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1.The Website
1.1 By using the website located on https://www.pundixsa.co.za together with all its webpages (the "Website") whether as a visitor or a registered user for any reason whatsoever, the visitor or use of the Website (hereinafter referred to as "you" or "your") agrees to be bound by and comply with the terms and conditions that se terms and conditions ("Terms and Conditions").
1.2 If you do not agree with these Terms and Conditions, you must immediately desist from further use of the Website. Your continued use of the Website, notwithstanding the provisions of this clause, constitutes substantive agreement with the terms and conditions set out in these Terms and Conditions, as may be amended from time to time.
1.3 The Website is owned and operated by Ezeepay (Proprietary) Limited, a company registered in terms of South African law with registration number: 2022/250578/07, domiciled on 135 Beach Road Mouille Point, Cape Town, Western Cape, 8005 (hereinafter referred to as "Ezeepay", "us", "we" or "our").
2.Term, Accessibility and Termination
2.1 These Terms and Conditions shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Ezeepay from time to time.
2.2 Ezeepay reserves the right to:
2.2.1 change or to discontinue any aspect or feature of the Website at any time including, but not limited to content, availability and access requirements; and
2.2.2 amend or terminate these Terms and Conditions and/or shut down the Website at any time.
3.Notice
3.1 These Terms and Conditions contain provisions which appear in a similar text style to this clause in order to draw your attention to such clauses because they:
3.1.1 may limit the risk or liability of Ezeepay or a third party; and/or
3.1.2 may create risk or liability for you; and/or
3.1.3 may compel you to indemnify Ezeepay or a third party; and/or
3.1.4 serve as an acknowledgement, by you, of a fact.
3.2 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Ezeepay to explain it to you before you accept the Terms and Conditions or continue using the Website.
3.3 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
3.4 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Ezeepay in terms of the CPA.
3.5 Ezeepay permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website or any part thereof if you do not agree to the Terms and Conditions.
4.Use of the Website
4.1 You may only use the Website for lawful purposes and you warrant that you shall not use the Website:
4.1.1 to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;
4.1.2 for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of SMS;
4.1.3 other than for your personal and non-commercial use.
4.2 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Ezeepay representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.3 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Ezeepay representative.
4.4 You remain personally liable for the consequences of any contravention of these provisions and/or failure to comply with law and hereby indemnify and hold Ezeepay harmless against any losses and/or damages, whether direct and/or indirect, which you may suffer as a result of a contravention of these provisions.
4.5 Should you become aware of any unacceptable use of the Ezeepay Website or related email functionality, please contact daniel@ezeepay.io
5.Disclaimer
5.1 Whilst every effort has been made by Ezeepay and its suppliers of information, to ensure the proper performance of the Website, the accuracy of the information/images and the reliability of the binary data on the Website, Ezeepay, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the services, content and/or information offered on the Website.
5.2 Ezeepay makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the Website and you thus use the Website at your own risk. In particular Ezeepay makes no warranty that the Website will meet your requirements, be uninterrupted, complete, timely, secure or error free.
5.3 Ezeepay disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
5.4 The Website and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
5.5 Any views or statements made or expressed on the Website are not necessarily the views of Ezeepay, its directors, employees and/or agents.
5.6 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Ezeepay also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Ezeepay, its employees, agents or authorised representatives. Ezeepay thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
6.Third Party Content/ Websites
6.1 Third party information such as but not limited to, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only.
6.2 You hereby acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the products on the Website. All Third Party Content is provided on an 'As Is' basis. Ezeepay does not own / have the rights and title to any such Third Party Content, Ezeepay does not provide any guarantee or make any representations with regards to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Ezeepay shall not be held liable for any loss suffered by you in any way whatsoever based on your reliance on or use of such Third Party Content.
6.3 This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Ezeepay is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
6.4 In the event any Third Party Content contains links to Third Party Websites, and you visit any such external link, you agree to do so at your own risk, responsibility and liability. Ezeepay makes no warranty or representation regarding, and does not endorse, any website linked to the Website or the information appearing thereon or any of the products or services described thereon.
7.Password and/or One Time PIN
If you have a password or One Time PIN (OTP) for using the Website, you undertake to keep it secure and warrant that no other person shall use the Website utilising your password or OTP, and you acknowledge further that you are responsible for ensuring that no unauthorised access to the Website is obtained using your password or OTP, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.
8.Intellectual Property Rights
8.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, the word or mark "Ezeepay", logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Intellectual Property”) are protected by law, including but not limited to copyright and trade mark law. The Intellectual Property is the property of Ezeepay, its advertisers and/or sponsors and/or is licensed to Ezeepay.
8.2 You will not acquire any right, title or interest in or to the Website or the Intellectual Property.
8.3 You may not in any form or by any means, without the prior written consent of Ezeepay:
8.3.1 commercially process, exploit, reproduce, distribute, display, transmit, publish or broadcast any Intellectual Property;
8.3.2 claim ownership of all or any part of the Intellectual Property;
8.3.3 modify or repost the Intellectual Property;
8.3.4 create a link to the Website from another website; or
8.3.5 copy, incorporate, store, frame or embed all or any part of the Intellectual Property on another website or retrieval system.
8.4 Any use, distribution or reproduction of the Intellectual Property is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
8.5 Where any of the Intellectual Property has been licensed to Ezeepay or belongs to any third party, your rights of 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.
