ozow t&c

Terms & Conditions

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FAQ’s

Personal Information

Is Ozow a registered PTY LTD company?
Is Ozow a South African Company?
Collection of Data & Data Usage
Collection of Data & Data Usage
Does Ozow share my information with thrid party’s?
If I delete Ozow, will all my data also be deleted?
Do we use cookies?
Privacy
Can we change our Privacy Policy ?
Communications
Can I opt out of communication emails?
Does Ozow comply with the POPI Act?
Yes
Yes, we are proudly South African
No
Yes, but only as permitted in the privacy policy
We only keep data only as long as legally permitted
Yes
Yes. We update our policy from time to time
Yes, all our communications have opt out options
Yes, Ozow has measures in place to comply with POP

Privacy Policy

Privacy Policy, Zero-Rated T’s and C’s and Ozow ME: Consumer T’s and C’s

1. WHO ARE WE?

Ozow, registered as Ozow (Pty) Ltd (Company Registration Number: 2013/214663/07) (“Ozow”) provides an instant Electronic Funds Transfer (“EFT”) payment system (the “Payment System”) to consumers and businesses to perform simple, fast and secure transactions. The Payment System enables easy payment integration with existing merchant solutions, while providing the flexibility of performing secure digital payments in the continuously evolving mobile environment.

Ozow is registered as a Systems Operator and a Third Party Payment Provider with the Payment Association of South Africa.

While the official website operated by Ozow is https://ozow.com/ (the “Website”), the Payment System is integrated on the various sites operated by our merchants (the “Merchant Websites”) and the various products which Ozow may make available to its merchants in which the Payment System is utilised, or directly to consumers (such as through OZOW ME).

This Privacy Policy complies with and facilitates the obligations required from the South African Protection of Personal Information Act No. 4 of 2013 (“POPIA”), as amended, and applies to users and customers of Ozow (“you”), that is anyone that is using the Ozow Payment System.

2. WHY DO WE HAVE A PRIVACY POLICY?

We care about your privacy. As a responsible payment solutions service, secure processing of your personally identifiable information (“Personal Information” or “PI”) and “special personal information” (as defined in POPIA) is of utmost importance to us. As such, we ensure that we collect, use, store and transfer (“process”) your Personal Information and special personal information (as the case may be) in keeping with laws and regulations that are aimed at protecting the integrity of your Personal Information and special personal information (as the case may be).

Our Privacy Policy will assist you in understanding the manner in which your Personal Information and special personal information (as the case may be) is processed by us. Therefore, it is necessary to read it carefully before you use our Payment System. It is important that you read this Privacy Policy together with Ozow’s Promotion of Access to Information Act No. 2 of 2000 (“PAIA”) manual so that you are fully aware of how and why we are using your Personal Information and special personal information (as the case may be).

You should not be using our Payment System if:

you do not agree with any of the terms of our Privacy Policy, oryou are younger than 18 years old and do not have legal capacity to conclude legally binding contracts. We do not have any intention of collecting or processing Personal Information or special personal information (as the case may be) for individuals that do not have the legal capacity to conclude legally binding contracts.By communicating electronically with us through the use of our Payment System and proceeding with your payment, you confirm that you have read this Privacy Policy and the PAIA manual and that you consent to Ozow:

making transfers of or sharing your Personal Information and special personal information (as the case may be) on Ozow corporate systems or its other relevant systems, to other entities, agents, Ozow affiliates, subcontractors, or to other relevant business service providers (“partners”), which may in turn store your Personal Information and special personal information (as the case may be) outside of the jurisdiction of South Africa and in accordance with the relevant regulatory standards of such jurisdiction in keeping with POPIA or the General Data Protection Regulations (“GDPR”). When making such transfers, Ozow will ensure that the necessary protections are in place to safeguard your Personal Information and special personal information (as the case may be) transferred in accordance with applicable laws;

processing your Personal Information and special personal information (as the case may be), and in doing so you acknowledge that you understand and accept the purposes for which it is required and for which it will be used as detailed below; andprocessing your Personal Information and special personal information (as the case may be) in the manner as set out in this Privacy Policy and the PAIA manual.

3. WHAT  TYPE OF INFORMATION DO WE COLLECT AND WHY?

Currently, we collect the following information:

As a merchant or customer:

Your “Personal Information” as defined in POPIA and the General Data Protection Regulation, as amended from time to time, which includes but is not limited to: your name, surname, identity number, residential address, company name, company registration number, registered address, VAT number, bank account information, telephone number, email address and password.

Any additional Personal Information you wish to provide on a voluntary basis.

As a current employee, prospective employee or any person or entity who applies to Ozow for a bursary, grant, sponsorship or any other financial (or contribution in kind) assistance:

Your Personal Information and “special personal information” as defined in POPIA, as amended from time to time, which information includes but is not limited to: your name, surname, identity number, residential address, company name, company registration number, registered address, VAT number, bank account information, telephone number, email address and password, race, gender, disability status.

Any additional Personal Information or special personal information you wish to provide on a voluntary basis.

As a customer:

Payment information, including but not limited to the name of the bank, bank account number, bank account log-in information, the cost of the good or service you are purchasing, and the seller of the goods or services you are purchasing.

Device information such as the IP address and browser settings. In gaining device information we may use web traffic tools that permit us to analyse user activity.

Information about how you interact with our Payment System. This includes us collecting any  payment documentation issued by the bank that you used to administer the payment, indicating in such terms as the relevant bank necessitates,

that payment has been successfully completed by you through the use of Ozow’s EFT payment solution and through your selected bank account.

Reason for Processing Your
Information
To provide you with the full scope of our Payment System and appropriately automate your payment.
For internal troubleshooting, data analysis, testing, research, and statistical purposes.
To ensure that content is presented in the most effective manner for you and for your device.
To carry out risk analysis, fraud prevention and risk management.
To carry out risk analysis, fraud prevention and
risk management.
To comply with applicable laws, such as anti-money laundering and regulatory requirements.
To run data analytics and thereby enhance our business offering.
To conduct human resources enquiries and implement related processes.
Legal Basis for Processing YourInformation
Fulfil contractual obligations and pursue legitimate interests.
Pursue legitimate interests.
Fulfil contractual obligations.
Comply with applicable laws and pursue legitimate interests.
Pursue legitimate interests.
Comply with applicable laws.
Fulfil contractual obligations and pursue legitimate interests.
Comply with applicable laws, fulfil contractual obligations and pursue legitimate interests.

You warrant that the information that you have provided to Ozow is accurate, current, true and correct and that it does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. You undertake to advise Ozow should your information change in this respect and undertake to fully indemnify Ozow in the event that Ozow suffers any losses whatsoever as a result of your breach of this warranty.

Where applicable and should you provide Ozow with your customer’s PI or PI that you do not own, you further warrant that you have obtained the requisite consent in compliance with applicable laws, particularly POPIA, and if applicable the Regulation 6 Form 4 consent in line with section 69 of POPIA, from the relevant customers and owners of the PI for the processing, cross border transfer, marketing and other relevant processing and use of their PI, as determined by the merchant sharing the PI and Ozow, on a case by case basis. In such instances, you agree to promptly notify Ozow should any of your customers or the owner of the PI inform you of its decision to revoke consent in any manner and you undertake to keep records of the consent, which records Ozow may request from time to time.

Ozow confirms that any processing of PI in respect of the aforementioned will be carried out in accordance with the relevant applicable laws.

4. WHO WILL WE SHARE YOUR INFORMATION WITH?

Credit bureaus and similar providers. Your Personal Information and special personal information may be shared with credit bureaus, providers of identity lookups, fraud prevention agencies and any other third parties to comply with our regulatory obligations and/or to protect you and other customers from fraud and other criminal offences, and to investigate any suspected or alleged fraud and other criminal offences.

Ozow group. Your Personal Information and special personal information may be shared with companies within the Ozow group.

Authorities. Ozow may disclose necessary Personal Information and special personal information to authorities, such as regulatory bodies, if we are required by law or you agreed to it (for instance, for anti-money laundry or counter-terrorism).

Divestments. Ozow may transfer any Personal Information and special personal information we hold about you to any entity involved in a re-organisation of Ozow (where such re-organisation may be by way of a merger, sale, dissolution, disposal of all or part of our assets or similar event).

Business. Ozow may disclose Personal Information and special  personal information to our merchant  and distributors for legitimate business purposes and competitions.

Third party service providers. Ozow may disclose Personal Information and special personal information securely and in accordance with applicable data protection legislation to third party service providers including but not limited to, data analytics providers, customer support service providers, cloud service providers, BEE consultants and other similar technical service providers.

Other third parties. Ozow may share Personal Information or special personal information, as the case may be, with other third parties for purposes of data matching and related services.

5. WHERE AND FOR HOW LONG DO WE STORE YOUR PERSONAL INFORMATION AND SPECIALPERSONAL INFORMATION?

We strive to process your data within South Africa which data is stored on a virtual machine that could be hosted on a physical server anywhere in the world. Ozow will ensure all reasonable contractual, legal, technical, and organisational measures are taken to adequately secure your Personal Information.

As a customer, if you opt in for Ozow Pin, your bank account log-in information is stored encrypted and securely to prevent unauthorised access or decrypting of this information. In this way, no single party, including Ozow is able to decrypt this information without you, the customer, initiating the payment process.

We may store your Personal Information or special personal information indefinitely, however, we will only store it if there is a lawful purpose to do so.

6. HOW DO WE ENSURE THE SECURITY OF INFORMATION?

We are committed to implementing leading data security safeguards.

We have specialised security teams who constantly review and improve our measures to protect your Personal Information from unauthorised access, accidental loss, disclosure or destruction, and ensure that your Personal Information is only utilised and stored by us solely in an authorised manner.

Ozow has taken due cognisance of the Payment Card Industry Data security standard (“PCI DSS”), this being a set of security standards designed to ensure that all companies that accept, process, store or transmit credit card information maintain a secure environment. Given that Ozow does not process credit card payments, PCI DSS certification is not strictly required. However, Ozow has taken an extremely cautious approach to security by being PCI DSS Level 1 compliant, ensuring that it maintains the same security features as industry players that actually process credit card payments.

All traffic between the users and servers is encrypted using SSL to protect against interception of your sensitive data.

In addition, the internet banking second-factor authentication still applies to you when making a payment using the Payment System, further preventing any fraudulent interception when payment is being made.

If applicable and selected by customers of Ozow, Ozow Pin provides an additional safeguard for customers bank account information. This information is stored using Ozow’s patent pending Ozow Pin method to ensure the safe storage of this information and to prevent unauthorised access to this information. This solution has been audited by a renowned information security company to ensure that this information can only be decrypted when the customer initiates payment.

7. YOUR RIGHTS REGARDING THE INFORMATION THAT WE PROCESS

Your legal rights pertaining to your Personal Information will always be respected by us.

In the event that you would like – (i) access to your Personal Information; (ii) to correct or amend your Personal Information; (iii) to request the deletion of your Personal Information; (iv) to object to the processing of your Personal Information; (v) a copy or description of the record containing your Personal Information; (vi) the identity or categories of third parties who have access to your Personal Information, or (vii) to have your Personal Information deleted, you may inform us of your request in writing, using one of the following methods:

Email: privacy@ozow.com; orMail:

1st floor, Green Point, 39 Main Road, Western Cape, Cape Town, South Africa,8051.

We will attend to requests for access to Personal Information within a reasonable time. You may be required to pay a prescribed fee to receive copies or descriptions of records, or information about third parties. Your request for access may be refused in certain circumstances and access may be limited by certain applicable legislation.

Upon the provision by you of adequate documentation that we deem sufficient to support your identity, we will inform you of the changes that we are legally capable of making to your Personal Information, as permitted by applicable legal and ethical reporting standards imposed on us. The changes in Personal Information will be reflected on our systems as soon as is reasonably possible.

Please refer to Ozow’s PAIA manual for further information on how you can give effect to your legal rights outlined herein. The PAIA manual is located on our Website. This PAIA manual details, amongst other things, the process you should follow to give effect to your rights, the applicable fees and grounds for refusal of access.

8. COOKIES

A cookie is a small text file that is placed on your hard disk by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer. No Personal Information is stored in cookies.

We may use technologies, such as cookies, to collect information about the pages you view, the links you click and other actions you take on our sites and services. We use the information we collect for statistical purposes and to study how the Website is used so that we may improve and enhance your experience on the Website.

9. LINKS TO OTHER WEBSITES

Our Website as well as Merchant Websites may contain hyperlinks to websites that are not operated by us. These hyperlinks are provided for your reference and convenience only and do not imply that we endorse these websites, nor can we confirm the adequacy of the privacy policies of the third parties that operate such websites.

Ensure that you have gained the necessary comfort regarding the legality of such websites, together with their privacy policies prior to your use of such websites.

10. COMPLIANCE AND ENFORCEMENT OF THIS PRIVACY POLICY

Our compliance with this Privacy Policy will be monitored on a regular basis. Ozow reserves the right to modify this Privacy Policy with any updates to our security protocol and processing methods. The Privacy Policy posted at any time via the Website shall be deemed to be the Privacy Policy then in effect. We recommend that you check Ozow’s privacy policy on a regular basis in order to keep abreast of any updates to this privacy policy as Ozow does not bear the responsibility of updating you of any amendments or revisions.

Any queries regarding this Privacy Policy, the way in which your Personal Information is treated or any aspects of our Payment System may be made by emailing privacy@ozow.com or sending a written letter to the address set out in Item 7 above. We will store any correspondence from you at our offices.

11. GOVERNING LAW

This Privacy Policy and all disputes and claims arising from it shall be governed by and construed in accordance with the laws of the Republic of South Africa.

12. HOW TO LODGE A COMPLAINT WITH THE INFORMATION REGULATOR

If you have any complaints about this Privacy Policy or our compliance with this Privacy Policy, kindly direct your complaints to privacy@ozow.com and we would be glad to assist you.

You may also lodge a complaint with the Information Regulator. The contact details of the Information Regulator are available on its website at https://justice.gov.za/inforeg/.

