Terms and Conditions
1. Application and binding effect of these Terms
2. Login details, usernames and passwords
Should the Services from time to time make use of login functionality in terms of which you are required to create your own usernames and passwords, or utilise social media integration, you accept complete responsibility for the safekeeping of those details, usernames and passwords, insofar as the security thereof is concerned. By entering your usernames and passwords, PocketSlip is entitled to assume that the person using the Services is you. You must familiarise yourself with and follow the security procedures communicated by PocketSlip from time to time as well as such other procedures that may apply generally to the Services. You agree that any failure on your part to follow the recommended security procedures may result in a breach of the confidentiality of your personal information and may lead to unauthorised access to your account and personal information. In the event that you are a business, you must ensure that only authorised employees have access to and are allowed to use the Services with your secure login details. You and/or your business are however then responsible for any action of those individual(s) (whether authorised or not) when they interact with our Services.You are responsible for keeping all of your personal information, usernames and passwords up-to-date, secure and confidential and must notify PocketSlip immediately if there has been, or if you suspect any breach of security or confidentiality.
3. Use of the Services
Not all devices may support use of the Services. It is your responsibility to keep your device updated and or in a condition for it to support use of the Services.PocketSlip may offer Services and/or products to you from time to time and reserves the right to modify, replace or terminate any existing service without prior notice to you. If such modification, or termination of any service is, in PocketSlip’s discretion, material to the nature of any transaction you have entered into with us, we will give you prior notice of such changes, in order for you to decide whether you wish to renew/continue use of the Services after such material change.In order to register as a User of the Services, you may have to provide certain personal information, which PocketSlip may have to validate.PocketSlip may at any time request that you provide, in a form satisfactory to us, documentary evidence establishing and/or confirming your identity as the registered User of the Services.You are solely responsible for all internet data usage charges incurred while downloading or using the the App and/or the Services.You agree that you will not at any time, whether alone or in conjunction with any third party, attempt or actually:
- copy or distribute any of the content accessible via the App or the Services;
- use the Services for commercial purposes, unless PocketSlip has agreed thereto in advance;
- alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any part of the App;
- alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any security features of the App;
- infect the App with any software, malware or code that may infect, damage, delay or impede the operation of the App or which may intercept, alter or interfere with any data generated by or received through the App; and
- allow any third party to use your usernames and passwords in any manner other than as permitted by these terms.
4. Social Media integration
5. Risk, loss or damages
You hereby agree that subject to applicable law, PocketSlip will not be liable for:
a) Any interruption, malfunction, downtime, off-line situation or other failure of the App or online Services, PocketSlip's system, databases or any of its components;
b) Any loss or damage with regard to the use of your personal information or data, or any loss directly or indirectly caused by malfunction of PocketSlip's system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on PocketSlip's system or third party systems or programming defects; and/or
c) Any interruption, malfunction, downtime or other failure of goods or Services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers; internet service providers, electricity suppliers, local authorities and certification authorities; or any other event over which PocketSlip has no direct control. Neither you nor PocketSlip, nor PocketSlip's IT personnel, will be held liable for any failure to perform any obligation to the other due to causes beyond your, PocketSlip or PocketSlip's IT personnel's respective reasonable control. This includes lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom PocketSlip is not responsible, acts of government or other competent authorities (including telecommunications and internet service providers). You indemnify and hold PocketSlip (including its directors, agents, contractors and service providers) harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the App, or the use of information and/or images available on or via the App, whether due to PocketSlip's (including its directors’, agents’, contractors’ and service providers’) negligence or not.
6. Transmission and accuracy of information
PocketSlip is not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of the Services. However, despite this, information that is transmitted over the Internet may be susceptible to unlawful access and monitoring. PocketSlip gives no guarantee of any kind concerning the content on our Services. PocketSlip does not give any warranty (express or implied) or make any representation that PocketSlip's Services will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose.
7. Deemed rules for sending and receiving electronic messages
You hereby acknowledge that PocketSlip will primarily use e-mail and electronic notices on the App, as PocketSlip's main communication tool for all communications relating to the Services, or these terms and conditions. Such communications may include the use of SMS (short message services), registered mail or telephonic advice. You hereby agree that the provisions of Part 2 of Chapter III of the Electronic Communications & Transactions Act 25 of 2002 are hereby excluded and that the following terms will apply when you (or any one acting on your behalf) and PocketSlip send each other electronic messages via any electronic means, including via the App or email :Where you make any offer to PocketSlip, such as subscribing to the Services, or to pay for use of the Services, an agreement is formed at the time PocketSlip sends you its written acceptance of your offer, or notifies you of such acceptance via the App. An automated or manual acknowledgement of receipt of your electronic message shall not be deemed to constitute acceptance. All electronic messages will be deemed to have been sent from, and received at your specified e-mail address or mobile phone and PocketSlip's address as specified in the App. An electronic message is deemed to have been sent:
- by you, at the time at which PocketSlip is capable of accessing such message;
- by PocketSlip, at the time shown on the electronic message as having been sent or, if not so shown, at the time shown on our system as having been sent.
An electronic message is deemed to be received -
- by you, once it becomes capable of being retrieved by you;
- by PocketSlip, once PocketSlip has confirmed receipt thereof or responded thereto, whichever is the earlier.
An electronic message shall be attributed -
- to you, if it purports to have originated from you, irrespective of the fact that someone else may have impersonated you or whether the electronic message sent to PocketSlip resulted from an error or malfunction in the communication system, except if you can timeously satisfy PocketSlip otherwise before PocketSlip has acted upon the message.