9.Protection of Personal Information
9.1 You hereby acknowledge that these terms and Conditions are subject to the Ezeepay Privacy Policy on [please insert link] (the “Privacy Policy”).
9.2 The Privacy Policy is incorporated by reference into these Terms and Conditions and by using the Website you acknowledge that you have reviewed and accepted our Privacy Policy.
10. Electronic Communications
All electronic communications, including any attachments thereto that are transmitted to you by Ezeepay, shall be on the following terms and conditions:
10.1 When you visit the Website or send e-mails to Ezeepay, you consent to receiving communications from Ezeepay electronically and agree that all agreements, notices, disclosures and other communications sent by Ezeepay satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
10.2 Before any purported agreement, that has been negotiated either wholly or partly by electronic means shall be considered binding on Ezeepay, the following terms and conditions shall apply:
10.2.1 An advanced electronic signature, (as defined in the Electronic Communications and Transactions Act 25 of 2002), of a duly authorized member of the Board of Directors of Ezeepay shall be required to be used and attached to any electronic communication containing any offer and/or acceptance by Ezeepay, as the case may be.
10.2.2 Where Ezeepay is acting as the offeror, the agreement shall be deemed to have been concluded at the time when and place where the acceptance of the offer was actually received by an Ezeepay representative, and upon such Ezeepay representative acknowledging receipt of such acceptance.
10.2.3 Any electronic communications shall be considered to have been sent by a Director as aforesaid only if:
10.2.3.1 an Ezeepay representative sent it personally; or
10.2.3.2 it was sent by a person who had the required authority to act on behalf of Ezeepay.
10.3 Ezeepay is not responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
10.4 You will always have the choice to:
10.4.1 inform us in writing that you do not wish to continue receiving communications, or;
10.4.2 block any communications by registering on the Do Not Contact Registry as contemplated in the CPA.
10.5 Whilst Ezeepay does employ virus filtering, it provides no guarantees or warrantees that the electronic communication is virus-free.
11. Cookies
Ezeepay may store some information (commonly known as a "cookie") on your computer when you visit the Website. This enables Ezeepay to recognise you during subsequent visits. The type of information gathered is non-personal (such as: the IP address of your computer, the date and time of your visit, which pages you browsed and whether the pages have been delivered successfully. Apart from merely establishing basic connectivity and communications, Ezeepay may also use this data in aggregate form to develop customised services - tailored to your individual interests and needs. Should you choose to do so, it is possible (depending on the browser you are using), to be prompted before accepting any cookies, or to prevent your browser from accepting any cookies at all. This will however cause certain features of the web site not to be accessible.
12. Security
12.1 Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Ezeepay suffers any damage or loss.
12.2 You authorise Ezeepay to take all reasonable steps to ensure the integrity and security of the Website and back-office applications. All credit card transactions are Secure Socket Layers encrypted Ezeepay's registration documents and the Website's registered domain name are checked and verified.
13. Indemnification
13.1 To the fullest extent permissible in law, you hereby unconditionally, irrevocably and unreservedly indemnify and hold Ezeepay, its public officers, directors, employees, consultants, agents, licensors and service providers, harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whenever arising, as a result of and without limitation, the following:
13.1.1 visiting or using the Ezeepay Website;
13.1.2 downloading data, text, images;
13.1.3 reliance on the Website content;
13.1.4 links to other Ezeepay or third party websites;
13.1.5 hardware, software, system or network malfunction;
13.1.6 any purchases of Ezeepay service offerings made on the Website;
13.1.7 any breach of the terms of these Terms and Conditions by you; or
13.1.8 any other cause whatsoever arising from or relating to visiting or using the Website.
14. Limitation of liability
14.1 Ezeepay cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Ezeepay, its employees, agents or authorised representatives.
14.2 Ezeepay shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked Third Party Website.
14.3 You hereby indemnify Ezeepay against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked Third Party Website.
15. Monitoring, Interception and Access to Information
To comply with law and in line with international standards and best practice relating to the use of information technology in its business, Ezeepay may at its discretion, monitor and/or intercept, live communications such as email and website activity in compliance with the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002.
16. Complaints and Notices
16.1 You agree to submit all complaints relating to these Terms and Conditions to Ezeepay first in order to afford us an opportunity to resolve the complaint within a reasonable period before you proceed to refer any formal complaints to any relevant authority.
16.2 Ezeepay chooses as its address at which it will receive all correspondence or legal notices for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: In this regard, please direct all complaints to:
Physical and postal address: 135 Beach Road Mouille Point, Cape Town, Western Cape, 8005
e-mail: daniel@ezeepay.io
17. Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and you submit to the jurisdiction of the South African courts.
18.General
18.1 These Terms and Conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the Terms and Conditions unless such invalidity, unenforceability or illegality goes to the root of these Terms and Conditions.
18.2 Ezeepay’s failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
18.3 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
18.4 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
18.5 These Terms and Conditions contain the whole agreement between you and Ezeepay and no other warranty or undertaking is valid, unless contained in these Terms and Conditions.
19. Ezeepay Information
Ezeepay
Name
Ezeepay (Proprietary) Limited
Legal status
Private Company
Registered address and the address for receipt of legal service of documents
135 Beach Road Mouille Point, Cape Town, Western Cape, 8005
Phone numbers
+27 72 366 0010
Website address
Email address
Company registration number
2022/250578/07
Place of registration
Republic of South Africa
Full price of goods and services
As advertised
Terms of agreement and URL to access terms
Privacy policy
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