Terms & Conditions

Terms and Conditions

(The terms and conditions contained herein are hereinafter referred to as the “Agreement”)

This Agreement governs the use of the PEFMO subscriptionService (Hereinafter referred to as the “Service”) and is entered into by You, the user of the Service (Hereinafter referred to as ‘You”) and the provider of the Service, being Smartcall Technology Solutions (Pty) Ltd (Hereinafter referred to as “Us” and/or the “Company”,)

The terms “Your”, “Our”, “We” and any analogous terms shall apply as is appropriate under the circumstances herein.

1. 
   INTRODUCTION
   • The Service is a subscription Service charged at R5.00/day.
   • Network charges may apply.
   • Free minutes and/or other Network bundles do not apply.
   • Errors will be charged.
   • The subscription fee of R5.00/day will be charged directly to Your mobile network account via airtime billing, and/or where applicable to Your credit card. By subscribing to the Service, You authorize Us to deduct the relevant amounts directly from Your network provider (and/or credit card where applicable), and You confirm You have the necessary permissions from the bill payer.
   • If You do not own the handset from which You are subscribing to the Service, You irrevocably warrant that You have the billpayers express consent prior to subscribing to the Service.
   • The Service will be charged for until such time as You opt out of the Service, or until such time as We may elect, in accordance with the terms and conditions contained in this Agreement, to suspend and/or terminate Your use of the Service.

2. HOW TO SUBSCRIBE AND HOW TO UNSUBSCRIBE

2.1 To subscribe to the Service, You need to go to www.pefmo.co.za.

2.2 A welcome message confirming Your subscription to the Service will be sent to the mobile handset number used to register for the Service.

2.3 Monthly reminder messages confirming Your subscription to the Service will also be sent to the mobile handset number used to register for the Service.

2.4 To unsubscribe from the Service, You need to dial *135*997# from your Vodacom handset or SMS stop to 36628 for all other networks.

2.5 Upon successfully unsubscribing from the Service, a confirmation message will be sent to the mobile handset number used to register for the Service.

3. EFFECT OF THIS AGREEMENT

3.1 By consenting to the terms and conditions contained in this Agreement and/or by continuing to use the Service, You are bound by the entirety of this Agreement and as such, terms may be amended by Us from time to time without prior notice to You. In the case of any inconsistency between any specific rules of the Service and this Agreement, this Agreement shall prevail.

3.2 We reserve the right to make any amendments to this Agreement, as We deem necessary, in Our sole discretion. By continuing to use the Service, You are accepting any changes to this Agreement and it remains Your responsibility to check the terms and conditions contained in this Agreement before opting to use the Service.

4. 
   YOUR REPRESENTATIONS

4.1 By seeking to register with Us and/or by making use of the Service, You hereby represent and warrant to Us that at all such times You:

4.1.1 are located in the republic of South Africa;

4.1.2 are of sound mind and capable of taking responsibility for Your own actions;

4.1.3 understand that You will be charged for using the Service and that You accept full responsibility for any such charges that may apply;

4.1.4 are acting as principal and not on behalf of anyone else;

4.1.5 You are the authorized owner of the mobile device which You used to register for the Service during the registration process and/or any subsequent mobile device/s registered on the Service;

4.1.6 You agree to any and all liability incurred as a result of the use of the Service, whether by You personally, or by any other person making use of Your handset, whether with or without Your consent.

4.2 You agree to abide in full by the terms and conditions of this Agreement, as amended by Us from time to time.

4.3 You hereby warrant to Us that:

4.3.1 all information provided in Your registration for the Service and all personal information (as defined in the Protection of Personal Information Act, 4 of 2013) provided to Us is complete, accurate and not misleading;

4.3.2 You will only use the Service strictly for legitimate and lawful purposes only; and,

4.3.3 You will not attempt to hack, reverse engineer, make unauthorized alterations to, and/or introduce any kind of malicious code into the Service, and/or the Company, including any website owned and/or operated by the Company from time to time, by any means whatsoever. Criminal charges and/or civil legal proceedings may be brought against You if You try to manipulate the Service and/or otherwise breach any of the provisions of this Agreement, and We reserve the right to pass on such information as We deem necessary to the relevant authorities if We become aware of, and/or suspect that You are involved in any such activities. You agree to any such disclosure and hold Us harmless in respect thereof.

