• third party users of the Site, which may advertise, publish or otherwise submit content onto the Site; and
• users, who may browse the contents of the Site and the third party content displayed thereon, or either party, as the context may indicate.
• any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law;
• any content that contains software viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
• any content that constitutes a political statement, commercial solicitation, or “Spam”.
• Although mobsto does not purport to review (nor is it under any obligation to do so) any submitted content, it reserves the right to remove any content from the Site that it deems, in its sole discretion, to be an infringement of any of the provisions of these terms and conditions or harmful in any way whatsoever.
• you own or otherwise control all rights to the content that you may submit to the Site;
• any use of such content will not cause injury or harm to any person or entity; and
• you indemnify mobsto, its directors, officers and employees, for all claims resulting from any submitted content.
The following activities on or through the Site are expressly prohibited –
• any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Site or the content contained therein, or to data-mine the same without the prior written authority of mobsto;
• the collection or use of any listings, descriptions, or price lists from the Site, for the benefit of a competing merchant that supplies products comparable to those offered on the Site or for any other non-personal purpose that is not expressly authorised;
• any use or action that imposes an unreasonable or disproportionately large load of traffic on the Site, or otherwise interferes with its proper and timely functioning;
• and incorporating any e-mail addresses, names, telephone numbers, and fax numbers published on the Site in any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Site may be used to communicate unsolicited communications to mobsto and all rights detailed in Section 45 of the Electronic Communications and Transactions Act No. 25 of 2002 (as amended) (“ECT Act”) are reserved.
You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Site, and you accept full responsibility for all activities that occur under your User Name.
From time to time mobsto will run competitions, free prize draws, and promotions on the Site. These competitions, free prize draws, and promotions are subject to applicable laws, mobsto’s General Terms and Conditions for Promotional Competitions, and any other rules which may be published in relation thereto.
3. THE USE OF THIRD PARTY CONTENT
mobsto hosts information, opinions, advertising and other content supplied by third parties (“Third Party Content”) on the Site. mobsto has no editorial or other control, over such content.
Opinions, statements, offers or any other information that may constitute Third Party Content, belong to the respective third party and not to mobsto. mobsto does not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as received by mobsto by the applicable third party. Any Third Party Content should not be construed as an express or implied endorsement by mobsto unless otherwise expressly stated. You use Third Party Content at your own risk.
It is your responsibility to evaluate Third Party Content available on and through the Site. mobsto is not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Site. Before making any decision or placing any reliance on Third Party Content provided on or through the Site, you should take all reasonable steps to ensure and verify the accuracy of such content.
In addition to the aforementioned, mobsto is not a supplier of any products which may be advertised through Third Party Content on the Site. Accordingly, mobsto is not liable for any products, purchased by you due to your reliance on the Third Party Content, which are not ‘safe, good quality goods’ in terms of section 56 of the Consumer Protection Act, No. 68 of 2008. mobsto does, however, provide the contact details of all third party suppliers on the Site. You may contact the third party suppliers by using such contact details in such an event.
mobsto does not review (nor is it under any obligation to do so) or control any third-party website that links to or from the Site. mobsto is not responsible for the content of any third-party website linked to or from the Site. The third party websites are provided solely for your convenience. Any information, endorsements of products or services, materials or personal opinions appearing on a third party website should not be construed as an express or implied endorsement by mobsto unless otherwise expressly stated. You use third party websites at your own risk.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright, please contact mobsto.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, billing and delivery address, contact phone number and valid email address.
mobsto will not be responsible for any incorrect pricing due to typographical errors. That said, however, mobsto undertakes to rectify any incorrect pricing listed on the Site as soon as it becomes aware of such errors.
5. CHARGES / Premium members:
a) SOUTH AFRICA
If you have subscribed you accept the terms and conditions. Mobsto Subscription service which costs only R3 per day. Network operator's charges may apply. Free SMS's do not apply. Competition winners will be selected monthly on the 1st of each month. Subscribers also confirm that they are opting in to receive SMS alerts /marketing in the future in connection with any of our offers, services, or those of its associated companies. Subscribers have the right to unsubscribe at any time. Standard SMS rates apply. To unsubscribe SMS stop to 44477. Mobsto is a content service, you need to be over the age of 18 to use the service. Once you are registered you will be able to access the service via your handset / compatible cellular phones. Prices include VAT. Errors are billed.
If you have subscribed. This is a subscription service. By clicking on ‘Subscribe’ you are agreeing to enter a subscription service that will charge $8.99 per week. You will receive access to Chathubb. 18+ only. Once you are registered you will be able to access the paid service through compatible cellular phones only. Subscribers also confirm that they are opting in to receive free SMS alerts and marketing in the future, in connection with any of our offers, services, or those of its associated companies. Subscribers have the right to unsubscribe at any time. Standard data charges may apply. Max file size is dependant on usage. This leading mobile product is continually updated.
If you have subscribed you accept the below terms and conditions. This is a premium rate subscription service. You will receive 2 messages every2day at Kshs.30 p/sms. For help please call 0719786143(Safaricom) and 0736431448(Airtel) or mail email@example.com
. To UNSUB dial *100# or *200#. Network operator's charges may apply. Free SMS's do not apply. This is a subscription service; you pay 2x 30KSH 3x per/week. Subscribers have the right to unsubscribe at any time. Standard SMS rates apply. Mobiime.mobi offers downloadable mobile entertainment content, such as app reviews, app access, wallpapers & ringtones through its content wap site. Once you are registered you will be able to download content through the service to compatible cellular phones. Prices may include VAT. Errors are billed.
6. VOUCHERS AND COUPONS
You may use promotional coupons as payment for fixed priced products on the Site.
We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.
If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift/promotional coupon purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
We assume no liability for the loss, theft or illegibility of gift or promotional coupons.
