Terms & Conditions – Ubunye Stokvel

DISCLAIMER
UBUNYE STOKVEL (PTY) LTD IS A PRIVATE COMPANY. WE OFFER A CONSOLIDATED PLATFORM FOR STOKVEL SAVINGS ONLY. OUR COMPANY IS NOT A REGISTERED INVESTMENT ADVISOR, BROKER/DEALER, FINANCIAL ANALYST, FINANCIAL BANK, SECURITIES BROKER OR FINANCIAL PLANNER. WE DO NOT OFFER FINANCIAL ADVISORY SERVICES AND WE DO NOT OFFER ANY FINANCIAL PRODUCTS THAT REQUIRES FSB/FSCA REGULATORY COMPLIANCE. YOU SHOULD CONSULT WITH YOUR FINANCIAL ADVISOR, ACCOUNTANT OR SEEK LEGAL ADVICE FOR ALL PROFESSIONAL SERVICES.

THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND UBUNYE STOKVEL. BEFORE USING ANY UBUNYE STOKVEL SERVICES, PLEASE READ IT CAREFULLY. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE UBUNYE STOKVEL SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.

IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE UBUNYE STOKVEL SERVICES IMMEDIATELY.

TERMS AND CONDITIONS
Welcome to UBUNYE STOKVEL (PTY) LTD (“UBUNYE STOKVEL”, “We”, “Us”, “Our”) mobile device software application (the “UBUNYE STOKVEL Software”), Web site, and any other mobile or web services or applications owned, controlled, or offered by UBUNYE STOKVEL now or in the future (collectively, the “UBUNYE STOKVEL Services”). For clarity, any reference herein to “UBUNYE STOKVEL Services” includes the “UBUNYE STOKVEL Software.” Users/Members who access, download, use, purchase and/or subscribe to the UBUNYE STOKVEL Services (collectively or individually “You” or “Your” or “User” or “Users” or”Members”) must do so under the following Terms and Conditions of Service and Privacy Policy (please see https://ubunyestokvel.co.za/privacy-policy) (COLLECTIVELY, THIS “Agreement”).

RESOLVING DISPUTES WITH YOU: A SECTION OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTIONS BELOW FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE UBUNYE STOKVEL SERVICES IMMEDIATELY.

We recommend that you save a copy of this Agreement for your records. You may receive a copy of this Agreement by emailing us at info@ubunyestokvel.co.za – Subject: Request for Terms of Service Agreement.

AGE RESTRICTIONS AND SAFETY: You hereby affirm and warrant that you are currently eighteen (18) years of age or over (twenty-one (21) years in places where eighteen (18) years is not the age of majority) and you are capable of lawfully entering into and performing all the obligations set forth in this agreement.

SAFETY: UBUNYE STOKVEL is not responsible for your use of the UBUNYE STOKVEL services or for the actions of other users with whom you may exchange information or have contact,
UBUNYE STOKVEL does not conduct criminal background screenings of its users,
UBUNYE STOKVEL does not verify the information provided by users with respect to users/members’ FICA details,

WARNING: IMPORTANT DISCLAIMER ABOUT LOCATION DATA. THE UBUNYE STOKVEL SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE UBUNYE STOKVEL SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. UBUNYE STOKVEL IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.

International Users: Use Outside South Africa. The UBUNYE STOKVEL Services are controlled and offered by UBUNYE STOKVEL from within South Africa and, regardless of your place of residence within South Africa, your use of UBUNYE STOKVEL Services is governed by the law of South Africa. UBUNYE STOKVEL makes no representations that the UBUNYE STOKVEL Services are appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the UBUNYE STOKVEL Services from other locations do so at their own risk and are responsible for compliance with local law. You consent to the transfer and processing of your data in South Africa and any other jurisdiction throughout the world as at our discretion.

English Language: UBUNYE STOKVEL may provide translations of this Agreement and local-language versions of the UBUNYE STOKVEL Services for the convenience and enjoyment of its local users. This Agreement was written in English and to the extent the translated version of this Agreement is inconsistent with the English version, the English version will control. Similarly, UBUNYE STOKVEL reserves the right to correct translation errors and similar issues occasioned by the offering of local language versions of this Agreement and the UBUNYE STOKVEL Services.

Your account registration | Your account use: Your Account Registration. If you create an account on any of the UBUNYE STOKVEL Services (a “User/Member Account”) and submit information to us, You must ensure that such information is accurate. You must promptly update such information if it changes. Accounts are Personal. You may not use anyone else’s account at any time. You may not buy, sell, rent, or lease access to your user account or your username without our written permission. You will not share or otherwise transfer your user account or credentials.