5. MARKETING COMMUNICATIONS

5.1 By entering into this Agreement, You expressly consent to receive future marketing communications from Us and Our partners. You can opt-out of receiving these communications at any time by following the opt-out instructions in each message sent to You.

6. UPDATES

6.1 We may change, at Our sole discretion, in whole or in part, the format of the Service and/or the content offered as part of the Service, and/or the websites linked to the Service, in order to enhance, correct or support such Services, content and/or websites, or for any other reason We deem necessary in our sole and unfettered discretion.

7. DISCLAIMERS

7.1 We cannot be held liable for any technical errors in or to the Service, the content and/or any websites.

7.2 We cannot be held responsible for any delays or errors in providing the Service.

7.3 We reserve the right to cancel, suspend or terminate the Service, without notice at any time, and no liability shall lie against Us, in favour of You and/or third party, arising from such cancellation, suspension or termination.

8. REGISTRATION

8.1 Before You are able to access the Service, and/or any of the content, You may be required to register with Us by completing the registration process on the Services website.

8.2 Following registration and pursuant to having been successfully billed by Us via Your mobile network operator on the mobile device that You registered with, alternatively where applicable, where Your credit card has been successfully charged, You will be provided with access to the Service.

8.3 Transactions made using Your mobile number, and/or credit card, are accepted by Us strictly on the understanding that You are using the Service. You agree to be solely responsible for use of the Service through use of Your mobile device at all times. If an alternative person has accessed Your mobile device, We accept no liability whatsoever, including but not limited to, any charges, information lost, stolen or misused. If You believe that Your mobile device is in any way being misused by a third party, please inform Us immediately so that We may suspend the Service.

8.4 We reserve the right to verify Your identity at any time (including by using third parties, which may keep a record of that information). We reserve the right to conduct checks against any of the details provided by You to Us in Your registration or at any time thereafter. If upon Our request, You fail to provide proof verifying Your identity and/or any of the other information provided to Us, this may result in the suspension and/or termination of Your registration and/or use of the Service.

8.5 Upon completion of the registration We will confirm via SMS, or such other means as We may elect from time to time, to the mobile number which You provided that Your registration is now complete.

8.6 We reserve the right to monitor the use of the Service and We may elect, in our sole discretion and without providing reasons therefor, to suspend and/or terminate Your registration and/or use of the Service, if We consider or suspect that the Service or any parts thereof is being used in breach of this Agreement or for any other reason that We deem necessary.

8.7 You agree to return in the same condition, or forthwith settle to Us the cash equivalent (if applicable, and calculated as at the date(s) of any applicable prize(s) being awarded) any and all prizes which may have been awarded to You as a result of Your use of the Service, in circumstances where We subsequently discover that You have breached this Agreement (including without limitation where the mobile number used to register to the Service, the use of the Service and/or the registration itself is disputed).

8.8 We reserve the right to record all telephone calls made to, and/or by, Us and to monitor all information relating to the Service for which purposes You consent, including forwarding on such calls to our authorized third parties.

9. COMPATIBILITY

9.1. You may experience problems, or be unable to access certain content successfully, depending on the mobile device used to access the Service. If You have an issue that limits Your access to the Service, and/or some or all of the content and would like to raise a query or ask for technical assistance, please email Our customer support team at info@smartcalltech.co.za

9.2 You acknowledge that We are not responsible for any costs or losses incurred by You, including inter alia, damage to Your mobile device, and/or loss of data, resulting from any such incompatibility.

9.3 We make no representation as to the compatibility of Your mobile device with the Service and You acknowledge and agree that the Company shall have no liability for the compatibility or non-compatibility of Your mobile device with the Service and/or the content.

10. SECURITY POLICY

10.1 We will not sell Your personal information to third parties. We may however pass on Your details to relevant authorities or regulators if We wish to investigate, inter alia, any suspected or alleged illegal activity, fraud, harassment, or abuse of the Service in any manner, or to assist in the investigation of any suspected or illegal activity, fraud or abuse of the Service, or if We are required by law to do so.