Zero-Rated Terms and Conditions

1. Introduction

1.1. Ozow Proprietary Limited (“Ozow”) offers zero-rated billing (“ZR Billing”) on Ozow ME, payment requests (sent by Ozow through SMS), QR channels and other services determined from time to time service (e.g. the payment flow on pay.ozow.io and PWA) (“Ozow Services”). The use of ZR Billing essentially means that Ozow will carry certain data consumption charged to you for your use of the Ozow Services: you can therefore access Ozow services free of charge, up to a certain capped amount.

1.2. Ozow provides ZR Billing to customers of the following service providers:

1.2.1. MTN;

1.2.2. Vodacom;

1.2.3. Cell C; and

1.2.4. Telkom.

1.3. In addition to the consent and general terms and conditions set out below, depending on what service provider you use, there might be additional terms and conditions applicable to you for the use of ZR Billing. Please ensure that you have familiarized yourself with the terms and conditions applicable to your service provider.

2. Consent

2.1. We care about your privacy. As a responsible payment solutions service, secure processing of your personally identifiable information (“Personal Information”) is of utmost importance to us. As such, we ensure that we collect, use, store and transfer (“process”), and as defined in the Protection of Personal Information Act 2013 (“POPI")) your Personal Information in keeping with laws and regulations that are aimed at protecting the integrity of your Personal Information.

2.2. By continuing use of the Ozow Services, you explicitly confirm that:

2.2.1. you agree with the terms of these Terms and Condition, Ozow’s Privacy Policy (“Privacy Policy”) and Promotion of Access to Information Act No. 2 of 2000 manual (“PAIA Manual”). It is important that you read these Terms and Conditions together the Privacy Policy and PAIA Manual so that you are fully aware of how and why we are using your Personal Information. These are available on www.ozow.com;

2.2.2. you are older than 18 years old and have legal capacity to conclude legally binding contracts. We do not have any intention of collecting or processing Personal Information for individuals that do not have the legal capacity to conclude legally binding contracts;

2.2.3. you consent to the processing (as defined in POPI), sharing or transferring of your Personal Information by Ozow, on Ozow corporate systems, to other entities, agents, Ozow affiliates, subcontractors, or to other relevant business partners (including any of the service providers), and that Ozow may store your Personal Information on a “cloud-based” Amazon web platform in South Africa and the European Union. In doing so you acknowledge that you understand and accept the purposes for which your Personal Information is required and for which it will be used. When making such transfers, Ozow will ensure that the necessary protections are in place to safeguard your Personal Information transferred in accordance with applicable laws;

2.2.4. you consent to Ozow, any of its affiliates and service providers making contact with you using written, electronic or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you to Ozow, now or in the future. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;

2.2.5. you consent to receiving any form of advertising, including by way direct or indirect marketing, electronic marketing or tele-marketing in relation to Ozow’s services, products and otherwise; and

2.2.6. you undertake to provide Ozow with accurate and up to date information, including Personal Information, and will update same if these become outdated or incorrect.

2.3. By communicating electronically with us through the use of the Ozow Services and proceeding with your payment, you confirm that you have read and consent to these Terms and Conditions, the Privacy Policy and the PAIA Manual.

2.4. For further information in relation to the above, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at legal@ozow.com.

2.5. Ozow hereby notifies you that each/any service provider might use and/or process your Personal Information in the following ways:

2.5.1. Processing Personal Information for maintaining the security, integrity and quality of the telecommunications network and related services, which may include interception, monitoring or recording of communications in accordance with applicable law;

2.5.2. Processing for the service provider’s own market research and analysis in order to develop and improve its products, services and commercial propositions. Such Processing may include providing your Personal Information to third parties; and

2.5.3. Disclosing of your Personal Information by the service provider to third parties:

2.5.3.1. if required by applicable law, court order or Privacy Authority; or

2.5.3.2. where such third parties are sub-contracted processors of the service provider and they provide the service provider with confidentiality undertaking.

2.6. Objections to transfer of Personal Information:

2.6.1. If at any time you object to the transfer of your Personal Information, the transfer of the Personal Information shall as soon as reasonably practicable be suspended until the dispute is resolved.

2.6.2. If at any time a service provider receives notice of an objection from a Privacy Authority to the transfer or collection, processing and use of the Personal Information, the service provider shall, as soon as reasonably practicable suspend or cease the transfer or collection, and take such other steps as the Privacy Authority may direct.

3. The following terms and conditions apply to consumers across all service providers

3.1. ZR Billing are only applicable for use within the South African borders, and if used through one of the service providers listed above.

3.2. ZR Billing will be capped at a certain amount. This means that there will be a monthly limit on the amount of free use of the Ozow Services that will be available to all customers (including you) per month. This could mean that, due the limit being reached in a particular month, you might not benefit from the free use of the Ozow Services, and as such will be liable for any costs related to the accessing or use of the Ozow Services. By continuing use of the Ozow Services, you confirm that you are informed of this limit applied to ZR Billing.

3.3. ZR Billing shall not be available to you whilst roaming internationally. Standard data roaming rates will apply and will be charged as out of bundle usage to you, at the rates communicated by your specific service provider, and not Ozow.

3.4. If you explore the internet in a random and unplanned way that results in you no longer browsing the predefined IP address, Port and URL access URLs, IP addresses and or Ports that are not within provided for the Ozow Services, you will incur the costs thereof.

3.5. Where Ozow provides IPs, URLs and Port information but you have a proxy configured, ZR Billing will not work and thus you will not be able to access the Ozow Services free of charge. To avoid this, please remove any existing proxy settings to make use of ZR Billing. Browsers that utilize encryption and proxy technologies that result in the URLs or IPs of websites being blocked in any manner will not qualify for ZR Billing. Such connections will be subject to standard data costs payable by you.

3.6. Ozow reserves the right to suspend and/or terminate any part of ZR Billing in relation to any/all Ozow Services on any of the service providers at its sole discretion, at any time, and due to any reason. If such occurs, you accept that you will then be liable for all costs associated with using any of the Ozow Services.

4. MTN terms and conditions

4.1. ZR Billing is only:

4.1.1. applicable to MTN subscribers within the South African borders who have MTN mobile data network connectivity; and

4.1.2. available on MTN’s public APN service and is not supported on MTN Private APNs.

4.2. SIM cards in mobile dongles or modems may not be able to receive daily usage notifications.

4.3. Each customer will have 500MB daily limit which is applied across all MTN ZR Billing subscribers (“MTN subscribers”) on a first come first serve basis. This 500MB daily limit does not only apply to ZR Billing, but to all MTN subscribers’ who use other reversed bill URL’s as well, hence the daily limit of an MTN customer could be used up to access other MTN subscribers’ URL services, resulting in the customer being unable to connect free of charge to Ozow’s Services for that particular day. Once the daily limits for the website URL’s and mobile applications are depleted, standard MTN rates will be charged to customers for continued use of the Ozow Services.

4.4. Accessing ZR Billing and Ozow Services will be at your own risk and MTN will not be held liable for any loss or damage suffered in respect to this. This includes you being redirected to a phishing website, and ‘taking the bait’.

5. Vodacom terms and conditions

5.1. The usage and procurement of SIMs for the ZR Billing is governed by the relevant individual airtime contracts for the SIMs.

5.2. The efficient functioning of ZR Billing is dependent upon the GSM Network availability. The GSM Network may temporarily fail, malfunction, provide limited or no coverage, or there may be reception or other transmission malfunctions, failures or errors of whatsoever nature.

5.3. Whilst Vodacom will use its best efforts to secure the uninterrupted supply of ZR Billing and will use reasonable endeavours to make ZR Billing available at all times, Vodacom does not guarantee that there will be no interruptions or periods of unavailability, nor is any level of availability warranted.

6. Telkom terms and conditions

ZR Billing will only be applicable to traffic generated from Telkom mobile subscribers i.e. Telkom SIM cards. Traffic generated from any other operator or medium will not be reverse billed.

7. Cell C terms and conditions

7.1. Any Cell C SIM card will be able to access the specified Ozow Services.

7.2. Standard RICA rules and processes apply when any SIM card that may make use of the Ozow Service is activated.

7.3. All authorized Cell C SIM cards will be able to access the Ozow Services. Cell C cannot set individual usage limits per MSISDN.

7.4. No usage limits will be enforced on any SIM card that you utilize when accessing the specified IP Range.

7.5. All Cell C SIM card holders will be able to access the IP Range if the IP Range is known or disclosed to other Cell C SIM card users. Cell C will not be liable for any direct or indirect loss or damage due to any unauthorized access of the IP Range by a third party.

Ozow ME: Consumer Terms and Conditions

1. Introduction

These terms cover your use of Ozow ME (or any derivative of the name by Ozow), which is a progressive web application which allows you to receive and make payments. Ozow reserves the right to update these terms and conditions without prior notice, and such updates may occur from time to time. It is your responsibility to check these Terms and Conditions on a regular basis in order to keep abreast of any updates. Ozow ME is provided to consumers free of charge up to the limit set out in paragraph 2 below, subject to the Zero-Rated T’s and C’s and Privacy Policy (which can be accessed at https://ozow.com/privacy-policy/). Ozow has the right to terminate your use of Ozow ME at any time, at its sole discretion.

2. Limits on transactions

You are able to receive payments using Ozow ME up to any of the following limits:

R10,000 per day;

orR30,000 per month.

In the event that you wish to transact in excess of the above limits, you must apply with Ozow to register as a merchant. You can commence the registration process on Ozow ME or on Ozow’s website, alternatively contact support@ozow.com for further details.

3. Warranties

As a user of Ozow ME, you warrant that:

The payment you have requested and/or made complies with all applicable laws;

you will not engage in any conduct that brings or is likely to bring the reputation of Ozow into disrepute;

all information to be provided by you to Ozow in connection with your use of Ozow ME and the performance of your obligations hereunder is and shall remain true and correct in all respects;

you will, for purposes of receiving funds using Ozow ME, only receive funds in your South African resident bank account and that you do not utilise any non-resident bank account for purposes of Ozow ME;

you will, as soon as reasonably practicable and at no cost to Ozow give to Ozow (in writing if so requested) all such information and reports as Ozow may reasonably require in connection with your use of Ozow ME; andyou will not take any action (or, as the case may be, omit to take any action) which may directly or indirectly cause Ozow to infringe or misappropriate the intellectual property of any third party.

4. Liability

You acknowledge that Ozow shall not be responsible for instances that are outside of its control, which include:Any actions or inactions by you that result in a loss of service;

any inaccuracies in amounts paid as a result of the information provided by you;

any events or outages affecting the Ozow system and Ozow service that are outside of the authority, control and / or responsibility of Ozow;

any delays in the settlement of transaction funds; and/or

non-settlement of transaction funds.

You agree that Ozow’s liability towards you is limited to direct damages that arise as a result of the negligence or acts or omissions of its employees, agents or representatives in the performance of their duties. Ozow shall not be liable for any loss of profit or revenue, indirect, special, or consequential loss or damages of whatever kind, whether arising in contract, delict or otherwise, suffered by you. In no event will Ozow’s aggregate liability in respect of any claims relating to these Terms and Conditions and your use of Ozow ME exceed the fees that would have been payable by you, had you been signed up as a standard Ozow MErchant, for the 12 (twelve) month period immediately preceding the date on which the claim arose. Ozow does not exclude or limit its liability for any damages arising from its wilful or fraudulent conduct, or for any matter for which it would be illegal for to do so.

5. Indemnity

You agree to indemnify Ozow, its directors, officers, employees and agents against all losses which may directly or indirectly arise out of or in connection with:

A breach by you of any of your obligations under these Terms and Conditions;

the negligent, wilful or fraudulent act or omission by you in carrying out or failing to carry out your obligations under these Ozow ME Ts and Cs; and/or.

for any claims arising against Ozow from a customer or any third party in relation to your use of Ozow ME.6. The Protection of Personal Information Act (“POPIA”)

Ozow processes your personal information (“PI”) in terms of its privacy policy available at https://ozow.com/privacy-policy/.

You agree to comply with POPIA in the event that you are a responsible party as defined therein. In your use of Ozow ME, in the event that you are an operator in terms of POPIA, you agree to:

Process PI in such a manner that is reasonable, adequate, relevant, non-excessive, purpose-specific and non-infringing of the relevant individual's privacy;

secure the integrity and confidentiality of PI in your possession or under your control by taking appropriate, reasonable technical and organisational measures to prevent (a) loss of, damage to or unauthorised destruction of PI and (b) unlawful access to or processing of PI;

take reasonable measures to (a) identify all reasonably foreseeable internal and external risks to such PI; (b) establish and maintain appropriate safeguards against such risks; (c) regularly verify that the safeguards are effectively implemented, and (d) ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards;

have due regard to generally accepted information security practices and procedures which may apply to you generally or be required in terms of the specific industry or professional rules and regulations;immediately notify Ozow if there are reasonable grounds to believe that any PI has been accessed or acquired by an unauthorised person; and

take appropriate security safeguards against the unauthorised or unlawful processing of PI obtained from the other party and against the accidental loss or destruction of, or damage to, such PI to ensure a level of security appropriate to the harm that might result therefrom.

7. Dispute Resolution

You agree that any dispute arising from these Ozow ME Ts and Cs shall be submitted to mediation, failing which, the dispute shall be submitted to binding arbitration governed by the Arbitration Act, 1965, or any replacement Act and shall take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa (“AFSA”). The arbitration proceeding shall be conducted by a mutually agreed upon arbitrator of AFSA and shall be held in Johannesburg, South Africa and the judgment upon the award rendered may be entered and enforced in any court of competent jurisdiction. Nothing contained in this paragraph 7 shall prohibit a party from approaching any court of competent jurisdiction for urgent interim relief pending determination of the dispute by arbitration, and for this purpose the parties consent to the non-exclusive jurisdiction of the Gauteng Local Division of the High Court of South Africa, Johannesburg

Ozow Ts & Cs

Welcome to www.ozow.com. Your use of our Website is subject to these terms and conditions (“Website Terms“). You must read these Website Terms carefully before using this Website as your continued use of this Website will indicate that you have accepted them.v

1. WHY DO WE HAVE THESE WEBSITE TERMS?

1.1. Whether you are a guest, an Ozow merchant or a consumer (“you” or “your”), these Website Terms (together with all documentation referred to in it) tell you the terms of use on which you may use the Ozow Proprietary Limited (“Ozow“, “we“, our” or “us“) website and/or any related applications which are accessible at www.ozow.com (“Website“).

