Terms of Use

Terms of Use of PROXIM8 mobile application and site

1. Application and binding effect of these Terms

These terms and conditions (“Terms”) govern your use of the PROXIM8 mobile application. These Terms constitute an agreement between yourself and PROXIM8 (Pty) Ltd (trading as “PROXIM8” and also referred to herein as “we” or “us”). For continued use of the App, you may be requested from time to time to accept new or amended versions of these Terms, which will appear as a pop-up, requesting your acceptance thereof. The Terms may be applicable together with further specific terms applicable to a particular service or product that PROXIM8 may supply to you. If there is a conflict between these Terms and the specific terms, the specific terms will apply. Any reference to “personal information” means any and all information that you provide when using the App, that is categorised as “personal information” in terms of the Protection of Personal Information Act 4 of 2013 (“POPI”).The privacy policy located at https://www.PROXIM8.co.za/privacy/ is incorporated herein by reference. Please familiarise yourself with the terms thereof before you use the mobileApp.

2. Use of the App.

Not all devices may support use of the mobile application. It is your responsibility to keep your device updated and or in a condition for it to support use of the mobile application. PROXIM8 may offer deals 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 PROXIM8’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 mobile application after such material change.In order to register as a User of the mobile application, you may have to provide certain personal information, which PROXIM8 may have to validate. PROXIM8 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 mobile application.You are solely responsible for all internet data usage charges incurred while downloading or using the the App.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.

– distribute or share any QR Code for a coupon deck that you have purchased.

– use the App for commercial purposes, unless PROXIM8 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 and codes in any manner other than as permitted by these terms.

3. Social Media integration

The App may connect to various social media sites or apps, including Facebook, Twitter, LinkedIn, Instagram and Google+, from time, for purposes of creating user profiles, or logging in, sharing information, etc. The respective social media platform’s rules will apply to each such instance of integration, and we will obtain your consent before enabling any such integration. Our Privacy Policy available at (http://www.PROXIM8.com/privacy-policy.php) also details the extent to which we may collect, process and use your personal information.

4. Risk, loss or damages

You hereby agree that subject to applicable law, PROXIM8 will not be liable for:

a) Any interruption, malfunction, downtime, off-line situation or other failure of the App or online Services, PROXIM8’s system, databases or any of its components;

b) Any loss that arises out of the failure of a merchant to honour a discount coupon.

c) 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 PROXIM8’s system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on PROXIM8’s system or third party systems or programming defects; and/or

d) 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 PROXIM8 has no direct control. Neither you nor PROXIM8, nor PROXIM8’s IT personnel, will be held liable for any failure to perform any obligation to the other due to causes beyond your, PROXIM8 or PROXIM8’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 PROXIM8 is not responsible, acts of government or other competent authorities (including telecommunications and internet service providers). You indemnify and hold PROXIM8 (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 PROXIM8’s (including its directors’, agents’, contractors’ and service providers’) negligence or not.

5. Transmission and accuracy of information

PROXIM8 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 App. However, despite this, information that is transmitted over the Internet may be susceptible to unlawful access and monitoring. PROXIM8 gives no guarantee of any kind concerning the content on our App. PROXIM8 does not give any warranty (express or implied) or make any representation that PROXIM8’s App 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.

6. Viruses

PROXIM8 will take reasonable steps to exclude viruses from the App, but cannot guarantee or warrant that any material available for downloading from PROXIM8’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.

7. Third party sites

PROXIM8 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 PROXIM8’s App does not imply endorsement by PROXIM8 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.

8. Intellectual Property Rights

You acknowledge and agree that all right, title and interest in, and to, any PROXIM8 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 including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to PROXIM8 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 App.

9. Warranties and representations

PROXIM8 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 App is thus used at your own risk. You warrant to and in favour of PROXIM8 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.

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.

10. PROXIM8 information in terms of Section 43 of the Electronic Communication and Transactions Act No. 25 of 2002

– Site owner: PROXIM8

– Legal status: PROXIM8 is a private company, duly incorporated in South Africa.

– Description of main business of PROXIM8: Technology and related.

– E-mail address: info@PROXIM8.co.za;

– Website addresses: www.PROXIM8.co.za;

– Physical Address: 2 Lanzerac Close, Table View, Cape Town, 7441

11. Severability

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.

12. 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 PROXIM8 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 PROXIM8 may agree, such as mediation.PROXIM8 shall however not be obliged to follow any alternative dispute resolution process, should it not wish to do so.

13. Waiver

Failure or neglect by PROXIM8 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 PROXIM8 to take subsequent action.

14. Data Protection

14.1. 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.

14.2. 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.

14.3. 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.

15. 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.

16. Enquiries

Any questions or concerns arising from these Terms or use of the Services should be addressed to info@ PROXIM8.co.za

17. Notices

For all purposes of these Terms, any notice required to be in writing shall include email.

18. Whole agreement

These Terms, as may be amended from time to time, constitute the whole agreement between yourself and PROXIM8 relating to your use of the App.

19. No third party stipulation

The Terms create a legally binding agreement only between yourself and PROXIM8 only. Accordingly, unless expressly stated to be the case, the Terms do not create rights in favour of any third party.

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