10.2 Any further use of Your personal information by Us shall be governed in accordance with the terms of Our applicable Privacy Policy, as amended by Us from time to time, a copy of which may be requested by emailing info@smartcalltech.co.za.

10.3 To the fullest extent permissible in law, You expressly agree to Us processing Your personal information for purposes of allowing Us to provide You with the Service, and/or any such other legitimate purposes, including the marketing of Our other Services and/or promotional competitions, and/or those of our associated business partners from time to time.

11. REWARDS AND PROMOTIONAL COMPETITIONS

11.1 We may offer from time-to-time content which is free to access, but which may nevertheless require full registration.

11.2 The rules of access to free content will be displayed on the website and/or such other places as We may deem appropriate from time to time.

11.3 We may offer spot prizes, which if applicable, will be awarded in the Company’s discretion. Prize winners will be notified via SMS on the mobile device used to register for the Service.

11.4 Prizes are not transferable, and where such prizes are not in the form of a cash prize, same may not be exchanged for cash.

11.5 We may run promotional competitions from time to time in order to promote the Service, which promotional competitions shall be conducted in accordance with any applicable promotional competition rules, which rules shall be read in conjunction with this Agreement.

11.6 In the event of any conflict between the terms of this Agreement and any applicable promotional competition rules, the applicable promotional competition rules shall take precedence to the minimum extent required.

12. COMPLAINTS AND DISPUTES

12.1 Should You wish to make a complaint to Us in respect of the Service or any other matter, please contact Us by emailing info@smartcalltech.co.za. We will endeavour to assist You as soon as reasonably possible.

12.2 The Company is a member of WASPA and is bound by the WASPA Code of Conduct. You have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. The Company may be required to share information relating to the Service or a customer with WASPA for the purpose of resolving a complaint. WASPA website: www.waspa.org.za

13. OUR LIABILITY

13.1 The following provisions set out the entire financial liability of the Company (including any liability for acts or omissions of its parent company, subsidiaries, associated companies, employees, agents and sub-contractors) to You in respect of, inter alia,

13.1.1 any breach of this Agreement, and

13.1.2 any representation, statement and/or delictual act or omission including negligence arising under, or in connection with, the Service.

13.2 Nothing in these terms and conditions excludes or limits our liability:

13.2.1 for death or personal injury caused by the Company’s gross negligence; or

13.2.2 for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability for; or

13.2.3 for fraud or fraudulent misrepresentation.

13.3 We are not liable for any loss or damage that You may suffer, howsoever arising and regardless of whether We have been notified thereof, attributable to any circumstances outside of Our direct (“Force Majeure”), including, inter alia, any act of God, pandemic, power cut, trade or labour dispute, failure or any omission of any government or authority; obstruction or failure of telecommunication Services or any other delay or failure caused by a third party or which is outside of Our direct control. In such an event, We reserve the right to terminate and/or suspend the Services in whole or part without incurring any liability.

13.4 All representations, warranties and terms (whether express or implied) not set out in this Agreement are, to the fullest extent permitted by law, excluded and We shall, to the fullest extent permitted by law, have no liability to You in respect thereof. You agree to indemnify Us and hold Us harmless in respect of any liability, damages, costs or claims (save to the extent the same arise out of or in connection with the Company’s breach of this Agreement and/or its gross negligence) which You and/or any other 3^rd party, may suffer arising out of or in connection with Your use of the Service, or otherwise arising out of or in connection with Our Services. Your statutory rights as a consumer (if any) are not affected by this Agreement.

13.5 Subject to Clause 13.2;

13.5.1 Our liability to You arising in connection with the performance or contemplated performance of the Service, shall be limited to the aggregate of the sum paid for the Service in question for the preceding 12 (twelve) months;

13.5.2 We shall not be liable to You for any indirect or consequential loss or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Service;

13.5.3 We shall not be held liable or responsible for any consequences that occur through Your use of the Service where the circumstances that caused such consequences were beyond Our reasonable control, including any loss or damage that has arisen through the Service, and/or its content, and/or any applicable websites, including delays or interruptions in operation or transmission, loss or corruption of data, any person’s misuse of the Service or any error or omission in content.