Conditions for the redemption of promotional coupons are as follows-
• from time to time we may release, at our discretion, promotional coupons that may be used on the Site, which we will send to you by email. Promotional coupons can only be redeemed on the Site;
• promotional coupons are valid for the specified period stated on them only, can only be redeemed against fixed priced products and cannot be used in conjunction with other promotional coupons, and;
• individual brands may be excluded from coupon promotions.
You agree, upon requesting any Advertising space, that in the event of failure to publish an advertisement, or publication of an incorrect advertisement, the liability of mobsto shall be limited to the amount paid by the advertiser for the advertisement that did not appear, or for that portion of the advertising space occupied by the incorrect item only (as the case may be), and that there shall be no liability in any event beyond the amount paid for such advertisement.
mobsto shall not be liable for errors that do not lessen the value of an advertisement.
mobsto cannot be responsible for errors after the artwork has been received from the advertiser. Notice of errors should immediately be called to the attention of mobsto.
8. INTELLECTUAL PROPERTY RIGHTS
All content included on the Site by mobsto, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, is the property of mobsto or its content suppliers and is protected by South African and international copyright laws. All other trademarks, trade names or company names referenced herein are used for identification purposes only and are the property of their respective owners. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of mobsto and is protected by South African and international copyright laws.
None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of mobsto or the copyright owner, except as permitted by the fair use exception or other similar provisions under the South African copyright laws or without the prior written permission of mobsto or the copyright owner. © Copyright reserved in all content.
You are expressly prohibited to “mirror” any content, contained on the Site, on any other server unless with the prior written permission of mobsto.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site, so long as the link does not portray mobsto, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any mobsto logo or other proprietary graphic or trademark as part of the link without the express permission of mobsto or its content suppliers.
All trademarks are the exclusive property of mobsto.
The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary content is illegal and could subject you to criminal prosecution as well as personal liability for damages.
9. LIMITATION OF LIABILITY
The information, content, services, products and materials published on the Site, including without limitation, any texts, graphics and links are provided on an “as is” basis. mobsto makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Site. Without limiting the generality of the foregoing –
• mobsto does not warrant that the Site, will be error-free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality or that it will be continuously available or that you will have uninterrupted access to the Site; and
• whilst mobsto has taken reasonable measures to ensure the integrity of the Site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Site are free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.
To the full extent permissible by applicable law, mobsto disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. mobsto will not be liable for any damages of any kind arising from the use of the Site or your reliance on any information on the Site, or the products and services offered through the Site from third parties or a linked site, or user’s reliance on any product or service obtained from a third party or a linked site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Use of this site is at the user’s sole risk.
No advice or information, whether oral or written, obtained by you from mobsto or its services shall create any warranty
If you make unlawful use of this Site and as a result of this a third party uses or has a claim against us, you will indemnify and hold us harmless against that claim. This means that you will become a party to that claim and will have to pay it if the claim is successful. Unlawful use includes without limitation, any act in breach of the terms and conditions.
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng High Court, Johannesburg) in respect of any disputes arising in connection with the Site.
mobsto may terminate your account at any time for any reason, including any improper use of the Site or your failure to comply with these terms and conditions.
Such termination shall not affect any right to relief to which mobsto may be entitled.
Upon termination of these terms and conditions, all rights granted to you will terminate and revert to mobsto.
12. OTHER PROVISIONS AND APPLICATION OF THE ECT ACT
In the event that any of the terms of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms of these terms and conditions, which will continue to be valid and enforceable.
These terms and conditions, including any documents referenced herein, represent the entire agreement between you and mobsto regarding your relationship with mobsto and the use of the Site and supersedes any prior statements or representations.
When you visit the site or send mobsto e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
mobsto may at any time modify these terms and conditions and your continued use of the Site will be conditional upon the terms and conditions in force at the time of your use. Changes shall automatically be effective upon posting on the site. Your continued use of the service provided by the Site shall signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest terms and conditions will be posted on the Site, and you should always review them prior to using the site.
Data Messages (as defined in the ECT Act) will be deemed to have been received by mobsto if and when mobsto responds to the Data Messages.
Data Messages sent by mobsto to you will be deemed to have been received by you in terms of the provisions specified in section 23(b) of the ECT Act.
You acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and mobsto.
You warrant that Data Messages sent to mobsto by you from any electronic device, used by you from time to time, or owned by you, were sent by you and/or were personally authorised.
Subject to the Regulation of Interception of Communications Act No 70 of 2002 (“RICA”), you agree that we may intercept, block, read, delete, disclose and use all communications between you and us, our employees, directors and/or agents. You agree that this consent satisfies the requirements of ECT Act and RICA for consent in “writing”. You also understand that communications by means of email and the Internet are inherently unsecured, unless encrypted, and can be intercepted. We cannot be responsible if a third party intercepts communications to or from us and this causes damage to you. Please use caution when communicating in this way.
To the extent that we are required under s43 of the ECT Act to provide you with additional details for the purposes of undertaking electronic transactions on the Site, this information will be separately provided in the relevant sections of the Site.
The terms and conditions constitute the complete and exclusive statement of the agreement between you and mobsto. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the terms and conditions. If there is any conflict between an oral or written representation of any mobsto’s employee or agent and the terms and conditions (other than modifications to the terms and conditions executed in writing by mobsto), the terms and conditions will prevail. These terms and conditions, related agreements and disclaimers will prevail over FAQs and other rules and policies on the Site.
mobsto’s failure to exercise or enforce any of the terms and conditions shall not constitute a waiver of mobsto’s right to exercise or enforce the terms and conditions as to the same or another instance. Headings in these terms and conditions and related agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the terms and conditions. mobsto shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by mobsto.
14. CONSENT IN COMPLIANCE WITH POPI: