The access to and continued use of PeppaComm’s Mobile Software Platform (the “SaaS App” – Software as a Service App), as is available for download on all your major App stores and various web browsers, constitutes your acceptance of and compliance with the following provisions contained herein. You must familiarise yourself these provisions and if you do not agree with it, you should immediately discontinue the use of this SaaS App. The last revision date for these terms and conditions is set forth below.
Last revised: 16 October 2018
PeppaComm (Pty) Ltd reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to the SaaS App and on the PeppaComm Terms and Conditions website and it is your obligation to periodically check these terms and conditions at the link provided on the PeppaComm (Pty) Ltd website or www.peppacomm.com/terms for changes and updates. Your continued use of the SaaS App following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these terms and conditions, including such changes and updates.
- Reserved Rights and Grant of Limited Licence
PeppaComm (Pty) Ltd owns the intellectual property rights, including copyright, or has acquired the necessary licenses, in the information, including all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the SaaS App ( the “Information”). You are granted a limited license to access and to use short extracts of the Information for your own personal non-commercial use only, provided the Information is not modified. PeppaComm (Pty) Ltd will not be responsible for any consequential damages resulting from such use. Any other use of the Information is prohibited. None of the Information may be otherwise reproduced, republished, re-disseminated, downloaded (other than page caching), modified in any manner or form.
PeppaComm (Pty) Ltd reserves the right to terminate the permission or license granted by it in terms hereof and/or to restrict the use of and access to the SaaS App and web portals.
No part of the SaaS App or web portals should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the SaaS App or web portals may only be available in certain areas or jurisdictions.
The SaaS App or web portals may contain links to other Apps or Websites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other Apps or Websites were independently developed by parties other than PeppaComm (Pty) Ltd, and PeppaComm (Pty) Ltd does not assume responsibility for the accuracy or Appropriateness of the information contained at such Apps or Websites. In providing links to other Apps or Websites, PeppaComm (Pty) Ltd is in no way acting as a publisher or disseminator of the material contained on those other Apps or Websites and does not seek to control the content of, or maintain any type of editorial control over other Apps or Websites.
A link to another Apps or Websites should not be construed to mean that PeppaComm (Pty) Ltd is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other Apps or Websites.
The mention of another party or its product or service on the SaaS App or web portals should not be construed as an endorsement by PeppaComm (Pty) Ltd of that party or its product or service.
- Advice or Warranties
The Information on the SaaS App or web portals including, but not limited to, newsletters, articles, opinions and views, is provided for educational or information purposes only. It is not intended to provide legal, accounting or tax advice and should not be relied upon in that respect. You should not act or rely on any information at the SaaS App or web portal without seeking the advice of a professional. PeppaComm (Pty) Ltd is not responsible for any content or information that you may find undesirable or objectionable as all content is maintained by the SaaS App licensee to which PeppaComm (Pty) Ltd licenses the SaaS App
PeppaComm (Pty) Ltd will not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the SaaS App or web portals or in reliance on the information available on the SaaS App or web portals, including but not limited to, any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other delictual action.
Certain words, phrases, names, designs or logos used on the SaaS App or web portals may constitute trademarks, service marks or trade names of PeppaComm (Pty) Ltd or other entities. The display of any such marks or names on the SaaS App or web portals does not imply that a license has been granted by PeppaComm (Pty) Ltd or other entities for use thereof.
- Either Party may need to provide, collect, use, store or process Personal Information of the other Party. Each Party hereby authorises such collection, use, storage and processing where the need arises.
- Each Party shall only provide, collect, use, store or process Personal Information:
- in compliance with the South Africa Protection of Personal Information Act ( POPI);
- as is necessary for the purposes of this agreement; and
- in accordance with the lawful and reasonable instructions of the Party providing the Personal Information.
- Both Parties shall comply with the security and information protection obligations equivalent to those imposed on them in terms of POPI and other applicable data protection legislation, and failing such legislation, they shall take, implement and maintain all such technical and organisational security procedures and measures necessary or appropriate to preserve the security and confidentiality of the Personal Information in its possession and to protect such Personal Information against unauthorised or unlawful disclosure, access or processing, accidental loss, destruction or damage.
- The Supplier shall follow its archiving procedures for Customer Data as set out in its Back-Up Policy available at the website as may be notified to the Customer from time to time, as such document may be amended by the Supplier in its sole discretion from time to time. In the event of any loss or damage to Customer Data, the Customer’s sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavors to restore the lost or damaged Customer data from the latest back-up of such Customer data maintained by the Supplier in accordance with the archiving procedure described in its Back-Up Policy. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub- contracted by the Supplier to perform services related to Customer Data maintenance and back- up).
- The Supplier shall, in providing the Services, comply with its Privacy and Security Policy relating to the privacy and security of the Customer Data available at such website address as may be notified to the Customer from time to time, as such document may be amended from time to time by the Supplier in its sole discretion.
- If the Supplier processes any personal data on the Customer’s behalf when performing its obligations under this agreement, the parties record their intention that the Customer shall be the data controller and the Supplier shall be a data processor and in any such case:
- The Customer shall ensure that the Customer is entitled to transfer the relevant personal data to the Supplier so that the Supplier may lawfully use, process and transfer the personal data in accordance with this agreement on the Customer’s behalf;
- the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
- the Supplier shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by the Customer from time to time; and
- each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
Every effort is made to ensure that all information provided at the SaaS App or web portals does not contain computer viruses, you should however take reasonable and appropriate precautions to scan for viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your system.
- Conformance with Law
Your use of the SaaS App or web portals shall not violate any local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
- Applicable Law
The laws of the Republic of South Africa shall govern this agreement notwithstanding your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to this agreement.
- Disclaimer of Warranties and Limitation of Liability
PeppaComm (Pty) Ltd makes no representations or warranties of any kind, express or implied, as to the operation of this SaaS App or web portals or the information, content, materials or products included on this SaaS App or web portals. You agree that the use of this SaaS App or web portals is at your sole risk. You should not assume that the SaaS App or web portals will be error-free or that the SaaS App or web portals will operate without interruption. PeppaComm (Pty) Ltd does not warrant that this SaaS App or web portals, its servers, or e-mails sent from it are free of viruses or other harmful code. PeppaComm (Pty) Ltd will not be liable for any damages of any kind arising from the use of this SaaS App or web portals, including, but not limited to direct, indirect, incidental, punitive and / or consequential damages.
- System Security
PeppaComm (Pty) Ltd is not liable for any damages whatsoever and howsoever arising as a result of any stolen or lost user data, or the unauthorised use of such user data save as for provided in the POPI Act.
- Transaction limits
PeppaComm (Pty) Ltd may need to impose certain transaction limits due to varying credit card levies imposed by the banking and credit card industry.
- Service Fee
The payment service made available through usage of the SaaS App or web portals is offered to you free of charge. PeppaComm (Pty) Ltd does not warrant the availability of the SaaS App or web portals or such service and shall not be liable in any respect for the temporary or permanent disruption in usage.
BY REGISTERING ON THIS SAAS APP OR WEB PORTALS AND / OR USING ANY SERVICES OFFERED ON THIS SAAS APP OR WEB PORTALS, YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE ABOVE TERMS AND CONDITIONS AND DISCLAIMER.