13.6 We accept no responsibility, and shall not be liable to You, for the content of, or use by You of any information or Services offered by third parties’ advertising (including advertising by any referral companies) or otherwise posting information via any websites (whether directly or via links to or from other sites or resources or through framing or other electronic mechanisms), nor can We be said to endorse the contents of such advertisements or information. In particular, We shall have no liability in respect of material hyperlinked to its web pages which may be misleading, inaccurate, defamatory, threatening or obscene, or otherwise not in accordance with applicable laws or regulations. The provision by Us on any website of a link to another website does not constitute any authorization to access materials, nor any accreditation of any such materials held at that location.

13.7 We make no representation or warranty about the information or any other items able to be accessed either directly or indirectly via any website and/or the Service and We reserve the right to make changes and corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the visitor to the applicable website.

13.8 We are not liable for any failure to perform by a third party to this Agreement.

14. INTELLECTUAL PROPERTY

14.1 The copyright, database rights and other intellectual property rights (“IPR”) in material displayed on or via the Service (collectively the 'Materials', which expression includes, inter alia, text, data, graphics, photographs, videos, animation, images and audio-visual content, are owned by, or licensed to, Us or are the ownership of third party websites). The IPR are protected by the laws of South Africa, international treaties and all other applicable copyright and intellectual property rights laws. You are not authorized to copy or distribute any Materials and/or IPR and legal action could be taken against You or any such person who makes unauthorized copies or distribution of Materials and/or IPR.

14.2 Any downloading, use and/or copying of the Materials is strictly prohibited and, in particular, You agree to use the Materials solely for Your own personal, non-commercial use and specifically not for any business, commercial or public purposes or for any purposes which may be otherwise unlawful and/or not in the spirit of this Agreement, as may be determined by the Company in its sole and unfettered discretion from time to time.

14.3 The following activities are prohibited without Our express prior written permission:

14.3.1 the deployment within any of Our websites, of any spider, robot, web crawler or other automated query program; and

14.3.2 the re-use and/or aggregation of any of the Materials in the provision of a commercial Service.

14.4 Our names and associated logos are Our exclusive trademarks and cannot be used by You without Our prior written permission.

15. SUBMISSION OF INFORMATION

15.1 Save for personal information (which shall be dealt with in accordance with our applicable Privacy Policy), all information (including but not limited to ideas, suggestions, concepts and graphics) submitted to Us by You and/or other users of the Service, will become Our exclusive royalty-free property and We shall not be subject to any obligation of confidentiality, and be free to use such information for any purpose without any restriction and/or consideration whatsoever.

16. GENERAL

16.1 This Agreement, read in conjunction with any applicable Service rules, constitutes to the fullest extent permitted by law the whole of the Agreement between You and Us with regard to the use of the Service, including inter alia, any content and/or applicable websites.

16.2 If any part of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable, then any such part will be severed from the remainder of this Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.

16.3 No failure or delay by Us, to exercise any of Our rights under this Agreement or in law, shall operate as a waiver thereof, and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right by Us.

16.4 This Agreement shall be governed by and construed exclusively in accordance with the laws of the Republic of South Africa. You irrevocably agree that the courts of the Republic of South Africa shall have jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to the Service, and that the laws of the Republic of South Africa shall govern any such dispute or claim. However, We retain the right to bring legal proceedings in any jurisdiction where We believe that infringement of our intellectual property rights or breach of this Agreement is taking place or originating. You are responsible for compliance with any applicable laws and regulations of the jurisdiction from which You are accessing or using the Service, whether in whole or part.

16.5 Customer Service If You have any questions concerning this Agreement please contact: Customer Services - Email: info@smartcalltech.co.za.

16.6 We reserve the right to modify this Agreement at any time.

16.7 By continuing to use the Service after changes are made, You accept the revised terms.

Company Details

Name: Smartcall Technology Solutions (Pty) Ltd

Company Registration Number: 2000/006777/07

Registered Address: 15 Eastwood Road Dunkeld West

Telephone Number: 011 507 4630

Email Address: info@smartcalltech.co.za