1.2. The use of our Website includes accessing, browsing, linking or downloading any information made available on our Website (“Content“), and using any of our services made available on our Website (“Services“).

2. YOUR AGREEMENT WITH OZOW

2.1 Your access and continued use of our Website, Content or our Services means that you agree to enter into a legally binding contract with us as set out in these Website Terms.

2.2 These Website Terms may also refer to additional terms and conditions and Ozow policies, which may apply to you, and if applicable you will be made aware of same.

2.3 The Website is intended for persons who are at least 18 years or older and who have the legal capacity to enter into contracts in the Republic of South Africa. If you do not meet these requirements, you should immediately leave our Website.

2.4 We manage the collection, processing and storage of your personal information in accordance with Ozow’s Privacy Policy and the Promotion of Access to Information Act, No. 2 of 2000 (“PAIA”) Manual, both of which are available on Ozow’s Website. By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy and PAIA Manual.

2.5 We may update our Website, Content, these Website Terms, our Privacy Policy and PAIA Manual from time to time. Each time you use the Website or our Services, it is your responsibility to review these Website Terms, our Privacy Policy and PAIA Manual in case of any such updates or amendments. If you do not agree to Ozow’s updates, you must refrain from using the Website or our Services.

2.6 If you have any questions about these Website Terms, our Privacy Policy, our PAIA Manual or any documents incorporated by reference in these Website Terms, please contact us at support@ozow.com.

3. ACCESS TO OUR WEBSITE

3.1 You are responsible for obtaining and maintaining all facilities, services, products and equipment that may be required by you to maintain access or use to the Website and any of our Services. You are required to, at all times, provide your own hardware, software, modem and internet connectivity as well as electronic communications infrastructure.

3.2 We do not guarantee that our Website or the Content on it will always be accessible or always be uninterrupted. We will not be liable to you if, for any reason, our Website or the Services accessible on our Website are unavailable to you at any time or for any period.

4. ACCURACY OF CONTENT

4.1 Whilst we take all reasonable steps and precautions to ensure the accuracy of all of the Content we make available on our Website, the Content is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice.

4.2 You understand and agree that our Content may change from time to time. The Website may therefore not always contain the correct or current information, details and descriptions and to the extent permitted by law, we make no representations, warranties, or guarantees, whether express or implied, that our Content is accurate, complete or current.

5. HOW TO USE OUR WEBSITE OR OUR SERVICES

5.1 You may use our Website, Services or Content only for lawful purposes.

5.2 You may not use our Website, our Services or our Content:

5.2.1 in any way that is unlawful, improper, immoral or fraudulent or has such purpose or effect;

5.2.2 for the purposes of submitting false, inaccurate or misleading information on the Website or conducting yourself in a false, inaccurate or misleading fashion;

5.2.3 in any way that is threatening, stalking, defrauding, inciting, harassing or otherwise interfering with another person’s use of the Website, our Services or any Ozow products or services;

5.2.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;

5.2.5 to conduct keyword spamming or otherwise attempt to manipulate search results;

5.2.6 to create, host, or transmit any defamatory, offensive, or obscene material, or to engage in activities which would offend others on grounds of race, religion, creed, or sex;

5.2.7 to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or that would constitute a criminal offence or give rise to civil liability;

5.2.8 to solicit personal information from minors or to harm or threaten to cause harm to minors;

5.2.9 to run any robot, spider, site search or retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Website or any Content;

5.2.10 to transmit any computer viruses, worms, defects, trojan horses, time bombs, cancelbots or other computer programming routines or items of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;

5.2.11 to access, or attempt to access, the accounts of others;

5.2.12 to penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware or systems;

5.2.13 to make excessive traffic demands;

5.2.14 to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data; or

5.2.15 to conduct any activities which adversely affects the ability of other people or systems to use the Services or the internet generally.

5.3 You agree to comply with all local laws and regulations regarding online conduct and acceptable content. You also agree to comply with any applicable regulations regarding the export of any data from any country.

5.4 The list in paragraph 5.2 above only serves to provide examples and is not meant to be an exhaustive list of the types of unacceptable uses of the Website, the Services or Content that may result in the restriction, suspension, or termination of your use of the Website, our Content or our Services.

5.5 Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.

5.6 Subject to the further provisions of these Website Terms, you are not permitted to (i) frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content; (ii) incorporate any part of the Content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use.

5.7 In addition, you shall not and shall not permit a third party to:

5.7.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of

the software forming part of the Website and/or the Content (“the Software“) or any files contained in or generated by the Software by any means whatever;

5.7.2 remove any product identification, copyright or other notices, from the Software or documentation;

5.7.3 lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your hardware; or

5.7.4 disseminate performance information or analysis of the Software from any source relating to the Software.

6. YOUR USE OF PUBLIC FORUMS

6.1 The Website may contain interactive services, including but not limited to social networking features, such as access to Ozow’s YouTube, Facebook, Twitter and Instagram pages (“Public Forums“), which may permit you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio and video recordings (“Postings“).

6.2 Content, information, and materials posted by users to Public Forums (including Third Party Websites) are subject to the terms and conditions of such Public Forums and are not endorsed by us. The opinions expressed in Public Forums are not necessarily ours and any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, other content or materials on Public Forums. You release us from all claims and liability of every kind and nature, arising out of or in any way connected with a dispute with another user of the Website.

6.3 We reserve the right to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these Website Terms. We may restrict, suspend or terminate your use of these services or the Website where, in our sole discretion, we believe that there may have been such a misuse.

6.4 Any Postings you make will not be considered confidential or secret. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Public Forums.

6.5 You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful and that no other party has any rights thereto.

6.6 We may delete or destroy your Postings at any time.

7. YOUR USE OF THIRD PARTY WEBSITES

7.1 The Website, Content and Services may also contain links to access other third party websites (“Third Party Websites“). If you access any Third Party Websites, you will be subject to those Third Party Websites’ terms and conditions and other policies. Any content, information, and materials on any Third Party Websites is not endorsed by Ozow.

7.2 Your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information provided on such Third Party Websites.

8. PROMOTIONAL COMPETITIONS OR OFFERS

8.1 Certain parts of the Website may contain competitions or promotions from Ozow or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website and/or a merchant’s website from time to time.

8.2 By entering or participating in the relevant competition or promotion you agree to be bound by such terms and conditions. Notwithstanding any specific terms and conditions, we retain the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website and/or the merchant’s website, without any liability to you.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 All rights, including Intellectual Property Rights, in all material and content on the Website are owned or licensed by us.

9.2 You agree that you are permitted to use this material and/or content only as set forth in and to the extent permitted by these Website Terms. For purposes of these Website Terms, “Intellectual Property Rights” shall mean any patents, rights to inventions, copyright and related rights, moral rights, trademarks, service marks, logos, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, scripts, graphics, photos, sounds, music, videos, interactive features and the like, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist anywhere in the world.

9.3 We reserve all rights, including all Intellectual Property Rights, not expressly granted herein to the Website and the Content we make available on or via the Website.

9.4 You agree to refrain from engaging in the use, copying, or distribution of any of the Content other than as expressly permitted by us, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you are obliged to retain all copyright and other proprietary notices contained therein.

9.5 You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or Content. All the rights of Ozow and its employees or agents are reserved in this regard.

9.6 Any copying, reproduction, modification, creation of derivative works from or redistribution of the Website and/or Content or any portion thereof is expressly prohibited.

10. INDEMNITY

10.1 To the extent permitted by law, you agree to defend, indemnify and hold us and our officers, affiliates, successors, assigns, directors, agents, service providers, suppliers, and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including but not limited to attorneys’ fees, arising from:

10.1.1 your use of and access to the Website, Content and/or the Services;

10.1.2 your breach of any of these Website Terms;

10.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property or privacy right; and/or10.1.4 any claim that the Content caused damage to a third party.

10.2 This clause 10 will survive termination, modification or expiration of these Website Terms and your use of the Services, the Content and the Website.

11. LIMITATION OF LIABILITY

11.1 Subject to clause 11.2 below, neither us nor any of our agents, officers, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the Services or Content provided from and through the Website.

11.2 These Website Terms do not or do not purport to limit or exempt us from any liability including without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for, on our behalf or controlled by us, to the extent that the law does not permit such a limitation or exemption; and do not require you to assume risk or liability, to the extent that same is not permitted by law.

12. EXCLUSION OF WARRANTIES AND REPRESENTATIONS

12.1 To the extent permitted by law, Ozow makes no representation or warranty whatsoever, whether express, implied or statutory, regarding the Website or the Services, including, without limitation, no representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Content.

13. GENERAL TERMS

13.1 These Website Terms and the relationship between you and Ozow shall be governed and construed in accordance with the law of the Republic of South Africa.

13.2 Except as expressly provided by Ozow on the Website, these Website Terms read with our Privacy Policy and PAIA Manual and any additional terms concluded specifically between yourself and Ozow, where applicable, constitute the entire agreement between you and Ozow with respect to the use of this Website, the Services and the Content.

13.3 The Website is not targeted at individuals under the age of 18 years and we will not knowingly collect information from persons in this age group.

13.4 Any disputes arising in connection with these Website Terms and our Services shall be subject to the exclusive jurisdiction of the courts located in Johannesburg, South Africa.

13.5 Please report any violations of the Website Terms (including the Privacy Policy, the PAIA Manual or any documents incorporated by reference) that you become aware of by contacting us at support@ozow.com and legal@ozow.com.

13.6 Any failure to exercise or enforce any right or provision of the Website Terms shall not constitute a waiver of such right or provision.

13.7 Save as otherwise provided, no provision of these Website Terms constitutes a stipulation for the benefit of a third person which, if accepted by the person, would bind any party in favour of that person.

13.8 The termination of any contract created by these Website Terms will be without prejudice to any other rights or remedies under the Website Terms or at law, and will not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision of these Website Terms which is expressly or by implication intended to come into or continue in force on or after such termination.

13.9 If any term or condition contained in these Website Terms is declared invalid, the remaining terms and conditions will still remain valid and in full force and effect, unless expressly stated otherwise.

13.10 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Website Terms to any third party.

13.11 You may terminate these Website Terms at any time by ceasing to use the Website or the Content and destroying all materials received or downloaded from this Website.

13.12 If these Website Terms, or any contract governed by these Website Terms, or the Services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act 68 of 2008, as may be amended from time to time (the “Consumer Protection Act“), it is not intended that any provision of these Website Terms contravene any provision of the Consumer Protection Act. Therefore, all provisions of these Website Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are duly complied with.

13.13 For the purposes of the Electronic Communications and Transactions Act 25 of 2002, Ozow’s information is as follows:

· Full name: Ozow Proprietary Limited, a private company registration number 2013/214663/07.

· Main business: Automated secure online electronic funds transfer payment service provider.

· Office bearers: The list of office bearers can be found at www.ozow.com.

· Physical Address for legal notices: 10th Floor Portside Building, 5 Buitengracht Street, Western Cape. South Africa 8001 · Website: www.ozow.com.· Official email address: info@ozow.com.

· Contact telephone number: +27 11 054 4744.The Ozow Privacy Policy and the PAIA Manual may be downloaded from www.ozow.com which should be read together with the above terms and conditions.

The Ozow Privacy Policy and the PAIA Manual may be downloaded from www.ozow.com which should be read together with the above terms and conditions.

Social Media Giveaway – you could win a R1,000.00 voucher

COMPETITION RULES
Social Media Giveaway - you could win R1,000.00 voucher

Read these terms and conditions carefully. These competition rules (“rules”)explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition details

This Competition issponsored and promoted by Ozow Proprietary Limited (reg. no. 2013/214663/07) (“Ozow”).

Reference to Ozow includes any person which, directly or indirectly is Controlled by Ozow, or Controls Ozow and any directors, officers, employees, agents and representatives of Ozow. “Control”, as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition Period

Daily competition from 20 June 2023 until midnight on 24 June 2023. Ozow shall at its discretion choose the start and end times on each relevant day.

Prize

A voucher from a selected merchant to the value of R1,000.00.

ThePrize may not be deferred, changed or exchanged for any other item or for cash and is subject to any terms, conditions and/or limitations contained in such voucher. Takealot T&Cs attached to the voucher can be viewed here: https://www.takealot.com/help/promotional-codes-tcs

Superbalist T&Cs attached to the voucher can be viewed here: https://superbalist.com/terms_and_conditions OneDayOnly T&Cs attached to the voucher can be viewed here: https://help.onedayonly.co.za/hc/en-us/articles/8681666625300 Mr Price T&Cs attached to the voucher can be viewed here: https://www.mrp.com/en_za/customer-service/ecommerce-terms-and-conditions/ Mr Delivery T&Cs attached to the voucher can be viewed here: https://www.mrdfood.com/terms

Who can enter and how?

Any natural person who is a resident of South Africa may enter this Competition.

 

To enter, Entrants will need to:

1.      Enterin your name, email and phone number (optional) or any other details on thecompetition landing page

2.     Follow @Ozowpay on social media (either on Twitter, Instagram or Facebook)

3.     Re-share the post on Entrants social media (either on Twitter, Instagram or Facebook)

 

It is the responsibility of all Entrants to ensure that their entry is received by Ozow prior to the end of the Competition Period.

Any entries that are not received during the Competition Period will not be eligible to participate, regardless of the reason. Ozow will not be responsible for any entries which are not received by Ozow, whether timeously or at all, regardless of the cause thereof.

How many winners will be chosen?

1 Winner per day for the duration of the Competition Period (with a limit of 1 Winner in total per day).

Each Winner will only be eligible to receive 1 Prize during the Competition Period.

GENERAL

Who cannot enter?

·     People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of 18 must obtain permission from their parents or guardians before entering theCompetition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt / possession of a Prize if that Entrant becomes a Winner.

·       Directors, members, shareholders, agents, consultants or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.

