminate the Subscriber's use of the Service if the Subscriber fails to comply with any of its obligations under clauses 4 and 5 herein.
7.5 The Subscriber agrees to provide mybux with all necessary registration information required as stated in the Website.
7.6 The Subscriber must cooperate with mybux and follow the instructions on the Website to allow us to deliver the Service.
8. CANCELLATION BY THE SUBSCRIBER
8.1. Due to the nature of the Service, the Subscriber may terminate at any time.
9. CANCELLATION BY US
9.1 mybux shall be entitled to suspend the Service in accordance with clause 5.5.
9.2 Without prejudice to any other rights to which it may be entitled, mybux may terminate provision or use of the Service respectively with immediate effect if the Subscriber commits any material breach of any of the terms of this Agreement.
9.3 mybux will not tolerate Users being rude or offensive or otherwise abusing the ‘mybux' Service in any way and reserves the right to terminate the Service with immediate effect as a result of such behaviour (at mybux' s discretion).
10.1 mybux undertakes to use reasonable skill and care in providing the Service as described on the Website.
10.2 mybux makes no warranties as to the description of the Service, goods, services or any claims in the advertising or any information provided as part of any Service. The Service is provided on an "as is basis", with no express or implied claims to the suitability, functionality, usability, reliability thereof.
10.3 mybux publishes information concerning Service which has been received by us from the Companies. As such mybux are not responsible for content or information displayed on the Website but will endeavour to monitor content and remove any material that it is found to be inaccurate or offensive. The information or content that is published relating to each Offer is provided by the Companies and mybux does not warrant the accuracy, truthfulness, advice or completeness of any Offer terms described.
10.4 mybux will provide access to Service through content provided by Companies. mybux are not responsible for fulfilment of any Offer and so do not offer any refunds policy.
10.5 The Customer should be aware that we will delete the Customer account in the event the Customer earns no points within a 12-month period.
11. DISCLAIMER AND LIMITATION OF LIABILITY
11.1 The User uses the Service at its own risk and in no event shall mybux be liable for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from mybux' s negligence) including, but not limited to, inability to use social media, loss of money, the User's identity theft, loss of or corruption of data or the User's inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.
11.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and mybux becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from mybux's negligence) or otherwise, will not exceed the total value of the Offer redeemed immediately preceding such liability arising.
11.3 The User must make every effort to secure their username, passwords details and should not under any circumstance disclose their username and password and details to a 3rd party or by an email request. mybux, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website or the information, content, materials or products included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind.
11.4 It is the Users responsibility to maintain and update browser, firewall or anti-virus and anti-spyware software. The User must protect their computer and/or device and ensure they update all security software by downloading the latest security patches from relevant software provider.
11.5 mybux cannot guarantee 100% uptime and endeavours to provide services as described on the Website.
11.6 mybux is not responsible for any technical issue with regards the redemption of any Voucher through the company's EPOS or point of sale. The redemption is post completion of the mybux Service.
11.7 The Subscriber must be aware that the Offers are perishable and the Subscriber has until the date displayed on the Website for the relevant Offer to redeem.
12. FORCE MAJEURE
12.1 mybux shall not be liable to the Subscriber or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a 3rd party); or difficulties in obtaining the System, labour, fuel, parts or machinery.
13. STATUTORY INFORMATION
This website is owned and operated by: 39Holding Ltd, t/a mybux EMAIL firstname.lastname@example.org
15.1 39Holding Ltd shall be entitled to assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The User may not assign or transfer any of your rights or obligations without our written consent.
16.1 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it and the operation of these Conditions shall be governed by, construed and interpreted in accordance with the laws of Mauritius and the Subscriber agree to submit to the non-exclusive jurisdiction of the Mauritius courts.
17.1 Failure or delay by mybux in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
17.2 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
Competition Terms & Conditions
Read these terms and conditions carefully. These competition rules ("rules") explain your rights and duties in connection with this competition ("Competition"). If you take part in this Competition and/or accept any prize, these rules will apply to you and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition ("Entrants") do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by such Entrant (the "Winner") constitutes a binding offer and acceptance of these rules by mybux and the Entrant/Winner.
This Competition is sponsored and promoted by Mybux ("Mybux"). Any reference to Mybux includes any person which, directly or indirectly is Controlled by Mybux, or Controls Mybux and any directors, officers, employees, agents and representatives of Mybux. "Control", as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.
The set of functions and procedures developed by Mybux which facilitate the payment by any Entrant for goods or services on an Mybux website platform by way of electronic funds transfer.
As specified for the current Competition/Giveaway
As specified for the current Competition/Giveaway
Who can enter and how?
Any natural person may enter this Competition. To enter, Entrants will need to make a purchase of any amount with any Mybux merchant, using the Mybux Platform ("entry").
It is the responsibility of all Entrants to ensure that their entry is received by Mybux prior to the end of the Competition Period. Any entries that are not received during the Competition Period will not be eligible to participate, regardless of the reason. Mybux will not be responsible for any entries which are not received by Mybux, whether timeously or at all, regardless of the cause thereof.
Who cannot enter?
- People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of 18 must obtain permission from their parents or guardians before entering the Competition, who must approve of and consent to the Entrant's participation in the Competition and the receipt / possession of a Prize if that Entrant becomes a Winner.
- Directors, members, shareholders, agents, consultants or employees of mybux, or any of such person's spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.
The suppliers of any goods or services in respect of the Competition.
There are no entry fees to participate in any of our competitions
The data costs, or any other costs, incurred by an Entrant in the ordinary course of business will apply during the Competition Period.
Is there a limit on the number entries?
As specified for the current Competition/Giveaway
Who may not win a prize?
An Entrant may not win a Prize if it is unlawful for mybux to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.
Circumstances for disqualification
Anyone found to use multiple or fake accounts to enter will be ineligible. If people create a lot of accounts in order to enter a contest more than once, they're liable to get all of their accounts suspended.
If any Entrant fails or, if any Entrant's partner or friends (if applicable) fails, to comply with any of these rules, then, without prejudice to any other remedy which mybux may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won a Prize).
How will winners be chosen and when will they be notified?
The Winners will be determined at random by a computer-generated programme operated by mybux in terms of which Entrants will be drawn ("draw").
The determination of the draw made by mybux concerned will be final and no related correspondence will be entered into.
The Winner will be notified of their winning on the date of the draw. mybux will attempt to make contact with each Winner at least 3 times, but if it is unable to contact any Winner within 3 working days after the draw, such Winner will forfeit his/her prize, and mybux reserve the right to redraw such prize. If such Winner agrees to accept the Prize subject to these rules, he/she will be a Winner of a Prize in the Competition.
How will the prize be claimed?
The prize will be paid directly into the winner's mybux Rewards account.
All Entrants, and in the event of an Entrant's death, an Entrant's family, dependants, heirs, assignees or any other beneficiaries of an Entrant's estate, indemnify and hold mybux harmless against any claim by an Entrant, or an Entrant's partner or friends (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant into the Competition and/or acceptance and/or use by such Entrant of a Prize.
These rules will be construed, interpreted and enforced in accordance with the laws of the Republic of Mauritius.
Consumer Protection Act, 68 of 2008 ("CPA")
The Competition is regulated by the CPA and it is not intended that any provision of these rules contravenes any provision of the CPA. Therefore all provisions of these rules must be treated as being qualified by the CPA, if necessary, to ensure that the provisions of the CPA are complied with.
If any dispute arises in relation to the Competition and its rules, the decision of mybux shall be final and no correspondence shall be entered into.
A copy of these rules is available at no cost to the Entrants from www.mybux.co.za