SECURITY OF YOUR ACCOUNT:
You are entirely responsible for maintaining the confidentiality of your password and account,
You are entirely responsible for any and all activities that occur under your account,
You agree to notify UBUNYE STOKVEL immediately of any unauthorized use of your account or any other breach of security,
We will be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge,
You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by UBUNYE STOKVEL or a third party due to someone else using your account, regardless of whether they are authorized,
We have no obligation to retain a record of your account. UBUNYE STOKVEL has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the UBUNYE STOKVEL Services,
The UBUNYE STOKVEL Services are not intended for data storage. You are solely responsible for backing up your data (e.g., separately saving the contact information of individuals you add through the UBUNYE STOKVEL Services).

PRIVACY POLICY: Our collection, use, and sharing of personal and other information about you is subject to Our Privacy Policy. You understand that through your use of the UBUNYE STOKVEL Services you consent to the collection, retention, use, and sharing of this information as set forth in Our Privacy Policy, including the transfer of your personal information to whomever we choose.

SERVICE MODIFICATIONS: We reserve the right, at our discretion, to modify, add, or discontinue the UBUNYE STOKVEL Services or any portion thereof, at any time, for any reason, and without notice or liability to you. We reserve the right at any time to charge fees for access to all or portions of the UBUNYE STOKVEL Services and change any such pricing at any time.

OUR OWNERSHIP | OUR PROPRIETARY RIGHTS:
The UBUNYE STOKVEL Services are owned and operated by UBUNYE STOKVEL (PTY) LTD. The UBUNYE STOKVEL Services, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including the mobile device applications, and all other elements of the UBUNYE STOKVEL Services (collectively, the “Materials”) are protected by South Africa copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the UBUNYE STOKVEL Services are the property of UBUNYE STOKVEL or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the UBUNYE STOKVEL Services are proprietary to UBUNYE STOKVEL or its affiliates and/or third-party licensors. Except as expressly authorized by UBUNYE STOKVEL under this Agreement, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

WE MAY DELETE YOUR ACCOUNT: UBUNYE STOKVEL may delete, any User Content (as defined below) at any time for any reason, or no reason whatsoever. Any violation of the guidelines or this agreement by Your User Content, as determined by UBUNYE STOKVEL, may result in Your User Account being locked-out or deleted and may lead to the full termination of your access to the UBUNYE STOKVEL Services.

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS REGARDING PROHIBITED CONDUCT AND USES LISTED BELOW:
You will NOT use the UBUNYE STOKVEL Services or any information displayed within the UBUNYE STOKVEL Services to harass, abuse, defame, threaten or defraud other users; violate the privacy or other rights of users; or collect, attempt to collect, personal information about other users,
You will NOT use the UBUNYE STOKVEL Services for any commercial or non-private use, such as the sale or advertisement of goods or services, and you understand that the UBUNYE STOKVEL Services are for commercial use only in the manner and for the purposes that we intend,
You will NOT use the UBUNYE STOKVEL Services for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control,
You will NOT make unsolicited offers, advertisements, or send junk messages to other users/members of the UBUNYE STOKVEL Services. This includes unsolicited advertising, promotional materials or other solicitation material, bulk messaging of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies,
You will NOT impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the UBUNYE STOKVEL User Accounts of other users,
You will NOT misrepresent the source, identity or content of information transmitted via the UBUNYE STOKVEL Services,
You will NOT display the UBUNYE STOKVEL application or profile data on any external display or monitor or in any public setting,
You will NOT remove, circumvent, disable, damage or otherwise interfere with security-related features of the UBUNYE STOKVEL Services, features that prevent or restrict use or copying of any content accessible through the UBUNYE STOKVEL Services, or features that enforce limitations on use of the UBUNYE STOKVEL Services,
You will NOT intentionally interfere with or damage operation of the UBUNYE STOKVEL Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code,
You will NOT post, store, send, transmit, or disseminate any information or material which a reasonable member could deem to be objectionable, defamatory, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful,
You will NOT post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person,
You will NOT use the UBUNYE STOKVEL Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications,
You will NOT use the UBUNYE STOKVEL Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the UBUNYE STOKVEL Services could lead to death, personal injury, or physical or property damage,
You will NOT attempt to gain unauthorized access to the UBUNYE STOKVEL Services, or any part of it, other accounts, computer systems or networks connected to the UBUNYE STOKVEL Services, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the UBUNYE STOKVEL Services or any activities conducted on the UBUNYE STOKVEL Service,
You will NOT probe, scan, or test the vulnerability of the UBUNYE STOKVEL Services or any system or network; use any robot, spider, scraper or other automated means to access the UBUNYE STOKVEL Services for any purpose without our express written permission; bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the UBUNYE STOKVEL Services; modify the UBUNYE STOKVEL Services in any manner or form; use or develop any application that interacts with the UBUNYE STOKVEL Services or provides access to other users’ content or information without our written permission; or use modified versions of the UBUNYE STOKVEL Services, including for the purpose of obtaining unauthorized access to the UBUNYE STOKVEL Services; and
You will NOT interfere with anyone’s ability to use or enjoy the UBUNYE STOKVEL Service, or aid or encourage any activity prohibited by this Agreement.