The suppliers of any goods or services in respect of the Competition.

Entry fees

There are no entry fees to participate in this Competition.

Additional fees

The data costs, or any other costs, incurred by an Entrant in the ordinary course of business will apply during the Competition Period.

Is there a limit on the number entries?

Entrants can only enter once and there will only be one winner per day during the Competition Period.

Who may not win a prize?

Entrants who are at the time of the draw (defined below), already registered on Ozow’s email database are not eligible to win a Prize.

An Entrant may not win aPrize if it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of these rules, then, without prejudice to any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won aPrize).

How will winners be chosen and when will they be notified?

  • The Winners will be determined at random by a computer-generated programme  operated by Ozow in terms of which numerous Entrants will be drawn (“draw”)  for the entire Competition Period. Such draws will take place each day or at  Ozow’s discretion. The first appearing Entrant in the draw shall be the  Winner of the Prize for the relevant day in the Competition Period. Ozow will  further select numerous additional Entrants in order to cater for any  forfeiting of Prizes (“Backup Winners”).
  • The determination of the draw made by Ozow will be final and no related  correspondence will be entered into.
  • Each Winner will be contacted by Ozow, shortly after the draw.
  • The Winner shall be required to agree to the Prize and to allow Ozow to publish  the Winner's name on its website and various social media platforms,  including but not limited to Facebook and Instagram.
  • Ozow will attempt to contact each Winner at least 2 times. If Ozow is unable to  contact a Winner, or a Winner declines the Prize or to allow their name to be  published by Ozow, such Winner will forfeit his/her/their prize, and Ozow reserves  the right to award such prize to the next Entrant from the Backup Winners.
  • If  such new Winner agrees to accept the Prize and the publishing of their name  subject to these rules, that person will be a Winner of a Prize in the Competition.
  • Once a Winner has agreed to the Prize and to the publishing of his/her/their name,  Ozow may announce the name of the Winner on its website and/or various social  media platforms in Ozow’s discretion.
  • The selection and/or announcement of a Winner (or Winners) by Ozow will be done  after the end of the Competition Period, at Ozow’s discretion.

How will the prize be claimed?

The logistics involved for the delivery of the Prize to Winners will be made within one month of the notification of the Winners, by Ozow, or such other time period that is communicated to the Winners.

Personal information

The terms and conditions applicable to the processing of personal information (“PI”) (as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees  that by entering the Competition:

1.      Ozow  may contact you using written, electronic or verbal mediums, as regulated by applicable  law, using any e-mail address or telephone number provided by or made  available by you to Ozow, now or in the future, regarding Ozow or the use of  Ozow’s services. This consent includes, but is not limited to, contact by  manual calling method, pre-recorded or artificial voice messages, text  messages, emails, automatic telephone dialling systems, and/or contract by  way of social media platforms;

2.     you  may receive any form of advertising, including by way direct or indirect  marketing, electronic marketing or tele-marketing in relation to Ozow, or the  use of Ozow’s services; and

3.     Ozow  may process and/or store any of your PI trans-border, specifically in the  Amazon Web cloud hosting Services.

For further information, or should you wish  to opt out of any form of direct or indirect marketing mentioned above,  please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite each Winner to be present when the Winners are announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winners may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary. In the event of such variation, postponement, suspension or cancellation, Ozow agrees to waive any rights, interests and expectations that any Entrants or Winners may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Additional information

Ozow may require each Winner to provide Ozow with additional information and documentation in order to process, confirm and facilitate each Winners’ acceptance and delivery of their Prize. If any Winner refuses to provide Ozow with the requested information or documentation, such Winner will forfeit theirPrize.

Liability

If  any Entrant fails to comply with any of these rules, then, without prejudice  to any other remedy which Ozow may have,

- such  Entrant will be automatically disqualified, and such Entrant will forfeit  their Prize (in the event that such Entrant has already won a Prize);

- an  Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly  or indirectly as a result of non-compliance, including all legal costs  (including attorney and own client costs) which Ozow may incur in taking any  steps pursuant to an Entrant and/or Winner’s non-compliance; and

- such  Entrants and Winners indemnify and hold Ozow, as applicable, harmless against  any claim by any Person, (whether direct, indirect, incidental, punitive or  consequential) of any nature, whether arising from negligence or any other  cause, relating to any death, injury, loss and/or damage which may be  suffered howsoever arising in relation to such Entrants’ or Winners’ failure  to comply herewith.

Ozow’s  decision on any matter concerning the Competition and/or arising out of these  rules is final and binding on all Entrants and Winners.

Ozow will not be responsible, and  disclaims all liability, for any loss, liability, injury, expense or damage  (whether direct, indirect, incidental, punitive or consequential) of any  nature, whether arising from negligence or any other cause, which is suffered  by any Entrant’s participation in the Competition; the acceptance and/or use  by any Winner of any Prize; or by any action taken by Ozow in accordance with  these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on theInternet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any otherPerson’s, computer, mobile telephone or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that

- an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or

- a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards or expectation.

Indemnification

All Entrants, and in the event of  an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any  other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental,  punitive or consequential) of any nature, whether arising from negligence or  any other cause, relating to any injury, loss, liability, expense and/or  damage which an Entrant may suffer, howsoever arising, in relation to such  Entrant’s entry into the Competition and/or acceptance and/or use by  such Entrant of a Prize.

Applicable law

These rules will be construed,  interpreted and enforced in accordance with the laws of the Republic of South  Africa.  

Consumer Protection Act, 68 of 2008 (“CPA”)

The Competition  is regulated by the CPA  and it is not intended that any provision of these rules contravenes any  provision of the CPA. Therefore all provisions of these rules must be treated  as being qualified by the CPA, if necessary, to ensure that the provisions of  the CPA are complied with.

Dispute

If any dispute arises in relation  to the Competition and its rules, the decision of Ozow shall be final and no  correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded in printable form below.

Download Rules

Download and Transact with Ozow.ME and you could win R10k daily

COMPETITION RULES
Download and Transact with Ozow.ME and you could win R10k daily

Read these competition rules carefully (“rules”). These rules explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you, and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition details

This Competition is sponsored and promoted by Ozow Proprietary Limited (reg. no. 2013/214663/07) (“Ozow”).

 

Any reference to Ozow includes any person which, directly or indirectly isControlled by Ozow, or Controls Ozow and any directors, officers, employees, agents, and representatives of Ozow. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition Period

13 December 2022 to midnight on 22 December 2022

Who can enter ?

Any natural person who is a resident of  South Africa may enter.

How to enter ?

To enter, Entrants will need to:

1.      Download  the Ozow.ME application (either from the Google Play or Apple App Store);

2.     Register  for the Ozow.ME pocket feature on Ozow.ME (“Pocket”);

3.     Top-Up  Pocket on Ozow.ME; and

4.     Post  a screenshot of the screen on Ozow.ME stating “Great! Your top up has been successful” on Facebook, Twitter or Instagram and tag Ozow using #PaymentsForEveryone

 

It is the responsibility of all Entrants  to ensure that their entry is received by Ozow prior to the end of the  Competition Period. Any entries that are not received during the Competition  Period will not be eligible to participate, regardless of the reason. Ozow  will not be responsible for any entries which are not received by Ozow,  whether timeously or at all, regardless of the cause thereof.

How many winners will be chosen?

1  Winner per day for the duration of the Competition Period, provided all 4 steps under “how to enter” was followed by Entrants. Each Winner will only be eligible to receive 1 Prize during the Competition Period.

Prizes

R10k cash per day which will be deposited in theWinner’s Pocket. The Prize may not be deferred, changed, or exchanged for any other item or for cash and is subject to any terms, conditions and/or limitations contained in such voucher.

WINNER SELECTION

How will winners be chosen and when will  they be notified?

Each  day over the entire Competition Period, Ozow will select a Winner from the  pool of Entrants who posted a screenshot of their successful Pocket top up  screen using #OzowME at random by a computer-generated programme  operated by Ozow in terms of which a winner will be drawn (“draw/s”).

Such  draws will take place daily or at the end of the Competition period, at  Ozow’s discretion. The  first appearing Entrant in the draw shall, subject to successful verification  by Ozow of the Entrant completing each of the 4 steps under “how to enter"  above, be the Winner of the Prize for the relevant day in the Competition  Period. Ozow  will further select numerous additional Entrants in order to cater for any  forfeiting of Prizes (“Backup Winners”). If any of the steps under “how to enter” above were not followed, the  Winner will forfeit their prize and Ozow will reserve the right to award the  Prize to a Backup Winner (subject to successful verification as stated above).  The  determination of the draw and verification of the steps under “how to  enter” above by Ozow will be final and no related correspondence will be  entered into. Each  Winner will be notified of their winnings by Ozow, shortly after the draw and  successful verification.

The  Winner shall be required to agree to the winnings and to allow Ozow to publish  the Winner's name on their website and various social media platforms,  including but not limited to Facebook, Instagram, YouTube, Twitter and GDN.

Ozow  will attempt to contact each Winner at least 2 times. If Ozow are unable to  contact a Winner, or a Winner declines the Prize or to allow their name to be  published by Ozow, such Winner will forfeit his/her/their prize, and Ozow  reserve the right to award such prize to the next Entrant from the Backup  Winners. If  such new Winner agrees to accept the Prize and the publishing of their name  subject to these rules, they will be a Winner of a Prize in the Competition.

Once a  Winner has agreed to the Prize and to the publishing of his/her/their name,  Ozow may announce the name of the Winner on its website and/or various social  media platforms, at their selection, including but not limited to Facebook,  Instagram, YouTube, Twitter and Google Display Network (“GDN”).

The  announcement of a Winner (or Winners) by Ozow will be done daily or after the  end of the Competition Period, at Ozow’s discretion.

GENERAL

Who cannot enter?

People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of 18 must obtain permission from their parents or guardians before entering theCompetition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt / possession of a Prize if that Entrant becomes a Winner.

Directors, members, shareholders, agents, consultants, or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.

The suppliers of any goodsor services in respect of the Competition.

Entry fees

There are no entry fees to participate in  this Competition.

Additional fees

The data costs, or any other  costs, incurred by an Entrant in the ordinary course of business will apply  during the Competition Period.

Is there a limit on the number entries?

There is no limit on the number  of entries in this Competition, but each Entrant can only win once over the  Competition Period.

Who may not win a prize?

An Entrant may not win a Prize if it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win  a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of these rules, then, without prejudice to any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won a Prize).

How will the prize be claimed?

The logistics involved for the delivery or payment of the Prize (as the case may  be) to Winners will be made within one month of the notification of the Winners, by Ozow, or such other time period that is communicated to the Winners.  

Personal information

The terms and conditions applicable to the processing of personal information (“PI”) (as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have  agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees that by entering the Competition:

1.      Ozow may contact you using written, electronic, or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you to Ozow, now or in the future, regarding Ozow or the use of Ozow’s services. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;

2.     you may receive any form of advertising, including by way direct or indirect marketing, electronic marketing, or tele-marketing in relation to Ozow, or the use of Ozow’s services; and

3.     Ozow may process and/or store any of your PI trans-border, specifically in theAmazon Web cloud hosting Services.

For further information, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite each Winner to be present when the Winners are announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winners may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary.

In the event of such variation, postponement, suspension, or cancellation, Ozow agrees to waive any rights, interests, and expectations that any Entrants or Winners may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Changes to Competition/rules

Ozow reserves the right to modify the Competition rules at any time at its discretion. The rules posted at any time via the website (www.ozow.com) shall be deemed to be the rules then in effect. We recommend that you check the rules on a regular basis in order to keep abreast of any updates to these rules or the Competition as Ozow does not bear the responsibility of updating you of any amendments or revisions.

Additional information

Ozow may require each Winner to provide Ozow with additional information and  documentation in order to process, confirm and facilitate each Winner’s acceptance and delivery of their Prize. If any Winner refuses to provide Ozow  with the requested information or documentation, such Winner will forfeit  their Prize.

Liability

If  any Entrant fails to comply with any of these rules, then, without prejudice  to any other remedy which Ozow may have,

·         such  Entrant will be automatically disqualified, and such Entrant will forfeit  their Prize (in the event that such Entrant has already won a Prize);

·         an  Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly  or indirectly as a result of non-compliance, including all legal costs  (including attorney and own client costs) which Ozow may incur in taking any  steps pursuant to an Entrant and/or Winner’s non-compliance; and

·         such  Entrants and Winners indemnify and hold Ozow, as applicable, harmless against  any claim by any Person, (whether direct, indirect, incidental, punitive, or  consequential) of any nature, whether arising from negligence or any other  cause, relating to any death, injury, loss and/or damage which may be  suffered howsoever arising in relation to such Entrants’ or Winners’ failure  to comply herewith.

Ozow’s  decision on any matter concerning the Competition and/or arising out of these  rules is final and binding on all Entrants and Winners.

Ozow will not be responsible, and  disclaim all liability, for any loss, liability, injury, expense or damage  (whether direct, indirect, incidental, punitive or consequential) of any  nature, whether arising from negligence or any other cause, which is suffered  by any Entrant’s participation in the Competition; the acceptance and/or use  by any Winner of any Prize; or by any action taken by Ozow in accordance with  these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on theInternet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any otherPerson’s, computer, mobile telephone, or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that – an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or

a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards, or expectation.

Indemnification

All Entrants, and in the event of an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant may suffer, howsoever arising, in relation to such Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

Applicable law

These rules will be construed, interpreted,  and enforced in accordance with the laws of the Republic of South  Africa.  

ConsumerProtection Act, 68 of2008 (“CPA”)

The Competition  is regulated by the CPA,  and it is not intended that any provision of these rules contravenes any  provision of the CPA. Therefore all provisions of these rules must be treated as being qualified by the CPA, if necessary, to ensure that the provisions of  the CPA are complied with.

Dispute

If any dispute arises in relation to the Competition and its rules, the decision of Ozow shall be final and no correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded in printable form from here.

Download Rules

Remittance Ts & Cs

This purchase is enabled by Ozow as part of a Regulatory Sandbox governed by the Intergovernmental Fintech Working Group (IFWG), working with Secure FX (Proprietary) Limited and an Authorised Dealer.