- to PocketSlip, if it has been sent by a duly authorised representative and such representative acted within the scope of such authority or by an automated system programmed by PocketSlip and such system operated without error or malfunction. Unless otherwise provided for in these Terms, confirmation of receipt of your electronic message is required to give legal effect to such electronic message.
PocketSlip will take reasonable steps to exclude viruses from the Services, but cannot guarantee or warrant that any material available for downloading from PocketSlip's App will be free from infection, viruses and/or other code that has contaminating or destructive properties and no liability is accordingly accepted for viruses. You are responsible for, and we recommend that you take your own precautions and implement sufficient procedures to satisfy your particular safety requirements.
9. Third party sites
PocketSlip provides certain hyperlinks to third party websites or apps only as a convenience, and the inclusion of any hyperlinks or any advertisement of any third party on PocketSlip’s App does not imply endorsement by PocketSlip of their websites or apps, their products, business or security practices or any association with its operators. You access those websites and use their apps, products and services solely at your own risk.
10. Intellectual Property Rights
You acknowledge and agree that all right, title and interest in, and to, any PocketSlip or other Intellectual Property (including but not limited to any copyright, trademark, design, logo, process, practice, methodology which forms part of, or is displayed or used on the App or the Services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to PocketSlip or its respective owner(s) and will remain so vested in all circumstances.You therefore agree that you will not at any time or under any circumstances acquire any rights of any nature by using the Services.
11. Warranties and representations
PocketSlip makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the App and/or the information, images or audio contained in the App. The Services are thus used at your own risk. You warrant to and in favour of PocketSlip that:
a) you are 18 years or older; and/or
b) you have the legal capacity to agree to and be bound by these Terms; and
c) the Terms constitute a contract valid and binding on you and enforceable against you.
Each of the warranties given by you will
i) be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in the Terms;
ii) continue and remain in force irrespective of whether your account is active, suspended or cancelled;
iii) be deemed to be material.
12. PocketSlip information in terms of Section 43 of the Electronic Communication and Transactions Act No. 25 of 2002
- Site owner: PocketSlip (Pty) Ltd (PocketSlip)
- Legal status: PocketSlip is a private company, duly incorporated in South Africa in accordance with the applicable legislation;
- PocketSlip Registration No: 2015/056656/07;
- Description of main business of PocketSlip: Technology and related.
- E-mail address: info @ pocketslip.com;
- Website addresses: www.pocketslip.com;
- Physical Address: The Business Exchange, 150 Rivonia Road, Sandton, 2196;
- Postal Address: The Business Exchange, 150 Rivonia Road, Sandton, 2196;
- Registered Address: 65 Camborne Road, New Redruth, Alberton, 1449.
Any provision of these Terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and will be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.
14. Governing law
These Terms and any matter arising from these Terms, shall be governed by and interpreted in accordance with the substantive laws of South Africa. For the purpose of all or any proceedings arising from your use of the Services, you consent to the jurisdiction of the Magistrates' Court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to section 45 of the Magistrates' Court Act, 1944, provided, nevertheless, that PocketSlip shall have the right at its sole option and discretion to institute proceedings in any other competent court. Notwithstanding the above consent, you agree to first explore all avenues of alternative dispute resolution procedures to which PocketSlip may agree, such as mediation.PocketSlip shall however not be obliged to follow any alternative dispute resolution process, should it not wish to do so.
Failure or neglect by PocketSlip to enforce any of these Terms, will not be construed as a waiver of its rights, nor will such failure or neglect in any way affect the validity of the whole or any part of these Terms, nor prejudice the rights of PocketSlip to take subsequent action.
16. Data Protection
16.1. We may, and you expressly consent to, the collecting and Processing of your Personal Information by us to open, administer and operate your Profile and Account; provide any combination of services or analysis linked to the App; monitor and analyse the conduct on your Profile and Account for fraud, compliance and other risk-related purposes; carry out statistical and other analyses to identify potential markets and trends; and develop new products and services.
16.2. You expressly consent that we may Process and further Process your Personal Information within the Group for the above purposes; disclose your Personal Information to any person who provides services to us or acts as our agent or to whom we have transferred or propose to transfer any of our rights and duties in respect of your Account or Profile (some of these persons may be located in countries outside of the Republic of South Africa); and share your Personal Information with our services providers, locally and outside the Republic of South Africa, as necessary. We ask persons who provide services to us to agree to our privacy policies if they need to access any Personal Information to carry out their services.
16.3. You acknowledge that: we will at all times remain responsible for determining the purpose of and means for Processing your Personal Information; we are required by various laws to collect some of your Personal Information, without which we may be unable to offer the App services to you; and you are giving us your Personal Information voluntarily.
17. Marketing by post, email, through our application or text messages
If you give us permission, we may use your Personal Information to you about products, services, and special offers from us or other companies that may interest you. We will do this by post, e-mail, through our application or text message. If you decide that you do not want us to do this, you can contact us, and we will stop.
Any questions or concerns arising from these Terms or use of the Services should be addressed to info @ pocketslip.com
For all purposes of these Terms, any notice required to be in writing shall include email.
20. Whole agreement
These Terms, as may be amended from time to time, constitute the whole agreement between yourself and PocketSlip relating to your use of the Services.
21. No third party stipulation
The Terms create a legally binding agreement only between yourself and PocketSlip only. Accordingly, unless expressly stated to be the case, the Terms do not create rights in favour of any third party.