CANCELLATION POLICY: You may cancel your services at any time, subject to the terms of this agreement. In order to cancel, you must follow the instructions given in the UBUNYE STOKVEL Services. There are no cancellation fees. Instructions for cancelling services may be obtained by email request to info@ubunyestokvel.co.za

PROMO CODES: UBUNYE STOKVEL may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash and will not be held as a credit. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by UBUNYE STOKVEL at any time in our sole discretion.

YOUR USAGE: You acknowledge that some of the UBUNYE STOKVEL Services may only be accessed by downloading the UBUNYE STOKVEL Software to a mobile device. You will not have the opportunity to view your user contents unless you have downloaded the UBUNYE STOKVEL Software and registered an account.

UBUNYE STOKVEL RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY USER’S USE OF THE UBUNYE STOKVEL SERVICES, INCLUDING A USER’S REGISTRATION, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER MEMBERS. ACCORDINGLY, UBUNYE STOKVEL ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE UBUNYE STOKVEL SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE OR OUR BEING LIABLE TO YOU.

You alone are responsible for your involvement with other users/members. You agree that UBUNYE STOKVEL will not be responsible for any loss or damage incurred as the result of any such interactions. UBUNYE STOKVEL reserves the right, but has no obligation, to monitor disagreements between you and other users/members.
UBUNYE STOKVEL does not control the content of user accounts and profiles. UBUNYE STOKVEL has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you share on the UBUNYE STOKVEL Services.

OUR REFUSAL OR SUSPENSION OF YOUR SERVICE: You may terminate your membership at any time for any reason, by following the instructions given in the UBUNYE STOKVEL Services. Upon the cancellation of your membership, this agreement will immediately terminate, however your data will remain on our servers for an agreed period.
If we believe that your profile content or your conduct within the UBUNYE STOKVEL Services violates Our Terms of Service, your access and membership may be immediately terminated.

UBUNYE STOKVEL RESERVES THE RIGHT TO REFUSE OR SUSPEND ACCESS TO ANY USER/MEMBER, FOR ANY REASON OR NO REASON, AND WITHOUT ANY NOTICE.

UBUNYE STOKVEL may terminate any user account you have with the UBUNYE STOKVEL Services or your use of the UBUNYE STOKVEL Services or any portion thereof, if UBUNYE STOKVEL believes that you have breached this Agreement, or for any other reason, in its sole discretion. UBUNYE STOKVEL may also remove and discard all or any part of your user/membership account or any profile content, at any time. You agree that any termination of your access to the UBUNYE STOKVEL Services or any user account you may have or portion thereof may be affected without prior notice, and you agree that UBUNYE STOKVEL will not be liable to you or any third party for any such termination. For example, We may deactivate your user account due to prolonged inactivity. Without limitation of our other rights, We reserve the right to delete all your user content from the UBUNYE STOKVEL Services upon any termination or cancellation of your user account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the UBUNYE STOKVEL Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies UBUNYE STOKVEL may have at law or in equity.
If you believe that UBUNYE STOKVEL has suspended or terminated your user/membership account in error, you may contact us at info@ubunyestokvel.co.za (see trading hours)

USER CONTENT: The UBUNYE STOKVEL Services allow the users/member to manage their Stokvel savings on our platform. You are solely responsible for your own user content/profile and the consequences of uploading your information. In connection with user content, you affirm, represent, and warrant that: (i) You own, or have the necessary rights, consents, and permissions to use, and authorize UBUNYE STOKVEL to use, all intellectual property and any other proprietary rights in and to any and all user content to enable inclusion and use of the user content platform in the manner contemplated by the UBUNYE STOKVEL Services and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the user content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the user content in the manner contemplated by the UBUNYE STOKVEL Services and this Agreement. For clarity, you shall retain all of your ownership rights in your user content/profile.