What is different about this payment?

Please note that any purchases made in this process will form part of your annual single discretionary allowance, as governed by the South African Reserve Banks’ exchange control regulations.

What is the process for delivery, refunds and returns?

Any queries relating to this, will be dealt with as per the ordinary the merchants policies and processes available on its website.

Who can I contact for any queries on the payment process?

Please feel free to reach out to support@ozow.com or 011 054 4744.

By proceeding with this payment, you agree to participate in the Regulatory Sandbox.

Social Media Giveaway – you could win a R1,000.00 voucher

COMPETITION RULES
Social Media Giveaway - you could win R1,000.00 voucher

Read these terms and conditions carefully. These competition rules (“rules”)explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition details

This Competition issponsored and promoted by Ozow Proprietary Limited (reg. no. 2013/214663/07) (“Ozow”).

Reference to Ozow includes any person which, directly or indirectly is Controlled by Ozow, or Controls Ozow and any directors, officers, employees, agents and representatives of Ozow. “Control”, as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition Period

Daily competition from 20 June 2023 until midnight on 24 June 2023. Ozow shall at its discretion choose the start and end times on each relevant day.

Prize

A voucher from a selected merchant to the value of R1,000.00.

ThePrize may not be deferred, changed or exchanged for any other item or for cash and is subject to any terms, conditions and/or limitations contained in such voucher. Takealot T&Cs attached to the voucher can be viewed here: https://www.takealot.com/help/promotional-codes-tcs

Superbalist T&Cs attached to the voucher can be viewed here: https://superbalist.com/terms_and_conditions OneDayOnly T&Cs attached to the voucher can be viewed here: https://help.onedayonly.co.za/hc/en-us/articles/8681666625300 Mr Price T&Cs attached to the voucher can be viewed here: https://www.mrp.com/en_za/customer-service/ecommerce-terms-and-conditions/ Mr Delivery T&Cs attached to the voucher can be viewed here: https://www.mrdfood.com/terms

Who can enter and how?

Any natural person who is a resident of South Africa may enter this Competition.

 

To enter, Entrants will need to:

1.      Enterin your name, email and phone number (optional) or any other details on thecompetition landing page

2.     Follow @Ozowpay on social media (either on Twitter, Instagram or Facebook)

3.     Re-share the post on Entrants social media (either on Twitter, Instagram or Facebook)

 

It is the responsibility of all Entrants to ensure that their entry is received by Ozow prior to the end of the Competition Period.

Any entries that are not received during the Competition Period will not be eligible to participate, regardless of the reason. Ozow will not be responsible for any entries which are not received by Ozow, whether timeously or at all, regardless of the cause thereof.

How many winners will be chosen?

1 Winner per day for the duration of the Competition Period (with a limit of 1 Winner in total per day).

Each Winner will only be eligible to receive 1 Prize during the Competition Period.

GENERAL

Who cannot enter?

·     People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of 18 must obtain permission from their parents or guardians before entering theCompetition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt / possession of a Prize if that Entrant becomes a Winner.

·       Directors, members, shareholders, agents, consultants or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.

The suppliers of any goods or services in respect of the Competition.

Entry fees

There are no entry fees to participate in this Competition.

Additional fees

The data costs, or any other costs, incurred by an Entrant in the ordinary course of business will apply during the Competition Period.

Is there a limit on the number entries?

Entrants can only enter once and there will only be one winner per day during the Competition Period.

Who may not win a prize?

Entrants who are at the time of the draw (defined below), already registered on Ozow’s email database are not eligible to win a Prize.

An Entrant may not win aPrize if it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of these rules, then, without prejudice to any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won aPrize).

How will winners be chosen and when will they be notified?

  • The Winners will be determined at random by a computer-generated programme  operated by Ozow in terms of which numerous Entrants will be drawn (“draw”)  for the entire Competition Period. Such draws will take place each day or at  Ozow’s discretion. The first appearing Entrant in the draw shall be the  Winner of the Prize for the relevant day in the Competition Period. Ozow will  further select numerous additional Entrants in order to cater for any  forfeiting of Prizes (“Backup Winners”).
  • The determination of the draw made by Ozow will be final and no related  correspondence will be entered into.
  • Each Winner will be contacted by Ozow, shortly after the draw.
  • The Winner shall be required to agree to the Prize and to allow Ozow to publish  the Winner's name on its website and various social media platforms,  including but not limited to Facebook and Instagram.
  • Ozow will attempt to contact each Winner at least 2 times. If Ozow is unable to  contact a Winner, or a Winner declines the Prize or to allow their name to be  published by Ozow, such Winner will forfeit his/her/their prize, and Ozow reserves  the right to award such prize to the next Entrant from the Backup Winners.
  • If  such new Winner agrees to accept the Prize and the publishing of their name  subject to these rules, that person will be a Winner of a Prize in the Competition.
  • Once a Winner has agreed to the Prize and to the publishing of his/her/their name,  Ozow may announce the name of the Winner on its website and/or various social  media platforms in Ozow’s discretion.
  • The selection and/or announcement of a Winner (or Winners) by Ozow will be done  after the end of the Competition Period, at Ozow’s discretion.

How will the prize be claimed?

The logistics involved for the delivery of the Prize to Winners will be made within one month of the notification of the Winners, by Ozow, or such other time period that is communicated to the Winners.

Personal information

The terms and conditions applicable to the processing of personal information (“PI”) (as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees  that by entering the Competition:

1.      Ozow  may contact you using written, electronic or verbal mediums, as regulated by applicable  law, using any e-mail address or telephone number provided by or made  available by you to Ozow, now or in the future, regarding Ozow or the use of  Ozow’s services. This consent includes, but is not limited to, contact by  manual calling method, pre-recorded or artificial voice messages, text  messages, emails, automatic telephone dialling systems, and/or contract by  way of social media platforms;

2.     you  may receive any form of advertising, including by way direct or indirect  marketing, electronic marketing or tele-marketing in relation to Ozow, or the  use of Ozow’s services; and

3.     Ozow  may process and/or store any of your PI trans-border, specifically in the  Amazon Web cloud hosting Services.

For further information, or should you wish  to opt out of any form of direct or indirect marketing mentioned above,  please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite each Winner to be present when the Winners are announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winners may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary. In the event of such variation, postponement, suspension or cancellation, Ozow agrees to waive any rights, interests and expectations that any Entrants or Winners may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Additional information

Ozow may require each Winner to provide Ozow with additional information and documentation in order to process, confirm and facilitate each Winners’ acceptance and delivery of their Prize. If any Winner refuses to provide Ozow with the requested information or documentation, such Winner will forfeit theirPrize.

Liability

If  any Entrant fails to comply with any of these rules, then, without prejudice  to any other remedy which Ozow may have,

- such  Entrant will be automatically disqualified, and such Entrant will forfeit  their Prize (in the event that such Entrant has already won a Prize);

- an  Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly  or indirectly as a result of non-compliance, including all legal costs  (including attorney and own client costs) which Ozow may incur in taking any  steps pursuant to an Entrant and/or Winner’s non-compliance; and

- such  Entrants and Winners indemnify and hold Ozow, as applicable, harmless against  any claim by any Person, (whether direct, indirect, incidental, punitive or  consequential) of any nature, whether arising from negligence or any other  cause, relating to any death, injury, loss and/or damage which may be  suffered howsoever arising in relation to such Entrants’ or Winners’ failure  to comply herewith.

Ozow’s  decision on any matter concerning the Competition and/or arising out of these  rules is final and binding on all Entrants and Winners.

Ozow will not be responsible, and  disclaims all liability, for any loss, liability, injury, expense or damage  (whether direct, indirect, incidental, punitive or consequential) of any  nature, whether arising from negligence or any other cause, which is suffered  by any Entrant’s participation in the Competition; the acceptance and/or use  by any Winner of any Prize; or by any action taken by Ozow in accordance with  these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on theInternet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any otherPerson’s, computer, mobile telephone or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that

- an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or

- a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards or expectation.

Indemnification

All Entrants, and in the event of  an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any  other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental,  punitive or consequential) of any nature, whether arising from negligence or  any other cause, relating to any injury, loss, liability, expense and/or  damage which an Entrant may suffer, howsoever arising, in relation to such  Entrant’s entry into the Competition and/or acceptance and/or use by  such Entrant of a Prize.

Applicable law

These rules will be construed,  interpreted and enforced in accordance with the laws of the Republic of South  Africa.  

Consumer Protection Act, 68 of 2008 (“CPA”)

The Competition  is regulated by the CPA  and it is not intended that any provision of these rules contravenes any  provision of the CPA. Therefore all provisions of these rules must be treated  as being qualified by the CPA, if necessary, to ensure that the provisions of  the CPA are complied with.

Dispute

If any dispute arises in relation  to the Competition and its rules, the decision of Ozow shall be final and no  correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded in printable form below.

Download Rules

Download and Transact with Ozow.ME and you could win R10k daily

COMPETITION RULES
Download and Transact with Ozow.ME and you could win R10k daily

Read these competition rules carefully (“rules”). These rules explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you, and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition details

This Competition is sponsored and promoted by Ozow Proprietary Limited (reg. no. 2013/214663/07) (“Ozow”).

 

Any reference to Ozow includes any person which, directly or indirectly isControlled by Ozow, or Controls Ozow and any directors, officers, employees, agents, and representatives of Ozow. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition Period

13 December 2022 to midnight on 22 December 2022

Who can enter ?

Any natural person who is a resident of  South Africa may enter.

How to enter ?

To enter, Entrants will need to:

1.      Download  the Ozow.ME application (either from the Google Play or Apple App Store);

2.     Register  for the Ozow.ME pocket feature on Ozow.ME (“Pocket”);

3.     Top-Up  Pocket on Ozow.ME; and

4.     Post  a screenshot of the screen on Ozow.ME stating “Great! Your top up has been successful” on Facebook, Twitter or Instagram and tag Ozow using #PaymentsForEveryone

 

It is the responsibility of all Entrants  to ensure that their entry is received by Ozow prior to the end of the  Competition Period. Any entries that are not received during the Competition  Period will not be eligible to participate, regardless of the reason. Ozow  will not be responsible for any entries which are not received by Ozow,  whether timeously or at all, regardless of the cause thereof.

How many winners will be chosen?

1  Winner per day for the duration of the Competition Period, provided all 4 steps under “how to enter” was followed by Entrants. Each Winner will only be eligible to receive 1 Prize during the Competition Period.

Prizes

R10k cash per day which will be deposited in theWinner’s Pocket. The Prize may not be deferred, changed, or exchanged for any other item or for cash and is subject to any terms, conditions and/or limitations contained in such voucher.

WINNER SELECTION

How will winners be chosen and when will  they be notified?

Each  day over the entire Competition Period, Ozow will select a Winner from the  pool of Entrants who posted a screenshot of their successful Pocket top up  screen using #OzowME at random by a computer-generated programme  operated by Ozow in terms of which a winner will be drawn (“draw/s”).

Such  draws will take place daily or at the end of the Competition period, at  Ozow’s discretion. The  first appearing Entrant in the draw shall, subject to successful verification  by Ozow of the Entrant completing each of the 4 steps under “how to enter"  above, be the Winner of the Prize for the relevant day in the Competition  Period. Ozow  will further select numerous additional Entrants in order to cater for any  forfeiting of Prizes (“Backup Winners”). If any of the steps under “how to enter” above were not followed, the  Winner will forfeit their prize and Ozow will reserve the right to award the  Prize to a Backup Winner (subject to successful verification as stated above).  The  determination of the draw and verification of the steps under “how to  enter” above by Ozow will be final and no related correspondence will be  entered into. Each  Winner will be notified of their winnings by Ozow, shortly after the draw and  successful verification.

The  Winner shall be required to agree to the winnings and to allow Ozow to publish  the Winner's name on their website and various social media platforms,  including but not limited to Facebook, Instagram, YouTube, Twitter and GDN.

Ozow  will attempt to contact each Winner at least 2 times. If Ozow are unable to  contact a Winner, or a Winner declines the Prize or to allow their name to be  published by Ozow, such Winner will forfeit his/her/their prize, and Ozow  reserve the right to award such prize to the next Entrant from the Backup  Winners. If  such new Winner agrees to accept the Prize and the publishing of their name  subject to these rules, they will be a Winner of a Prize in the Competition.

Once a  Winner has agreed to the Prize and to the publishing of his/her/their name,  Ozow may announce the name of the Winner on its website and/or various social  media platforms, at their selection, including but not limited to Facebook,  Instagram, YouTube, Twitter and Google Display Network (“GDN”).

The  announcement of a Winner (or Winners) by Ozow will be done daily or after the  end of the Competition Period, at Ozow’s discretion.

GENERAL

Who cannot enter?

People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of 18 must obtain permission from their parents or guardians before entering theCompetition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt / possession of a Prize if that Entrant becomes a Winner.

Directors, members, shareholders, agents, consultants, or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.

The suppliers of any goodsor services in respect of the Competition.

Entry fees

There are no entry fees to participate in  this Competition.

Additional fees

The data costs, or any other  costs, incurred by an Entrant in the ordinary course of business will apply  during the Competition Period.

Is there a limit on the number entries?

There is no limit on the number  of entries in this Competition, but each Entrant can only win once over the  Competition Period.

Who may not win a prize?

An Entrant may not win a Prize if it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win  a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of these rules, then, without prejudice to any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won a Prize).

How will the prize be claimed?

The logistics involved for the delivery or payment of the Prize (as the case may  be) to Winners will be made within one month of the notification of the Winners, by Ozow, or such other time period that is communicated to the Winners.  

Personal information

The terms and conditions applicable to the processing of personal information (“PI”) (as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have  agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees that by entering the Competition:

1.      Ozow may contact you using written, electronic, or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you to Ozow, now or in the future, regarding Ozow or the use of Ozow’s services. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;

2.     you may receive any form of advertising, including by way direct or indirect marketing, electronic marketing, or tele-marketing in relation to Ozow, or the use of Ozow’s services; and

3.     Ozow may process and/or store any of your PI trans-border, specifically in theAmazon Web cloud hosting Services.

For further information, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite each Winner to be present when the Winners are announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winners may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary.

