Interactive Mobile Innovations Terms and Conditions

Definitions

 The words and phrases listed below shall bear the following  meaning in these terms and conditions unless explicitly indicated otherwise.

  • imobi shall mean Interactive Mobile Innovation (Pty) Ltd, Registration number xxxx/xxxx/xxxx or any of it's subsidiaries or related entities.
  • "imobi website" or website shall mean all imobi owned websites including those located at http://www.imobi.co.za; http://www.idon8.co.za; http://www.idon8.net and shall include any page or part thereof.
  • "end user" shall mean any person, natural or juristic entities who receives or is intended to receive any messages sent by a user using imobi's services.
  • User shall mean both natural and juristic entities who make use of imobi's services or website for any reason whatsoever.
  • "Network Operator" shall mean any party license to install and operate mobile data networks in the territory and shall include, MTN, Vodacom and Cell-C.
  • Services shall mean and include all services offered by imobi to the user.
  • SMS shall mean short message service  provided by means of a text or data message.
  • Territory means the Republic of South Africa.
  • "WASPA" shall mean the Wireless Application Service Provider's Association of South Africa.
  • Any reference to singular includes plural or viceversa.
  • any reference to person includes natural or juristic entities.
  • Any reference to gender includes the other gender.

Application

Any persons using the imobi website or services for any reason whatsoever subject themselves to these terms and conditions.

 Users accessing these Terms and Conditions by any manner shall be bound accordingly to the terms and conditions and in accordance with the provisions of section 11 of the Electronic Communications and Transactions Act 25 of 2002. Registration and use of imobi's services or website shall automatically bind a user to these terms and conditions. If a user for any reason does not agree or is unable to comply with these terms and conditions they should terminate this registration and/or services immediately. The entity filled under "Company" in the registration process shall be the entity bound by these terms and conditions.

Hyperlinks contained in this Terms and Conditions  or the online publication of these terms and conditions shall be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act

If a user is deemed to have ordered  a service, imobi's acceptance is expressly provisioned upon assessment and compliance to all Terms and Conditions.

Agreement

These Terms and conditions or the information or data contained on the imobi website is an offer, it is merely and invitation to do transact on such terms and conditions. No agreements shall be concluded merely by submitting data to the imobi website or its owners.

imobi reserves the right to refusal of any application or request to do business without giving any reasons therefor. imobi also reserves the right to cancel oreders in whole or in part at imobi;s sole discretion without any prior notice. In such an event imobi shall only be liable to refund monies already paid to imobi for services not yet rendered.

Changes

imobi reserves the right to change or amend the criteria set out in these terms and conditions or any information on the website without prior notice.

imobi reserves the right to amend prices prices and rates quoted on its website without any prior notice.

The user undertakes to visit the imobi website regularly to familiarise himself of any changes.

Services

The Delivery of sms is dependent on but not limited to the following factors:

  1. Proper functioning of the network operators 
  2. Cellular coverage in the end-user location
  3. State of the end-user handset

imobi cannot guarantee the availability of the service or the ability to deliver sms messages. imobi shall make every effort to ensure the efficient and proper operation of services.

imobi shall endeavor to make advance notice to any changes or interruptions of it's service that may occur and shall make reasonable effort to ensure that these interruptions are at a minimum.

Network operators may change components of their service without prior notice and imobi reserves the right to make changes on it's services accordingly withou prior notice. These changes include but is not limited to:

  1. Enhancements
  2. Developments
  3. Discontinuance
  4. Modifications
  5. Additions

Messages shall be deemed to be delivered when imobi has sent the message to the immediate destination it is required to deliver said message to, this includes but is not limited to Mobile Telephone Networks and SMTP servers.

Acknowledgment

Users acknowledge that imobi is a proxy for the provisioning and delivery of content. USers acknowledge that imobi shall not be held responsible for or liable for any content transmitted via imobi's services for any content transmitted and that full responsibility falls on the user. Users agree to adhere to all legislation and regulations applicable in their jurisdiction and in the jurisdiction of whom they cause messages on content to be delivered. It is the sole responsibility of the user to educate himself of all applicable laws, regulations or codes of conduct to which they are subject to and ensure compliance therewith.

Users acknowledge that all content and information generated bu the user for delivery by means of imobi's services  comply with any relevant code of conduct for the wireless inductry, including but not limited to the WASPA code of conduct located at http://www.waspa.org.za/code/codeconduct.shtml

imobi reserves the right to terminate any service offered to the user and the user shall have no further claim against imobi whatsoever. Users hereby indemnify imobi against any fine, or penalty imposed against imobi or any damages suffered by imobi. Users agree to immediately pay imobi within 24 hours of notice of such fine or damages to the amount of such fine or damages resulting from the users unlawful or abuse of the imobi services. any amount not paid within 24 hours shall immediately incur interest at the maximum rate allowed by law.

Users may not use imobi's services to bring imobi into disrepute.