You understand that when using the UBUNYE STOKVEL Services, you will be exposed to receiving marketing information from a variety of sources, and that UBUNYE STOKVEL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such marketing information.

User/member information is owned by the user who uploaded them, subject to UBUNYE STOKVEL terms to such user content under this agreement. You may not share, display or duplicate the user/member content of any other party, except as permitted under this Agreement. You hereby grant, and you represent and warrant that you have the right to grant, to UBUNYE STOKVEL an irrevocable, nonexclusive, royalty-free worldwide permission to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your profile information, (through unlimited tiers as deemed necessary by us), solely for the purposes of including your user content in the UBUNYE STOKVEL Services and as otherwise permitted by this Agreement. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your user content. You also hereby grant to UBUNYE STOKVEL, in connection with a sale of UBUNYE STOKVEL or the assets of UBUNYE STOKVEL, the right to sell or transfer the user/member content to a third party.

Please see Our Privacy Policy for additional information about the use, collection, or sharing of Your information, including User Content.

If you provide UBUNYE STOKVEL with any feedback or suggestions regarding the UBUNYE STOKVEL Services (“Feedback”), you hereby assign to UBUNYE STOKVEL all rights in the Feedback and agree that UBUNYE STOKVEL shall have the right to use such Feedback and related information in any manner it deems appropriate. UBUNYE STOKVEL will treat any Feedback you provide to UBUNYE STOKVEL as non-confidential and non-proprietary to you. UBUNYE STOKVEL will have no obligation under any circumstances to compensate you for any Feedback. You agree that you will not submit to UBUNYE STOKVEL any information or ideas that you consider to be confidential or proprietary, or for which you expect to be compensated.

THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS: The UBUNYE STOKVEL Services may include links to other web sites or services, whether through advertising or otherwise, (“Third-Party Websites”) solely as a convenience to our users/members. UBUNYE STOKVEL does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, UBUNYE STOKVEL makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk. We do not control these Third-Party Websites and this Agreement does not apply to companies that UBUNYE STOKVEL does not own or control, or to the actions of people that UBUNYE STOKVEL does not employ or manage. You should always check the terms of use posted on Third-Party Websites.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the UBUNYE STOKVEL Services are solely between you and such advertisers. You agree that UBUNYE STOKVEL will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the UBUNYE STOKVEL Services. While we will act in your best interest to negotiate on special pricing and discounted deals, it is at your discretion to partake in these offerings.

Parties other than UBUNYE STOKVEL may provide services or sell products via the UBUNYE STOKVEL Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or the content of their product and service offerings. UBUNYE STOKVEL does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the third parties’ privacy statements and other terms and conditions of use.

By your use of third-party applications that connect with the UBUNYE STOKVEL Services (“Third-Party Applications”), you acknowledge and agree that UBUNYE STOKVEL may transmit user content to Third-Party Websites or Third-Party Applications through application protocol interfaces developed and maintained by those Third-Party Websites or Third-Party Applications. UBUNYE STOKVEL is not responsible for the transmission of the user content from the UBUNYE STOKVEL Services to Third-Party Websites or Third-Party Applications, nor the use of the user content on any Third-Party Websites or Third-Party Applications. You should review the terms of service and privacy policies of any Third-Party Websites or Third-Party Applications. UBUNYE STOKVEL is not responsible for and does not endorse any features, content, or other materials on or available from Third-Party Sites or Third-Party Applications. UBUNYE STOKVEL also does not screen, audit, or endorse Third-Party Sites or Third-Party Applications. Accordingly, if You decide to access Third-Party Sites or Third-Party Applications, you do so at your own risk and agree that your use of any Third-Party Sites or Third-Party Applications is on an “as-is” basis without any warranty as to the Third-Party Sites or Third-Party Applications’ actions, and that this Agreement does not apply to your use of any Third-Party Sites or THIRD-PARTY APPLICATIONS:
You acknowledge and agree that UBUNYE STOKVEL may incorporate your user content and location information for user accounts from the UBUNYE STOKVEL Services with third-party information sources and third-party applications in the provisioning of the UBUNYE STOKVEL Services.