In the event of such variation, postponement, suspension, or cancellation, Ozow agrees to waive any rights, interests, and expectations that any Entrants or Winners may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Changes to Competition/rules

Ozow reserves the right to modify the Competition rules at any time at its discretion. The rules posted at any time via the website (www.ozow.com) shall be deemed to be the rules then in effect. We recommend that you check the rules on a regular basis in order to keep abreast of any updates to these rules or the Competition as Ozow does not bear the responsibility of updating you of any amendments or revisions.

Additional information

Ozow may require each Winner to provide Ozow with additional information and  documentation in order to process, confirm and facilitate each Winner’s acceptance and delivery of their Prize. If any Winner refuses to provide Ozow  with the requested information or documentation, such Winner will forfeit  their Prize.

Liability

If  any Entrant fails to comply with any of these rules, then, without prejudice  to any other remedy which Ozow may have,

·         such  Entrant will be automatically disqualified, and such Entrant will forfeit  their Prize (in the event that such Entrant has already won a Prize);

·         an  Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly  or indirectly as a result of non-compliance, including all legal costs  (including attorney and own client costs) which Ozow may incur in taking any  steps pursuant to an Entrant and/or Winner’s non-compliance; and

·         such  Entrants and Winners indemnify and hold Ozow, as applicable, harmless against  any claim by any Person, (whether direct, indirect, incidental, punitive, or  consequential) of any nature, whether arising from negligence or any other  cause, relating to any death, injury, loss and/or damage which may be  suffered howsoever arising in relation to such Entrants’ or Winners’ failure  to comply herewith.

Ozow’s  decision on any matter concerning the Competition and/or arising out of these  rules is final and binding on all Entrants and Winners.

Ozow will not be responsible, and  disclaim all liability, for any loss, liability, injury, expense or damage  (whether direct, indirect, incidental, punitive or consequential) of any  nature, whether arising from negligence or any other cause, which is suffered  by any Entrant’s participation in the Competition; the acceptance and/or use  by any Winner of any Prize; or by any action taken by Ozow in accordance with  these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on theInternet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any otherPerson’s, computer, mobile telephone, or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that – an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or

a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards, or expectation.

Indemnification

All Entrants, and in the event of an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant may suffer, howsoever arising, in relation to such Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

Applicable law

These rules will be construed, interpreted,  and enforced in accordance with the laws of the Republic of South  Africa.  

ConsumerProtection Act, 68 of2008 (“CPA”)

The Competition  is regulated by the CPA,  and it is not intended that any provision of these rules contravenes any  provision of the CPA. Therefore all provisions of these rules must be treated as being qualified by the CPA, if necessary, to ensure that the provisions of  the CPA are complied with.

Dispute

If any dispute arises in relation to the Competition and its rules, the decision of Ozow shall be final and no correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded in printable form from here.

Download Rules

Zero-Rated Terms and Conditions

1. Introduction

1.1. Ozow Proprietary Limited (“Ozow”) offers zero-rated billing (“ZR Billing”) on Ozow.ME, payment requests (sent by Ozow through SMS), QR channels and other services determined from time to time service (e.g. the payment flow on pay.ozow.io and PWA) (“Ozow Services”). The use of ZR Billing essentially means that Ozow will carry certain data consumption charged to you for your use of the Ozow Services: you can therefore access Ozow services free of charge, up to a certain capped amount.

1.2. Ozow provides ZR Billing to customers of the following service providers:

1.2.1. MTN;

1.2.2. Vodacom;

1.2.3. Cell C; and

1.2.4. Telkom.

1.3. In addition to the consent and general terms and conditions set out below, depending on what service provider you use, there might be additional terms and conditions applicable to you for the use of ZR Billing. Please ensure that you have familiarized yourself with the terms and conditions applicable to your service provider.

2. Consent

2.1. We care about your privacy. As a responsible payment solutions service, secure processing of your personally identifiable information (“Personal Information”) is of utmost importance to us. As such, we ensure that we collect, use, store and transfer (“process”), and as defined in the Protection of Personal Information Act 2013 (“POPI")) your Personal Information in keeping with laws and regulations that are aimed at protecting the integrity of your Personal Information.

2.2. By continuing use of the Ozow Services, you explicitly confirm that:

2.2.1. you agree with the terms of these Terms and Condition, Ozow’s Privacy Policy (“Privacy Policy”) and Promotion of Access to Information Act No. 2 of 2000 manual (“PAIA Manual”). It is important that you read these Terms and Conditions together the Privacy Policy and PAIA Manual so that you are fully aware of how and why we are using your Personal Information. These are available on www.ozow.com;

2.2.2. you are older than 18 years old and have legal capacity to conclude legally binding contracts. We do not have any intention of collecting or processing Personal Information for individuals that do not have the legal capacity to conclude legally binding contracts;

2.2.3. you consent to the processing (as defined in POPI), sharing or transferring of your Personal Information by Ozow, on Ozow corporate systems, to other entities, agents, Ozow affiliates, subcontractors, or to other relevant business partners (including any of the service providers), and that Ozow may store your Personal Information on a “cloud-based” Amazon web platform in South Africa and the European Union. In doing so you acknowledge that you understand and accept the purposes for which your Personal Information is required and for which it will be used. When making such transfers, Ozow will ensure that the necessary protections are in place to safeguard your Personal Information transferred in accordance with applicable laws;

2.2.4. you consent to Ozow, any of its affiliates and service providers making contact with you using written, electronic or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you to Ozow, now or in the future. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;

2.2.5. you consent to receiving any form of advertising, including by way direct or indirect marketing, electronic marketing or tele-marketing in relation to Ozow’s services, products and otherwise; and

2.2.6. you undertake to provide Ozow with accurate and up to date information, including Personal Information, and will update same if these become outdated or incorrect.

2.3. By communicating electronically with us through the use of the Ozow Services and proceeding with your payment, you confirm that you have read and consent to these Terms and Conditions, the Privacy Policy and the PAIA Manual.

2.4. For further information in relation to the above, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at legal@ozow.com.

2.5. Ozow hereby notifies you that each/any service provider might use and/or process your Personal Information in the following ways:

2.5.1. Processing Personal Information for maintaining the security, integrity and quality of the telecommunications network and related services, which may include interception, monitoring or recording of communications in accordance with applicable law;

2.5.2. Processing for the service provider’s own market research and analysis in order to develop and improve its products, services and commercial propositions. Such Processing may include providing your Personal Information to third parties; and

2.5.3. Disclosing of your Personal Information by the service provider to third parties:

2.5.3.1. if required by applicable law, court order or Privacy Authority; or

2.5.3.2. where such third parties are sub-contracted processors of the service provider and they provide the service provider with confidentiality undertaking.

2.6. Objections to transfer of Personal Information:

2.6.1. If at any time you object to the transfer of your Personal Information, the transfer of the Personal Information shall as soon as reasonably practicable be suspended until the dispute is resolved.

2.6.2. If at any time a service provider receives notice of an objection from a Privacy Authority to the transfer or collection, processing and use of the Personal Information, the service provider shall, as soon as reasonably practicable suspend or cease the transfer or collection, and take such other steps as the Privacy Authority may direct.

3. The following terms and conditions apply to consumers across all service providers

3.1. ZR Billing are only applicable for use within the South African borders, and if used through one of the service providers listed above.

3.2. ZR Billing will be capped at a certain amount. This means that there will be a monthly limit on the amount of free use of the Ozow Services that will be available to all customers (including you) per month. This could mean that, due the limit being reached in a particular month, you might not benefit from the free use of the Ozow Services, and as such will be liable for any costs related to the accessing or use of the Ozow Services. By continuing use of the Ozow Services, you confirm that you are informed of this limit applied to ZR Billing.

3.3. ZR Billing shall not be available to you whilst roaming internationally. Standard data roaming rates will apply and will be charged as out of bundle usage to you, at the rates communicated by your specific service provider, and not Ozow.

3.4. If you explore the internet in a random and unplanned way that results in you no longer browsing the predefined IP address, Port and URL access URLs, IP addresses and or Ports that are not within provided for the Ozow Services, you will incur the costs thereof.

3.5. Where Ozow provides IPs, URLs and Port information but you have a proxy configured, ZR Billing will not work and thus you will not be able to access the Ozow Services free of charge. To avoid this, please remove any existing proxy settings to make use of ZR Billing. Browsers that utilize encryption and proxy technologies that result in the URLs or IPs of websites being blocked in any manner will not qualify for ZR Billing. Such connections will be subject to standard data costs payable by you.

3.6. Ozow reserves the right to suspend and/or terminate any part of ZR Billing in relation to any/all Ozow Services on any of the service providers at its sole discretion, at any time, and due to any reason. If such occurs, you accept that you will then be liable for all costs associated with using any of the Ozow Services.

4. MTN terms and conditions

4.1. ZR Billing is only:

4.1.1. applicable to MTN subscribers within the South African borders who have MTN mobile data network connectivity; and

4.1.2. available on MTN’s public APN service and is not supported on MTN Private APNs.

4.2. SIM cards in mobile dongles or modems may not be able to receive daily usage notifications.

4.3. Each customer will have 500MB daily limit which is applied across all MTN ZR Billing subscribers (“MTN subscribers”) on a first come first serve basis. This 500MB daily limit does not only apply to ZR Billing, but to all MTN subscribers’ who use other reversed bill URL’s as well, hence the daily limit of an MTN customer could be used up to access other MTN subscribers’ URL services, resulting in the customer being unable to connect free of charge to Ozow’s Services for that particular day. Once the daily limits for the website URL’s and mobile applications are depleted, standard MTN rates will be charged to customers for continued use of the Ozow Services.

4.4. Accessing ZR Billing and Ozow Services will be at your own risk and MTN will not be held liable for any loss or damage suffered in respect to this. This includes you being redirected to a phishing website, and ‘taking the bait’.

5. Vodacom terms and conditions

5.1. The usage and procurement of SIMs for the ZR Billing is governed by the relevant individual airtime contracts for the SIMs.

5.2. The efficient functioning of ZR Billing is dependent upon the GSM Network availability. The GSM Network may temporarily fail, malfunction, provide limited or no coverage, or there may be reception or other transmission malfunctions, failures or errors of whatsoever nature.

5.3. Whilst Vodacom will use its best efforts to secure the uninterrupted supply of ZR Billing and will use reasonable endeavours to make ZR Billing available at all times, Vodacom does not guarantee that there will be no interruptions or periods of unavailability, nor is any level of availability warranted.

6. Telkom terms and conditions

ZR Billing will only be applicable to traffic generated from Telkom mobile subscribers i.e. Telkom SIM cards. Traffic generated from any other operator or medium will not be reverse billed.

7. Cell C terms and conditions

7.1. Any Cell C SIM card will be able to access the specified Ozow Services.

7.2. Standard RICA rules and processes apply when any SIM card that may make use of the Ozow Service is activated.

7.3. All authorised Cell C SIM cards will be able to access the Ozow Services. Cell C cannot set individual usage limits per MSISDN.

7.4. No usage limits will be enforced on any SIM card that you utilise when accessing the specified IP Range.

7.5. All Cell C SIM card holders will be able to access the IP Range if the IP Range is known or disclosed to other Cell C SIM card users. Cell C will not be liable for any direct or indirect loss or damage due to any unauthorised access of the IP Range by a third party.

Social Media Giveaway – you could win a R1,000.00 voucher

COMPETITION RULES
Social Media Giveaway - you could win R1,000.00 voucher

Read these terms and conditions carefully. These competition rules (“rules”)explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition details

This Competition issponsored and promoted by Ozow Proprietary Limited (reg. no. 2013/214663/07) (“Ozow”).

Reference to Ozow includes any person which, directly or indirectly is Controlled by Ozow, or Controls Ozow and any directors, officers, employees, agents and representatives of Ozow. “Control”, as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition Period

Daily competition from 20 June 2023 until midnight on 24 June 2023. Ozow shall at its discretion choose the start and end times on each relevant day.

Prize

A voucher from a selected merchant to the value of R1,000.00.

ThePrize may not be deferred, changed or exchanged for any other item or for cash and is subject to any terms, conditions and/or limitations contained in such voucher. Takealot T&Cs attached to the voucher can be viewed here: https://www.takealot.com/help/promotional-codes-tcs

Superbalist T&Cs attached to the voucher can be viewed here: https://superbalist.com/terms_and_conditions OneDayOnly T&Cs attached to the voucher can be viewed here: https://help.onedayonly.co.za/hc/en-us/articles/8681666625300 Mr Price T&Cs attached to the voucher can be viewed here: https://www.mrp.com/en_za/customer-service/ecommerce-terms-and-conditions/ Mr Delivery T&Cs attached to the voucher can be viewed here: https://www.mrdfood.com/terms

Who can enter and how?

Any natural person who is a resident of South Africa may enter this Competition.

 

To enter, Entrants will need to:

1.      Enterin your name, email and phone number (optional) or any other details on thecompetition landing page

2.     Follow @Ozowpay on social media (either on Twitter, Instagram or Facebook)

3.     Re-share the post on Entrants social media (either on Twitter, Instagram or Facebook)

 

It is the responsibility of all Entrants to ensure that their entry is received by Ozow prior to the end of the Competition Period.

Any entries that are not received during the Competition Period will not be eligible to participate, regardless of the reason. Ozow will not be responsible for any entries which are not received by Ozow, whether timeously or at all, regardless of the cause thereof.

How many winners will be chosen?

1 Winner per day for the duration of the Competition Period (with a limit of 1 Winner in total per day).

Each Winner will only be eligible to receive 1 Prize during the Competition Period.

GENERAL

Who cannot enter?

·     People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of 18 must obtain permission from their parents or guardians before entering theCompetition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt / possession of a Prize if that Entrant becomes a Winner.

·       Directors, members, shareholders, agents, consultants or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.

The suppliers of any goods or services in respect of the Competition.

Entry fees

There are no entry fees to participate in this Competition.