In the event of a user not abiding by any terms and conditions set out in these terms and condition imobi reserves the right to terminate the service without notice and the user shall have no further claims against imobi, this includes refunds, and credits and without prejudice to any other rights the user may have in law or these terms and conditions.

Registration

The user must provide imobi with accurate and up to date information as requested by imobi when registering for the service. Failure to do so may result in termination of all services to the user.

Security

Users undertake to ensure that they maintain the privacy of their assigned user names and passwords issued to them by imobi and not to divulge such user names and passwords to any other person or entity. In the event of any unauthorized use of the user account, the user agrees to notify imobi immediately of such breach of security.

Privacy

imobi will not:

  1. monitor
  2. Edit
  3. Disclose

any personal information of a users:

  1. imobi account
  2. contacts database
  3. messages sent and received
  4. MSISDN's

without the users permisiion unless imobi has a bona fide belief that this action is required to conform to:

  1. Legal Requirement
  2. protect and defend its rights 
  3. protect or defend its property
  4. protect defend its legally protectable interest
  5. Protect or defend its users
  6. enforce any of the terms and conditions set out in these terms and conditions
  7. protect imobi's reputation

imobi reserves the right to disclose the the end-user the identity of the sender of a message he or she has received via imobi's services.

Users agree that they shall not violate any privacy laws, regulations or codes of conduct  relating the the protection of personal information, this includes but is not limited to all details of a personal nature and shall not disclose such information to any third party  without the written consent to the end-user or where it is required by law to do so.

Warranties and Obligations

Users warrant that:

  1. Recipients of any commercial message has a prior commercial relationship with the user and would reasonably accept marketing information from the user 
  2. They shall comply with al applicable laws, regulations network operator requirements, codes of conduct including but not limited to the WASPA Code of Conduct located at http://www.waspa.org.za/code/codeconduct.shtml which may be applicable in their jurisdiction  and the jurisdiction of all intended recipients of message.
  3. they shall include their owen personal details and identifying in their messages to ensure that complaints are directed to the correct place.
  4. they shall not engage in any fraudulent act in connection with any of imobi's services.
  5. the shall not send abusive, harassing, threatening or obscene messages to the end-user including natural and juristic entities.
  6. Any service offered on the imobi platform shall be on an opt-in basis and theend-user shall have a convenient and easy way to opt-out of the service.

Breach

In the event the user breaches any of the terms and conditions set out in these terms and conditions imobi reserves the right to:

  1. cancel the agreement with the user 
  2. suspend or terminate the service to the user
  3. sue or claim damages form the user

Limitation of Liability

The user hereby indemnifies imobi  against any and all damages, liabilities, fines and risks taht may occur as a result in the transgression of any of these terms and conditions.

imobi makes no warranty that the the content and technology available from the website are free from errors or ommkisions or that the service will be 100% uninterrupted or error free.

imobi website is supplied on an as is basis.

imobi shall not be held liable for any damage, loss or liability whatsoever arising from the users inability to use imobi's website or any other services.

ECT Act and Disclosure of Information

Access to the service, software and downloads from the imobi website constitutes as an electronic transaction, according to the ECT Act in chapter 7 the user has the right to the following information.

  • Full name of the website owner: Interactive Mobile Innovation (Pty) Ltd
  • Legal status of website owner:  Registration Number xxxx/xxxx/xxxx

These terms and conditions apply to all website operated by imobi and includes but not limited to http://www.idon8.co.za; http://www.idon8.net; http://sms.imobi.co.za; https://sms.imobi.co.za

  • Company Directors: B. Jahed, S. Franciscus, E. Mohamed, A. Khan, F. Meyer
  • Physical Address: 1st Floor, 15 Stanhope Road, Claremont, 7708, Cape Town, South Africa
  • Manin Business Activity: Mobile systems integration, SMS messaging services
  • Costs: VAT otherwise stated is included in all prices quoted on the imobi website and is payable by all South African citizens. 
  • Payment: Payment is accepted via Electronic Funds Transfer, Credit Card, Direct Deposit. Under no circumstances will cash or cashiers cheques be accepted.
  • Records of transactions: Tehs are obtainable from imobi on request.

Copy Rights

All content, trademarks, grapahics, software, databases, text and designs are the sole property of imobi and is such protected by copyright by domestic and international legislation.

Links

Websites linked to the imobi website are not under the control of imobi, imobi shall not be held responsible under any circumstances whatsoever arising from the content, use or inability to use the linked websites.

Interception of Communication

The user agrees that in accordance with the Regulation of Interception of Communications (RIC) Act 70 of 2002, that imobi has the right to intercept, block, filter, read, delete, disclose and use all communications (including all data messages as defined in the ECT act) sent or posted to the imobi website by the users, user's staff or employees.

The user agrees that the consent provided by the above mentioned satisfies in writing requirement as detailed in the ECT act and RIC act.

Law

These terms and conditions hall be governed by and interpreted in accordance with the laws of The Republic of South Africa.

Contact Information

Address:

15 Stanhope Road, Claremont, 7708, Cape Town, South Africa

Telephone: +2721 671 6364

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