ADVERTISING: UBUNYE STOKVEL and its partners may publicly display advertisements and other information adjacent to your content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice or us being liable to you.

END USER TERMS: Mobile Device. To use the UBUNYE STOKVEL Software you must have a mobile device that is compatible with the UBUNYE STOKVEL Services. UBUNYE STOKVEL does not warrant that the UBUNYE STOKVEL Services will be compatible with your mobile device or every mobile device. You are responsible for any mobile charges that you may incur for using the UBUNYE STOKVEL Services, including text-messaging, roaming charges, and data charges. If you are unsure about the charges that will apply, please contact your mobile service provider before using the UBUNYE STOKVEL Services.

SERVICES LICENSE GRANT: Subject to your compliance with the terms of this Agreement, UBUNYE STOKVEL hereby grants you a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the UBUNYE STOKVEL Software for your membership account on a mobile device owned or leased solely by you, for your personal, non-commercial use and (ii) use the UBUNYE STOKVEL Services (other than the UBUNYE STOKVEL Software) for your personal, non-commercial use.

RESTRICTIONS: You may NOT: (i) modify, disassemble, decompile or reverse engineer the UBUNYE STOKVEL Services, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the UBUNYE STOKVEL Services to any third party or use the UBUNYE STOKVEL Services or similar services for any third party; (iii) make any copies of the UBUNYE STOKVEL Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the UBUNYE STOKVEL Services, features that prevent or restrict use or copying of any information accessible through the UBUNYE STOKVEL Services, or features that enforce limitations on use of the UBUNYE STOKVEL Services; or (v) delete the copyright and other proprietary rights notices on the UBUNYE STOKVEL Services.

UPGRADES: You acknowledge that UBUNYE STOKVEL may from time to time issue upgraded versions of the UBUNYE STOKVEL Services and may automatically electronically upgrade the version of the UBUNYE STOKVEL Services that you are using on your mobile device or otherwise. You consent to such automated upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such updates and/or upgrades. You agree that UBUNYE STOKVEL will not be liable to you or any third party for any such modifications.

SOURCE CODE: With respect to our source code or third-party code that may be incorporated in the UBUNYE STOKVEL Services, such source code is covered by the applicable source coding or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such source coding software.

RIGHTS RESERVED: The foregoing user/membership license granted under this Agreement is not a sale of the UBUNYE STOKVEL Services or any copy thereof and UBUNYE STOKVEL or its third-party partners or suppliers retain all right, title, and interest in the UBUNYE STOKVEL Services (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. UBUNYE STOKVEL reserves all rights not expressly granted under this Agreement.

Trademarks, Service Marks and Logos. The names and logos associated with the UBUNYE STOKVEL Services are the property of UBUNYE STOKVEL. No use of these marks is permitted except through the prior written authorization and permission of UBUNYE STOKVEL. All rights reserved.

GOVERNMENT END USERS: The UBUNYE STOKVEL Services are intended for the use by individuals and/or private memberships groups, not GOVERNMENT entities. Nothing in this Agreement or otherwise will give GOVERNMENT user rights to the UBUNYE STOKVEL Services broader than those set forth in this Agreement.

FINANCIAL INSTITUTIONS END USERS: The UBUNYE STOKVEL Services are intended for the use by individuals and/or private memberships groups, not FINANCIAL INSTITUTION entities. Nothing in this Agreement or otherwise will give FINANCIAL INSTITUTIONS user rights to the UBUNYE STOKVEL Services broader than those set forth in this Agreement.

EXPORT CONTROL: The UBUNYE STOKVEL Services originates in South Africa and are subject to South African export laws and regulations. The UBUNYE STOKVEL Services may not be exported or re-exported by you to any countries or those persons or entities prohibited from receiving exports from the South Africa. In addition, the UBUNYE STOKVEL Services may be subject to the import and export laws of other countries. You agree to comply with all South African and foreign laws related to use of the UBUNYE STOKVEL Services.

APP STORES:
You acknowledge and agree that the availability of the UBUNYE STOKVEL Services is dependent on the third party from which you received the UBUNYE STOKVEL Services, e.g, the Android Market or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between you and UBUNYE STOKVEL and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the UBUNYE STOKVEL Services from it. You agree to comply with, and your permission to use the UBUNYE STOKVEL Services is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.