Additional fees

The data costs, or any other costs, incurred by an Entrant in the ordinary course of business will apply during the Competition Period.

Is there a limit on the number entries?

Entrants can only enter once and there will only be one winner per day during the Competition Period.

Who may not win a prize?

Entrants who are at the time of the draw (defined below), already registered on Ozow’s email database are not eligible to win a Prize.

An Entrant may not win aPrize if it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of these rules, then, without prejudice to any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won aPrize).

How will winners be chosen and when will they be notified?

  • The Winners will be determined at random by a computer-generated programme  operated by Ozow in terms of which numerous Entrants will be drawn (“draw”)  for the entire Competition Period. Such draws will take place each day or at  Ozow’s discretion. The first appearing Entrant in the draw shall be the  Winner of the Prize for the relevant day in the Competition Period. Ozow will  further select numerous additional Entrants in order to cater for any  forfeiting of Prizes (“Backup Winners”).
  • The determination of the draw made by Ozow will be final and no related  correspondence will be entered into.
  • Each Winner will be contacted by Ozow, shortly after the draw.
  • The Winner shall be required to agree to the Prize and to allow Ozow to publish  the Winner's name on its website and various social media platforms,  including but not limited to Facebook and Instagram.
  • Ozow will attempt to contact each Winner at least 2 times. If Ozow is unable to  contact a Winner, or a Winner declines the Prize or to allow their name to be  published by Ozow, such Winner will forfeit his/her/their prize, and Ozow reserves  the right to award such prize to the next Entrant from the Backup Winners.
  • If  such new Winner agrees to accept the Prize and the publishing of their name  subject to these rules, that person will be a Winner of a Prize in the Competition.
  • Once a Winner has agreed to the Prize and to the publishing of his/her/their name,  Ozow may announce the name of the Winner on its website and/or various social  media platforms in Ozow’s discretion.
  • The selection and/or announcement of a Winner (or Winners) by Ozow will be done  after the end of the Competition Period, at Ozow’s discretion.

How will the prize be claimed?

The logistics involved for the delivery of the Prize to Winners will be made within one month of the notification of the Winners, by Ozow, or such other time period that is communicated to the Winners.

Personal information

The terms and conditions applicable to the processing of personal information (“PI”) (as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees  that by entering the Competition:

1.      Ozow  may contact you using written, electronic or verbal mediums, as regulated by applicable  law, using any e-mail address or telephone number provided by or made  available by you to Ozow, now or in the future, regarding Ozow or the use of  Ozow’s services. This consent includes, but is not limited to, contact by  manual calling method, pre-recorded or artificial voice messages, text  messages, emails, automatic telephone dialling systems, and/or contract by  way of social media platforms;

2.     you  may receive any form of advertising, including by way direct or indirect  marketing, electronic marketing or tele-marketing in relation to Ozow, or the  use of Ozow’s services; and

3.     Ozow  may process and/or store any of your PI trans-border, specifically in the  Amazon Web cloud hosting Services.

For further information, or should you wish  to opt out of any form of direct or indirect marketing mentioned above,  please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite each Winner to be present when the Winners are announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winners may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary. In the event of such variation, postponement, suspension or cancellation, Ozow agrees to waive any rights, interests and expectations that any Entrants or Winners may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Additional information

Ozow may require each Winner to provide Ozow with additional information and documentation in order to process, confirm and facilitate each Winners’ acceptance and delivery of their Prize. If any Winner refuses to provide Ozow with the requested information or documentation, such Winner will forfeit theirPrize.

Liability

If  any Entrant fails to comply with any of these rules, then, without prejudice  to any other remedy which Ozow may have,

- such  Entrant will be automatically disqualified, and such Entrant will forfeit  their Prize (in the event that such Entrant has already won a Prize);

- an  Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly  or indirectly as a result of non-compliance, including all legal costs  (including attorney and own client costs) which Ozow may incur in taking any  steps pursuant to an Entrant and/or Winner’s non-compliance; and

- such  Entrants and Winners indemnify and hold Ozow, as applicable, harmless against  any claim by any Person, (whether direct, indirect, incidental, punitive or  consequential) of any nature, whether arising from negligence or any other  cause, relating to any death, injury, loss and/or damage which may be  suffered howsoever arising in relation to such Entrants’ or Winners’ failure  to comply herewith.

Ozow’s  decision on any matter concerning the Competition and/or arising out of these  rules is final and binding on all Entrants and Winners.

Ozow will not be responsible, and  disclaims all liability, for any loss, liability, injury, expense or damage  (whether direct, indirect, incidental, punitive or consequential) of any  nature, whether arising from negligence or any other cause, which is suffered  by any Entrant’s participation in the Competition; the acceptance and/or use  by any Winner of any Prize; or by any action taken by Ozow in accordance with  these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on theInternet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any otherPerson’s, computer, mobile telephone or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that

- an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or

- a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards or expectation.

Indemnification

All Entrants, and in the event of  an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any  other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental,  punitive or consequential) of any nature, whether arising from negligence or  any other cause, relating to any injury, loss, liability, expense and/or  damage which an Entrant may suffer, howsoever arising, in relation to such  Entrant’s entry into the Competition and/or acceptance and/or use by  such Entrant of a Prize.

Applicable law

These rules will be construed,  interpreted and enforced in accordance with the laws of the Republic of South  Africa.  

Consumer Protection Act, 68 of 2008 (“CPA”)

The Competition  is regulated by the CPA  and it is not intended that any provision of these rules contravenes any  provision of the CPA. Therefore all provisions of these rules must be treated  as being qualified by the CPA, if necessary, to ensure that the provisions of  the CPA are complied with.

Dispute

If any dispute arises in relation  to the Competition and its rules, the decision of Ozow shall be final and no  correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded in printable form below.

Download Rules

Download and Transact with Ozow.ME and you could win R10k daily

COMPETITION RULES
Download and Transact with Ozow.ME and you could win R10k daily

Read these competition rules carefully (“rules”). These rules explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you, and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition details

This Competition is sponsored and promoted by Ozow Proprietary Limited (reg. no. 2013/214663/07) (“Ozow”).

 

Any reference to Ozow includes any person which, directly or indirectly isControlled by Ozow, or Controls Ozow and any directors, officers, employees, agents, and representatives of Ozow. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition Period

13 December 2022 to midnight on 22 December 2022

Who can enter ?

Any natural person who is a resident of  South Africa may enter.

How to enter ?

To enter, Entrants will need to:

1.      Download  the Ozow.ME application (either from the Google Play or Apple App Store);

2.     Register  for the Ozow.ME pocket feature on Ozow.ME (“Pocket”);

3.     Top-Up  Pocket on Ozow.ME; and

4.     Post  a screenshot of the screen on Ozow.ME stating “Great! Your top up has been successful” on Facebook, Twitter or Instagram and tag Ozow using #PaymentsForEveryone

 

It is the responsibility of all Entrants  to ensure that their entry is received by Ozow prior to the end of the  Competition Period. Any entries that are not received during the Competition  Period will not be eligible to participate, regardless of the reason. Ozow  will not be responsible for any entries which are not received by Ozow,  whether timeously or at all, regardless of the cause thereof.

How many winners will be chosen?

1  Winner per day for the duration of the Competition Period, provided all 4 steps under “how to enter” was followed by Entrants. Each Winner will only be eligible to receive 1 Prize during the Competition Period.

Prizes

R10k cash per day which will be deposited in theWinner’s Pocket. The Prize may not be deferred, changed, or exchanged for any other item or for cash and is subject to any terms, conditions and/or limitations contained in such voucher.

WINNER SELECTION

How will winners be chosen and when will  they be notified?

Each  day over the entire Competition Period, Ozow will select a Winner from the  pool of Entrants who posted a screenshot of their successful Pocket top up  screen using #OzowME at random by a computer-generated programme  operated by Ozow in terms of which a winner will be drawn (“draw/s”).

Such  draws will take place daily or at the end of the Competition period, at  Ozow’s discretion. The  first appearing Entrant in the draw shall, subject to successful verification  by Ozow of the Entrant completing each of the 4 steps under “how to enter"  above, be the Winner of the Prize for the relevant day in the Competition  Period. Ozow  will further select numerous additional Entrants in order to cater for any  forfeiting of Prizes (“Backup Winners”). If any of the steps under “how to enter” above were not followed, the  Winner will forfeit their prize and Ozow will reserve the right to award the  Prize to a Backup Winner (subject to successful verification as stated above).  The  determination of the draw and verification of the steps under “how to  enter” above by Ozow will be final and no related correspondence will be  entered into. Each  Winner will be notified of their winnings by Ozow, shortly after the draw and  successful verification.

The  Winner shall be required to agree to the winnings and to allow Ozow to publish  the Winner's name on their website and various social media platforms,  including but not limited to Facebook, Instagram, YouTube, Twitter and GDN.

Ozow  will attempt to contact each Winner at least 2 times. If Ozow are unable to  contact a Winner, or a Winner declines the Prize or to allow their name to be  published by Ozow, such Winner will forfeit his/her/their prize, and Ozow  reserve the right to award such prize to the next Entrant from the Backup  Winners. If  such new Winner agrees to accept the Prize and the publishing of their name  subject to these rules, they will be a Winner of a Prize in the Competition.

Once a  Winner has agreed to the Prize and to the publishing of his/her/their name,  Ozow may announce the name of the Winner on its website and/or various social  media platforms, at their selection, including but not limited to Facebook,  Instagram, YouTube, Twitter and Google Display Network (“GDN”).

The  announcement of a Winner (or Winners) by Ozow will be done daily or after the  end of the Competition Period, at Ozow’s discretion.

GENERAL

Who cannot enter?

People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of 18 must obtain permission from their parents or guardians before entering theCompetition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt / possession of a Prize if that Entrant becomes a Winner.

Directors, members, shareholders, agents, consultants, or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.

The suppliers of any goodsor services in respect of the Competition.

Entry fees

There are no entry fees to participate in  this Competition.

Additional fees

The data costs, or any other  costs, incurred by an Entrant in the ordinary course of business will apply  during the Competition Period.

Is there a limit on the number entries?

There is no limit on the number  of entries in this Competition, but each Entrant can only win once over the  Competition Period.

Who may not win a prize?

An Entrant may not win a Prize if it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win  a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of these rules, then, without prejudice to any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won a Prize).

How will the prize be claimed?

The logistics involved for the delivery or payment of the Prize (as the case may  be) to Winners will be made within one month of the notification of the Winners, by Ozow, or such other time period that is communicated to the Winners.  

Personal information

The terms and conditions applicable to the processing of personal information (“PI”) (as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have  agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees that by entering the Competition:

1.      Ozow may contact you using written, electronic, or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you to Ozow, now or in the future, regarding Ozow or the use of Ozow’s services. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;

2.     you may receive any form of advertising, including by way direct or indirect marketing, electronic marketing, or tele-marketing in relation to Ozow, or the use of Ozow’s services; and

3.     Ozow may process and/or store any of your PI trans-border, specifically in theAmazon Web cloud hosting Services.

For further information, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite each Winner to be present when the Winners are announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winners may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary.

In the event of such variation, postponement, suspension, or cancellation, Ozow agrees to waive any rights, interests, and expectations that any Entrants or Winners may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Changes to Competition/rules

Ozow reserves the right to modify the Competition rules at any time at its discretion. The rules posted at any time via the website (www.ozow.com) shall be deemed to be the rules then in effect. We recommend that you check the rules on a regular basis in order to keep abreast of any updates to these rules or the Competition as Ozow does not bear the responsibility of updating you of any amendments or revisions.

Additional information

Ozow may require each Winner to provide Ozow with additional information and  documentation in order to process, confirm and facilitate each Winner’s acceptance and delivery of their Prize. If any Winner refuses to provide Ozow  with the requested information or documentation, such Winner will forfeit  their Prize.

Liability

If  any Entrant fails to comply with any of these rules, then, without prejudice  to any other remedy which Ozow may have,

·         such  Entrant will be automatically disqualified, and such Entrant will forfeit  their Prize (in the event that such Entrant has already won a Prize);

·         an  Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly  or indirectly as a result of non-compliance, including all legal costs  (including attorney and own client costs) which Ozow may incur in taking any  steps pursuant to an Entrant and/or Winner’s non-compliance; and

·         such  Entrants and Winners indemnify and hold Ozow, as applicable, harmless against  any claim by any Person, (whether direct, indirect, incidental, punitive, or  consequential) of any nature, whether arising from negligence or any other  cause, relating to any death, injury, loss and/or damage which may be  suffered howsoever arising in relation to such Entrants’ or Winners’ failure  to comply herewith.

Ozow’s  decision on any matter concerning the Competition and/or arising out of these  rules is final and binding on all Entrants and Winners.

Ozow will not be responsible, and  disclaim all liability, for any loss, liability, injury, expense or damage  (whether direct, indirect, incidental, punitive or consequential) of any  nature, whether arising from negligence or any other cause, which is suffered  by any Entrant’s participation in the Competition; the acceptance and/or use  by any Winner of any Prize; or by any action taken by Ozow in accordance with  these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on theInternet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any otherPerson’s, computer, mobile telephone, or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that – an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or

a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards, or expectation.

Indemnification

All Entrants, and in the event of an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant may suffer, howsoever arising, in relation to such Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

Applicable law

These rules will be construed, interpreted,  and enforced in accordance with the laws of the Republic of South  Africa.  

ConsumerProtection Act, 68 of2008 (“CPA”)

The Competition  is regulated by the CPA,  and it is not intended that any provision of these rules contravenes any  provision of the CPA. Therefore all provisions of these rules must be treated as being qualified by the CPA, if necessary, to ensure that the provisions of  the CPA are complied with.

Dispute

If any dispute arises in relation to the Competition and its rules, the decision of Ozow shall be final and no correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded in printable form from here.

Download Rules

Ozow.ME: Merchant Ts & Cs

1. Introduction

These Ts and Cs cover your use, as a merchant, of Ozow.ME (or any derivative of the name by Ozow).

Ozow reserves the right to update these terms and conditions without prior notice, and such updates may occur from time to time. It is your responsibility to check these Terms and Conditions on a regular basis in order to keep abreast of any updates.

