STANDARD SERVICES TERMS

The full name of InMobile is In Mobile Marketing Solutions TA InMobile Web Solutions
Registration number: 2013 / 022296 / 07
Contact InMobile at hello@inmobilews.com

Registrations and authorisations

In Mobile Marketing Solutions trading as InMobile Web Solutions is registered with CIPC. You can find the online version of the register at www.cipc.co.za.

In Mobile Marketing Solutions Web Servicesregistration number is 2013 / 022296 / 07

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or any services related to InMobile Web Services.

License to use website

Unless otherwise stated, InMobile and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website including republication on another website
• sell, rent or sub-license material from the website
• show any material from the website in public
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
• edit or otherwise modify any material on the website; or

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without InMobile’s express written consent.

You must not use this website for any purposes related to marketing without InMobile’s express written consent.

Restricted access

Access to certain areas of this website is restricted. InMobile reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at InMobile’s discretion.

If InMobile provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Ensure best practice efforts to secure accounts by changing  password every month to avoid any compromises.

InMobile may disable your user ID and password in InMobile’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or InMobile or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

InMobile reserves the right to edit or remove any material submitted to this website, or stored on InMobile’s servers, or hosted or published upon this website.

[Notwithstanding InMobile’s rights under these terms and conditions in relation to user content, InMobile does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Anti-Spam Policy

InMobile has an Anti-Spam policy for all SMS traffic sent over any IP and its messaging gateways. This means that we do not condone unsolicited SMS messages i.e phishing, spam fraudulent. We do not detect and filter any Spam traffic, this is done through upstream Partners or Mobile Operators.  The following terms are applicable to any unsolicited traffic sent over InMobile IP and its messaging gateways:

1.    Client undertakes that it will not use any Services for any illegal, immoral or improper purpose or in any manner which contravenes applicable laws and codes, regulatory requirements of the appropriate jurisdiction or Mobile Operator requirements as they exist and as they change over time and undertakes not to allow any third party to do so.

2.    Client shall under no circumstances send unsolicited traffic to the InMobile Platform. Client shall at all times ensure that Client’s agreements with its clients contain clauses that prohibit all sending of unsolicited traffic. Client shall perform all such actions that prevent unsolicited traffic from reaching the InMobile Platform.

3.  Should unsolicited traffic nonetheless be sent by the Client or any of the Client’s clients to the InMobile platform, the following actions shall be taken:

   (i) the party detecting that unsolicited traffic has been sent shall immediately contact the other party informing that un- solicited traffic has been sent,

   (ii) the Parties shall immediately initiate efforts to work in good faith and exchange information (with timestamp, content, destination number and originator) in order to determine the source of the unsolicited traffic as soon as possible after the incident,

   (iii) Client shall immediately terminate the connection with the Client’s client that has originated the unsolicited traffic and shall ensure that such Client’s client is no longer connected to the InMobile Platform.

4.  If any clauses in this section are violated, InMobile can immediately suspend (i.e. temporarily stop providing the Service) or terminate this Agreement, at its sole option, without prejudice to any damages that InMobile (In Mobile Marketing Solutions Ltd) may be entitled to claim.

If these terms are violated – we will notify the authorities proactively and pass all relevant information about the source and origin of the message. InMobile will provide authorities with vendor/client contact details to resolve the Spam complaint.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. InMobile makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, InMobile does not warrant that:

•  this website will be constantly available
•  the information on this website is complete, true, accurate or non-misleading.

  Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

InMobile will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

•  to the extent that the website is provided free-of-charge, for any direct loss;
•  for any indirect, special or consequential loss; or
•  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit InMobile’s liability in respect of any:

• •  death or personal injury caused by InMobile’s negligence;
  •  fraud or fraudulent misrepresentation on the part of ; InMobile or
  •  matter which it would be illegal or unlawful for InMobile to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, InMobile has an interest in limiting the personal liability of its officers and employees.. You agree that the limitations of warranties and liability set out in this website disclaimer will protect InMobile’s officers, employees, agents, subsidiaries, successors, assigns and sub- contractors as well as InMobile.

Indemnity

You hereby indemnify InMobile and undertake to keep InMobile indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by InMobile to a third party in settlement of a claim or dispute on the advice of InMobile’s legal advisers) incurred or suffered by InMobile arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Billing and Pricing

• InMobile does not publish any pricing online.
• Prices are agreed on a separate contract with you on a per client basis.
• We reserve the right to change prices from time to time without any notice to you or otherwise stated on your pricing contract. This will be communicated to you via your Account Manager.

Payment Methods

All services are for sale by InMobile and payment can be made for services via a Payment Gateway or bank deposit – below payment methods acceptable;

1. Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. InMobile will not accept your order if payment has not been received;
2. International Wire transfer: If you pay via SWIFT from outside South Africa.

Note: these funds usually take between 3 and 10 days to clear, send through confirmation of payment to have the funds allocated to your account soonest.

3. Paypal: payments can be made by using paypal@inmobilews.com
4. Credit Card facility

Billing disputes or refunds

1. Any billing disputes must be queried within 15 days of invoice, by contacting us at hello@inmobilews.com
2. Refunds will be made in the form of a credit to your account and in no event shall there be any cash refunds.

Breaches of these terms and conditions

Without prejudice to InMobile’s other rights under these terms and conditions, if you breach these terms and conditions in any way, InMobile may take such action as InMobile deems appropriate to deal with the breach, including suspending your access to the website/messaging services, prohibiting you from accessing the website/messaging services, blocking computers using your IP address from accessing the website/messaging services, contacting your internet service provider to request that they block your access to the website/messaging services and/or bringing court proceedings against you.

Law and jurisdiction

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

Variation

InMobile may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website/messaging services. Please check this page regularly to ensure you are familiar with the current version.