OUR DISCLAIMERS – NO WARRANTIES TO YOU:
THE UBUNYE STOKVEL SERVICES AND ANY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE UBUNYE STOKVEL SERVICES ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. UBUNYE STOKVEL, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. UBUNYE STOKVEL AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE UBUNYE STOKVEL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE UBUNYE STOKVEL SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UBUNYE STOKVEL AND ITS SUPPLIERS AND PARTNERS (INCLUDING UBUNYE STOKVEL THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER UBUNYE STOKVEL SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT UBUNYE STOKVEL OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE UBUNYE STOKVEL SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE UBUNYE STOKVEL SERVICES AT YOUR OWN DISCRETION AND RISK. CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

YOUR INDEMNIFICATION OF US – YOU HOLD UBUNYE STOKVEL HARMLESS:
You agree to indemnify, defend, and hold UBUNYE STOKVEL (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (a) Your use, misuse, misinterpretation or misrepresentation of any information or the other UBUNYE STOKVEL Services generally, (b) any violation of the rights of any other person or entity by you, (c)any alleged breach or violation by you of this Agreement. UBUNYE STOKVEL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense for these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and your use of the UBUNYE STOKVEL Services.

LIMITATION OF OUR LIABILITY AND OF YOUR DAMAGES:
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL UBUNYE STOKVEL (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE UBUNYE STOKVEL SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION; (C) YOUR USE OR INABILITY TO USE THE UBUNYE STOKVEL SERVICES; (D) THE UBUNYE STOKVEL SERVICES GENERALLY (INCLUDING THE UBUNYE STOKVEL SOFTWARE) OR SYSTEMS THAT MAKE THE UBUNYE STOKVEL SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH UBUNYE STOKVEL OR ANY OTHER USER/MEMBER OF THE UBUNYE STOKVEL SERVICES, EVEN IF UBUNYE STOKVEL OR A UBUNYE STOKVEL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL UBUNYE STOKVEL (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE UBUNYE STOKVEL SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE UBUNYE STOKVEL SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR TWENTY RANDS, WHICHEVER IS GREATER. THIS SECTION IS NOT INTENDED TO EXCLUDE LIABILITY THAT UBUNYE STOKVEL MAY NOT EXCLUDE UNDER APPLICABLE LAW. YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH UBUNYE STOKVEL. YOU ACKNOWLEDGE AND AGREE THAT UBUNYE STOKVEL HAS OFFERED THE UBUNYE STOKVEL SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND UBUNYE STOKVEL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND UBUNYE STOKVEL. UBUNYE STOKVEL WOULD NOT BE ABLE TO PROVIDE THE UBUNYE STOKVEL SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

YOU RELEASE US:
To the fullest extent permitted by applicable law, You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or user content and information provided by, other UBUNYE STOKVEL Services Users or (2) any third-party site, products, services, and links included on or accessed through the UBUNYE STOKVEL Service.

RESOLVING OUR DISPUTES: You and UBUNYE STOKVEL agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the UBUNYE STOKVEL Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to UBUNYE STOKVEL in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section:

INFORMAL RESOLUTION: If you have any dispute with us, you and we agree that before taking any formal action, you will contact us at info@ubunyestokvel.co.za, provide a brief, written description of the dispute and your contact information (including your membership number, identity number and phone number associated with your user/membership account, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue with you.

APPLICABLE LAW: You agree with us that South African law including the Arbitration Act, will govern all Covered Dispute Matters. Such body of law will apply regardless of where you use the UBUNYE STOKVEL Services.

OUR ARBITRATION: You agree with us that this Agreement and each of its parts evidence a transaction involving interstate commerce, and the Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Dispute Matter must be asserted individually in binding arbitration administered by the Association of Arbitrators NPC (“Southern Africa ”) in accordance with its Consumer Arbitration Rules (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). You and We agree that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You agree with us that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable or a particular claim is subject to arbitration. You agree with us that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

The Arbitrator’s Award to You or Us: You and us agree that for matters where the relief sought is over R10,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honour all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users/members but is bound by rulings in prior arbitrations involving the same UBUNYE STOKVEL User/member to the extent required by applicable law. You and us agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AND US AGREE THAT THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), FOR EXAMPLE YOUR CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS/MEMBERS.

Exceptions To Our Agreement To Arbitrate Disputes. There are only two exceptions to this agreement to arbitrate:
First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.

