mowaly : get it. load it. spend it.

1. Introduction

1.1	These Terms become effective when you register for mowalÿ and are a binding agreement between you and us.
1.2	You must know, understand and comply with these Terms.
*1.3*	*Important clauses which may limit our responsibility or involve some risk for will be in bold and italics or highlighted. You must pay special attention to these clauses.*
1.4	The Merchants from whom you have bought products or received services through mowalÿ may have separate terms and conditions that apply to services you receive or the products you buy (Merchant's terms and conditions). If these Terms differ from the Merchant's terms and conditions, then these Terms will apply.

2. Definitions

2.1

We have defined some words for consistency. These words will begin with a capital letter, where included. Singular words include the plural and the other way round.

"Bank" means The Standard Bank of South Africa Limited (Registration Number 1962/000738/06) and its successors and assigns.
"mowalÿ" means a downloadable cell phone application which allows you to manage the way you use mimoney to buy either goods or services or both, from participating Merchants, and to interact with other customers using mimoney.
"Primedia, we, us" means Primedia (Proprietary) Limited (Registration Number 2005/044403/07) and its successors and assigns.
"SMS" means a short message service which enables the exchange of text messages between cellular phones.

3. Using mowalÿ

3.1	Any messages that are sent to your cell phone number will be treated as having arrived within one day of being sent.
3.2	We may send information to you by SMS to the cell phone number that you gave us when you activated mowalÿ.

4. Limitations on information accuracy

4.1	We do not have complete control over the content or the information contained on mowalÿ and cannot ensure that it is correct or appropriate. *You will not have any direct or indirect claim against us or the Bank if you rely on this information.*
4.2	Mowalÿ may have links to websites with information and content made by other parties. We are not responsible or liable for the information given on other websites. *A link from mowalÿ to any website does not mean that we:*
- have inspected the website; - have approved of the owners or administrators of the website; and - warrant their business or security practices and operations.

5. Limitations

5.1	We will make every effort to ensure that mowalÿ is continually available to you. The availability of mowalÿ is however dependant on factors beyond our control, such as your network's availability and performance, your handset's performance and compatibility with mowalÿ and sufficient airtime being available to you. If a factor beyond our control arises, mowalÿ may not be available.
*5.2*	*You use mowalÿ at your own risk. You are responsible for damages or loss if you use mowalÿ and rely on the material and information given on it.*
5.3	Mowalÿ is linked to the cell phone number to which it has been sent.
5.4	All information that you give in your mowalÿ application must be correct and true. If any information is not correct or true, we may cancel this agreement on notice to you.
*5.5*	*You may not claim money from us if your cell phone number does not work for any reason, or if your cell phone is lost or stolen.*
*5.6*	*We assume no liability whatsoever for any direct or indirect loss, damage of whatsoever nature arising from your use of mowalÿ, no matter how it arises.*
*5.7*	You indemnify us and hold us harmless against any loss or damage which you or any other person may sustain as a result of any claim, costs, expense, loss or damages that you or any other person may incur or suffer as a result of the use of mowalÿ.
*5.8*	If we suspend access to mowalÿ, we will not be liable to you for any direct, indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible, whether arising in contract, delict or statute.

6. Reporting problems

6.1	Call 0861mowaly (669259) immediately to have your mowalÿ blocked if:
- your cell phone number does not work for any reason; - you lose your cell phone or - your cell phone is stolen.

7. Complaints

7.1	If you want to put in a complaint or dispute then contact us using one of the following:
- Telephone: 0861mowaly (669259) - Email: info@mowaly.co.za - Website: www.mowaly.co.za

8. Communicating a legal notice

8.1	You must send any legal notice to us at the following address: Primedia, 5 Gwen Lane, Sandown, Sandton, 2196.
8.2	We may send any legal notice or other communications to you at the physical address given on your application form. You must notify us immediately if this changes.
8.3	You agree that this Agreement will be seen as having been made in Johannesburg and any breach of this Agreement will be seen as having taken place in Johannesburg.

9. General

9.1	We may change these Terms at any time and will notify you in writing of any amendments. A change will not cancel these Terms.
9.2	You may not vary these Terms.
9.3	South African law governs these Terms.
9.4	You agree that you may be sued in terms of these Terms in the Magistrates' Court, even if the claim against you exceeds that court's jurisdiction.
9.5	Any leniency or concession given to you will not affect any of our rights against you.
9.6	We may restrict activity on mowalÿ or suspend your access to mowalÿ if we know or suspect in any way that your use is fraudulent, negligent or for illegal activities or if we must do so to comply with the law, without notice to you.
9.7	We may amend or enhance mowalÿ by adding or removing functionality and services or by changing the design or look and feel of mowalÿ without any notice to you.
9.8	The invalidity, illegality or unenforceability of any of the clauses of these Terms or any Product Specific Terms shall not affect the validity, legality and enforceability of the remaining clauses of these Terms.