WHO BEARS THE COSTS OF ARBITRATION: You and us agree that payment of all filing, administration, and arbitrator fees will be governed by the Association of Arbitrators NPC rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is R5,000 or less, at your written request, UBUNYE STOKVEL will reimburse you for the filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement, provided that you make your request no more than thirty (30) days following the earlier of such decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, you agree that UBUNYE STOKVEL is relieved of its obligation to reimburse you for any fees associated with the arbitration, however for the time spent in attending to the Arbitration initiated by you, a claim of up to but not limited to R5,000 may apply.

FUTURE AMENDMENTS TO THE AGREEMENT TO ARBITRATE: Notwithstanding any provision in this Agreement to the contrary, You and We agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against UBUNYE STOKVEL prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and UBUNYE STOKVEL. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.

JUDICIAL FORUM FOR LEGAL DISPUTE: Unless You and us agree, in the event that the agreement to arbitrate the above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because you are an international user to which this agreement to arbitrate does not apply, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and UBUNYE STOKVEL must be resolved exclusively by a state court located in Durban, South Africa. You and UBUNYE STOKVEL agree to submit to the exclusive personal jurisdiction of the courts located within Durban for the purpose of litigating all such claims or disputes.

YOU MAY OPT-OUT OF ARBITRATION: IF YOU ARE A NEW UBUNYE STOKVEL USER/MEMBER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO INFO@UBUNYESTOKVEL.CO.ZA (“OPT-OUT NOTICE”) OR BY POSTAL MAIL TO: UBUNYE STOKVEL (PTY) LTD,
P.O BOX 10100, MARINE PARADE, 4056. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW UBUNYE STOKVEL USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

Arbitration Opt-Out Procedure: In order to opt-out, you must email your ACCOUNT NUMBER, IDENTITY NUMBER, ADDRESS (including street address, city, state, and zip code), associated with your account(s) to which the opt-out applies, and an unaltered digital image of your valid identity document or driver’s license to: info@ubunyestokvel.co.za. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of this Agreement and this Disputes Section (including Sections ‘You Acknowledge the Benefit of the Bargain with UBUNYE STOKVEL’) and through (Advertising; End User Licenses; Our Disclaimers; No Warranties to You, and Limitation of our Liability and of Your Damages) will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

YOU WAIVE CERTAIN RIGHTS. BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (iii) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT. STATUTE OF LIMITATIONS FOR YOUR CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

NOTICE AND TAKEDOWN POLICY: UBUNYE STOKVEL respects intellectual property rights and expects its users/members to do the same. UBUNYE STOKVEL will promptly terminate without notice the accounts of users/members that are determined by UBUNYE STOKVEL to be “repeat infringers.” A repeat infringer is a user/member who has been notified by UBUNYE STOKVEL of infringing activity violations more than twice and/or who has had their user information removed from the UBUNYE STOKVEL Services more than twice. (Note that we reserve the right to terminate accounts for a single infringement as well)

If you are a copyright owner or an agent thereof, and you believe that any content hosted on any UBUNYE STOKVEL Services infringes your copyrights, then you may submit a notification by providing UBUNYE STOKVEL Designated Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable UBUNYE STOKVEL Services are covered by a single notification, a representative list of such works on the applicable UBUNYE STOKVEL Services;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit UBUNYE STOKVEL to locate the material;
Information reasonably sufficient to permit UBUNYE STOKVEL to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).
UBUNYE STOKVEL Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

UBUNYE STOKVEL (PTY) LTD
Attention: Copyright Agent
P.O. Box 10100
Marine Parade, 4056
Telephone: (+27) 84 9000 786
Email: info@ubunyestokvel.co.za

For clarity, only notices under this section should go to the UBUNYE STOKVEL Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

APPLE APP STORE ADDITIONAL TERMS AND CONDITIONS. The following additional terms and conditions apply to you if you are using UBUNYE STOKVEL Software from the Apple App Store.
Acknowledgement: UBUNYE STOKVEL and you acknowledge that this Agreement is concluded between UBUNYE STOKVEL and you only, and not with Apple, and that UBUNYE STOKVEL, not Apple, is solely responsible for UBUNYE STOKVEL Software and the content thereof. To the extent this Agreement provides for usage rules for UBUNYE STOKVEL Software that are less restrictive than the Usage Rules set forth for UBUNYE STOKVEL Software in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.

SCOPE OF LICENSE PERMISSION: The permission granted to you for UBUNYE STOKVEL Software is limited to a non-transferable license to use UBUNYE STOKVEL Software on an iOS product that you own or control and as permitted by the usage rules set forth in the Apple App Store Terms of Service.

MAINTENANCE AND SUPPORT: UBUNYE STOKVEL is solely responsible for providing any maintenance and support services with respect to UBUNYE STOKVEL Software, as specified in this Agreement (if any), or as required under applicable law. UBUNYE STOKVEL and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to UBUNYE STOKVEL Software.

WARRANTY: UBUNYE STOKVEL is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

PRODUCT CLAIMS: UBUNYE STOKVEL and you acknowledge that UBUNYE STOKVEL, not Apple, is responsible for addressing any claims from you or any third party relating to UBUNYE STOKVEL Software in your possession and/or use of UBUNYE STOKVEL Software, including: (i) product liability claims; (ii) any claim that UBUNYE STOKVEL Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit UBUNYE STOKVEL liability to you beyond what is permitted by applicable law.

INTELLECTUAL PROPERTY RIGHTS: UBUNYE STOKVEL and You acknowledge that, in the event of any third-party claim that UBUNYE STOKVEL Software infringes that, UBUNYE STOKVEL, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

LEGAL COMPLIANCE: You represent and warrant that (i) You are not located in a country that is subject to an embargo, or that has been designated by the S.A Government as a “terrorist supporting” country; and (ii)You are not listed on any S.A Government list of prohibited or restricted parties.

DEVELOPER NAME AND ADDRESS: UBUNYE STOKVEL (PTY) LTD contact information for any end-user questions, complaints or claims with respect to UBUNYE STOKVEL Software is set forth below.

UBUNYE STOKVEL (PTY) LTD
P.O. Box 10100
Marine Parade,
4056

MISCELLANEOUS PROVISIONS: Severability, Waiver of Agreement Provisions. You and us agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

NOTICES: UBUNYE STOKVEL may provide you with notices, including those regarding changes to this Agreement, by postings on the UBUNYE STOKVEL Services. You hereby consent to the use of electronic communications. YOU MAY NOT ASSIGN, BUT UBUNYE STOKVEL MAY. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you. However, UBUNYE STOKVEL may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party. You hereby acknowledge and agree that if another company acquires our company, business, or our assets, that transaction may include a sale or transfer of your user content, and you agree to such transfer without further action or confirmation.

No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.

HEADINGS: Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation.” This Agreement is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing, agreed to by both parties.

YOUR INQUIRIES: The services hereunder are offered by UBUNYE STOKVEL(PTY) LTD, P.O.Box 10100, Marine Parade, 4056, Republic of South Africa. General Inquiries: info@ubunyestokvel.co.za

CANCELLATIONS: Cancellations are allowed within a 14-day cancellation period. You have the right to cancel your UBUNYE STOKVEL Services within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (14) days from your activation date (activation date means the date of an account number being generated) of the UBUNYE STOKVEL Services. To exercise the right to cancel your UBUNYE STOKVEL Services during the fourteen (14) day cancellation period, you must inform us at info@ubunyestokvel.co.za of your decision to cancel by a clear instruction. We will communicate to you an acknowledgment of receipt of such cancellation by email without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

EXCEPTIONS TO LIABILITY LIMITATIONS: Nothing in this Agreement excludes or limits UBUNYE STOKVEL (or its affiliated companies’, contractors’, subcontractors’, directors’, officers’, employees’, agents’, third party suppliers’ or partners’) liability for death or personal injury arising from Our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

LOCAL JURISDICTION: The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. But by entering into this Agreement or otherwise, UBUNYE STOKVEL does not consent to the jurisdiction of any courts other than those referenced in this agreement and reserves the right to contest that it is not subject to the jurisdiction of any other court.

DISCLAIMER
UBUNYE STOKVEL (PTY) LTD IS A PRIVATE COMPANY. WE OFFER A CONSOLIDATED PLATFORM FOR STOKVEL SAVINGS ONLY. OUR COMPANY IS NOT A REGISTERED INVESTMENT ADVISOR, BROKER/DEALER, FINANCIAL ANALYST, FINANCIAL BANK, SECURITIES BROKER OR FINANCIAL PLANNER. WE DO NOT OFFER FINANCIAL ADVISORY SERVICES AND WE DO NOT OFFER ANY FINANCIAL PRODUCTS THAT REQUIRES FSB/FSCA REGULATORY COMPLIANCE. YOU SHOULD CONSULT WITH YOUR FINANCIAL ADVISOR, ACCOUNTANT OR SEEK LEGAL ADVICE FOR ALL PROFESSIONAL SERVICES.

Effective Date: 01 November 2018, or membership registration date.