Ozow has the right to terminate your use of Ozow.ME at any time, at its sole discretion.

You agree to comply with these terms in addition to your separate agreement with Ozow which, amongst other things, governs your use of the Ozow service (the “Underlying Agreement”). In the event of a conflict between these Ts and Cs and the Underlying Agreement, Ozow has the sole right of election of the preferred and relevant clause.

2.  Warranties

As a user of Ozow.ME, you warrant that:

Only employees with adequate internal authorization will have access to utilize Ozow.ME, agree to these Ts and Cs and process and request transactions;

all information provided by you to Ozow in connection with your use of Ozow.ME, including but not limited to any transaction requested through Ozow.ME, and the performance of your obligations hereunder is and shall remain true and correct in all respects;

any transaction amount has been verified by you based on supporting documentation;

you have and will retain for a period of 5 years, or other longer period imposed by any applicable law, adequate documentation to prove that the transaction was justified in the circumstances;

you will not engage in any conduct that brings or is likely to bring the reputation of Ozow into disrepute; all aspects of any transactions requested and/or processed using Ozow.ME comply with applicable law;

you will, for purposes of receiving funds using Ozow.ME, and the Ozow service in general, only receive funds in your South African resident bank account and that you do not utilise any non-resident bank account for purposes of Ozow.ME or the Ozow Service;

you will, as soon as reasonably practicable and at no cost to Ozow give to Ozow (in writing if so requested), all such information and reports as Ozow may reasonably require in connection with your use of Ozoq.ME; and

you will not take any action (or, as the case may be, omit to take any action) which may directly or indirectly cause Ozow to infringe or misappropriate the intellectual property of any third party.

3. Liability

You acknowledge that Ozow shall not be responsible for instances that are outside of its control, which include:

Any actions or inactions by you that result in a loss of service; any inaccuracies in amounts paid as a result of the information provided by you;

any events or outages affecting the Ozow system and Ozow service that are outside of the authority, control and / or responsibility of Ozow; any delays in the settlement of transaction funds; and/or

non-settlement of transaction funds.You agree that Ozow’s liability towards you is limited to direct damages that arise as a result of the negligence or acts or omissions of its employees, agents or representatives in the performance of their duties. Ozow shall not be liable for any loss of profit or revenue, indirect, special, or consequential loss or damages of whatever kind, whether arising in contract, delict or otherwise, suffered by you. In no event will Ozow’s aggregate liability in respect of any claims relating to these Ts and Cs or your use of Ozow.ME, exceed the transaction fees paid or would have been payable by you to Ozow (in terms of the Underlying Agreement) for the 12 (twelve) month period immediately preceding the date on which the claim arose. Ozow does not exclude or limit its liability for any damages arising from its wilful or fraudulent conduct, or for any matter for which it would be illegal for to do so.

4. Indemnity

You agree to indemnify Ozow, its directors, officers, employees and agents against all losses which may directly or indirectly arise out of or in connection with:

A breach by the you of any of your obligations under these Terms and Conditions;

the negligent, wilful or fraudulent act or omission by you in carrying out or failing to carry out your obligations under these Ozow.ME Ts and Cs;

for any claims arising against Ozow from a customer or any third party in relation to your use of Ozow.ME; and/or inaccurate information provided by you or your customer.

5. The Protection of Personal Information Act (“POPIA”)

Ozow processes personal information (“PI”) in terms of its privacy policy available at https://ozow.com/privacy-policy/.You agree to comply with POPIA in the event that you are a responsible party as defined therein. In your use of Ozow.ME and the Ozow service in general, in the event that you are an operator in terms of POPIA, you agree to:

Process PI in such a manner that is reasonable, adequate, relevant, non-excessive, purpose-specific and non-infringing of the relevant individual’s privacy;

secure the integrity and confidentiality of PI in your possession or under your control by taking appropriate, reasonable technical and organisational measures to prevent (a) loss of, damage to or unauthorised destruction of PI and (b) unlawful access to or processing of PI;

take reasonable measures to (a) identify all reasonably foreseeable internal and external risks to such PI; (b) establish and maintain appropriate safeguards against such risks; (c) regularly verify that the safeguards are effectively implemented, and (d) ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards;

have due regard to generally accepted information security practices and procedures which may apply to you generally or be required in terms of the specific industry or professional rules and regulations;

immediately notify Ozow if there are reasonable grounds to believe that any PI has been accessed or acquired by an unauthorised person; and

take appropriate security safeguards against the unauthorised or unlawful processing of PI obtained from the other party and against the accidental loss or destruction of, or damage to, such PI to ensure a level of security appropriate to the harm that might result therefrom.

6. Dispute Resolution

You agree that any dispute arising from these Ts and Cs shall be submitted to mediation, failing which, the dispute shall be submitted to binding arbitration governed by the Arbitration Act, 1965, or any replacement Act and shall take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa (“AFSA”). The arbitration proceeding shall be conducted by a mutually agreed upon arbitrator of AFSA and shall be held in Johannesburg, South Africa and the judgment upon the award rendered may be entered and enforced in any court of competent jurisdiction. Nothing contained in this paragraph 6 shall prohibit a party from approaching any court of competent jurisdiction for urgent interim relief pending determination of the dispute by arbitration, and for this purpose the parties consent to the non-exclusive jurisdiction of the Gauteng Local Division of the High Court of South Africa, Johannesburg.

7. Consumer Use

Consumer use of Ozow.ME is subject to the Privacy Policy, Zero-Rated T’s and C’s and Ozow.ME: Consumer T’s and C’s (which can be accessed at https://ozow.com/privacy-policy/).

Ozow.ME: Consumer Ts & Cs

1.     Introduction

 

1.1.   These terms and conditions are between you and Ozow (Pty) Ltd (“Ozow”,“us”, or “we”). You agree to these terms by using Ozow.ME.

1.2.  These terms form an agreement between us, so please make sure that you understand all of them. Certain of our terms may limit our responsibility or involve some risk for you.

1.3.  We may terminate, close, or suspend your use of Ozow.ME and its features at any time in our discretion, in particular if we are unable to verify your identity, cannot comply with anti-money laundering or Know-Your-Customer requirements, do not receive requested information from you, or suspect any illegal or prohibited conduct of your Ozow.ME account.

 

2.    Age Restriction

 

2.1.  Only persons 18 years and older are allowed to use Ozow.ME.

2.2.  By using Ozow.ME you represent and warrant that:

2.2.1.    you are 18 years or older, emancipated, or your guardian or parent consented to you using Ozow.ME and entering into this agreement; and

2.2.2.   you are a lawful resident of South Africa.

 

3.    Updates  

 

3.1.  Ozow reserves the right to update these terms from time to time without notice to you.

3.2.  It is important to regularly check these terms for updates to ensure that you are aware of any changes that may affect your use of Ozow.ME and its features. This can help you to avoid any potential issues that may arise as a result of not being informed of changes.

 

4.    Service Overview

 

4.1.  Ozow.ME is a progressive web application allowing you to, amongst other things, receive and make payments with your smart device, create your own payment QR code or send an SMS payment link from one person to another.

4.2. Ozow.ME features a digital wallet known as “Pocket”,allowing you to top up, send, pay from, and withdraw money in one place.

4.3.  Pocket is made available to you in conjunction with Ukheshe Payment Solutions (Pty) Ltd (“UPS”)and Ukheshe Technologies (Pty) Ltd (“UT”) (collectively referred to as “Ukheshe”).UPS is a registered Financial Services Provider (FSP No. 45133), Third Party Payments Processor registered with the Payments Association of South Africa, and a Merchant Aggregator registered with MasterCard and Nedbank (TPPP). UT is a System Operator, and Ozow is Ukheshe’s marketing agent. While Ozow is not an accountable institution or a bank, outside of the Services provided by Ukheshe, Ozow provides automated electronic fund transfer services as a System Operator registered with PASA in relation to certain ancillary aspects related to the Services (e.g., topping up a wallet).

4.4.  These terms apply together with the Pocket Terms and Conditions, which will apply to you when you sign-up for and register your Pocket. It is important that you read these additional terms carefully and ensure that you understand and comply with them, as they will govern your use of Pocket. Failure to comply with these terms may result in consequences such as account suspension or termination, so it is important to take them seriously.

 

5.    Value Added Services

 

5.1.  Ozow.ME enables you to purchase of certain value added services, such as electricity, airtime, and data (“VAS Products”)from selected third party providers and merchants (“Provider/s”).  

5.2. An updated list of VAS Products will always appear in Ozow.ME. We may from time to time and without prior notice to you add or remove one or more VAS Products from Ozow.ME.  

5.3. The VAS Products that you purchase or utilise is made available to you by the applicable Provider and not by us.

5.4. We will not be liable for any complaint, claim, or dispute that you may have in relation to the VAS Products. Ozow will assist as far as possible with the resolution of any queries that you may have, but you contract directly with the Provider of VAS Products.

5.5. You will receive an electronic confirmation which will be made available to you within Ozow.ME when you purchased VAS Products (for example, you will receive a digital voucher or pin to unlock the value of the electricity, data, or airtime purchased).

5.6. You can view all your VAS Product transactions within Ozow.ME.

5.7. Please take special note of the terms below as it relates to electricity, airtime, and data purchases:

 

5.7.1.    Electricity

5.7.1.1.Purchases cannot be reversed, and no refunds will be made for electricity purchased for the incorrect meter number. It is important to ensure that the meter number and amount is correct when purchasing electricity.

5.7.1.2.         While Ozow provides the mechanism within which you can purchase VAS Products, Ozow is not a party to any agreement in terms of which VAS Products are obtained by you. The purchase of VAS Products is subject to the Providers terms and conditions which you can access on their respective websites.  

5.7.1.3.         Note that certain VAS Products are subject to expiry dates determined by the relevant Provider.

5.7.1.4.         Outstanding fees or arrears on your municipal account might be deducted by the relevant municipality or Eskom SOC Limited from the recharge amount purchased.

5.7.1.5.         Ensure that any voucher or key tokens are correctly entered into your meter in the order indicated.

 

5.7.2.    Airtime and Data

5.7.2.1.         Purchases cannot be reversed, and no refunds will be made for airtime or data purchased.It is important to ensure that you select the correct service provider, bundle type, mobile number and the accuracy of the information provided

5.7.2.2.        No exchanges or refunds are made for airtime or data packages purchased for the incorrect amount or the incorrect number.

5.7.2.3.        While Ozow provides the mechanism within which you can purchase VAS Products, Ozow is not a party to any agreement in terms of which VAS Products are obtained by you. The purchase of VAS Products is subject to the Provider terms and conditions which you can access on their respective websites.  

5.7.2.4.        Note that certain VAS Products are subject to expiry dates determined by the relevant Provider.

5.7.3   Lotto

Lotto purchases are subject to our Lotto T&Cs.

6.    Loyalty Wallet

6.1.   You can conveniently organise and store all your favourite loyalty cards including retail store loyalty cards, gym memberships, medical aid cards, and more in your “Loyalty Wallet” on Ozow.ME, and access these effortlessly at stores when necessary.

6.2.  To use the Loyalty Wallet you'll need to provide us with your loyalty card details in the manner requested on Ozow.ME.

  1. 2.3.  By using this feature on Ozow.ME, you explicitly acknowledge and consent to providing us with your loyalty card and customer details from the respective loyalty card provider.

6. 2.4.  You may never use another person’s loyalty card without their explicit consent.

  1. 2.5.  We will use our reasonable efforts to ensure theavailability of Ozow.ME so you can access your Loyalty Wallet and utilise it atretailers. However, we cannot guarantee an uninterrupted or fault-free service.

6. 2.6.  Some loyalty cards carry monetary value, offering discount vouchers or money-value vouchers redeemable at retailers. If you choose to take screenshots, it's imperative to securely store them and refrain from sharing them with anyone to prevent them from falling into the wrong hands.

  1. 1.7.  We grant you access to Ozow.ME, and to the fullest extent permitted by law, we shall not be held liable for any loss, injury, or damage arising from your use of the Loyalty Wallet, or from any failure, delay, interruption, or other issues with the provision of Ozow.ME. We do not guarantee the accuracy or validity of loyalty card numbers, promotions, vouchers, discounts, or associated information. It is your responsibility to verify the application of any discounts or promotions with relevant retailers and their validity before making any purchase using your applicable loyalty card.

6. 1.8.  We will always process your personal information inline with applicable laws, including the Protection of Personal Information Act(“POPIA”), and our Privacy Policy 

 

7.    Transactions

 

7.1.  We will act on instructions that appear to have been sent by you. As soon as you submit a payment instruction and comply with the required verification steps, Ozow will be entitled to carry out the instruction. Once the instruction has been carried out by Ozow, it may not be possible to reverse any transaction.

7.2. You need to check that your transaction information, including details of the merchant or Provider, is correct.

7.3. Where you have provided us with instructions, you hereby authorise us to deduct from your Pocket or bank account (if applicable), the value of:

 

7.3.1.    all payments to merchants for purchases made by you using Ozow.ME or Pocket;

7.3.2.   all payments made by you to other Ozow.ME users;

7.3.3.   any payment instruction made by you; and

7.3.4.   any applicable withdrawal or service fees to top up your Pocket or for VAS Product payments.

 

7.4. Ozow is not responsible for loss or damage you may suffer if you accidentally repeat a transaction or provide the incorrect details (for example if you provided us with the incorrect mobile number to top up data or the incorrect meter number for electricity).

7.5. We process your payment instructions in real time. Once you submit a transaction it cannot be reversed. All payments are final and irreversible.

 

8.     Top up Pocket

 

8.1.  You can top up your Pocket by transferring money from any card linked, specific ATMs, and participating retailers; or credit received from a fellow Ozow.ME user

8.2. Money deposited to your Pocket is final and cannot be reversed to the card used or refunded by a participating retailer or a fellow Ozow.ME pocket from which it was paid to your Pocket.

8.3. Deposits to and withdrawal of money from your Pocket will be subject to the Pocket Terms and Conditions.

8.4. You will not earn interest on the money you have in your Pocket.

8.5. Daily and monthly limits apply to deposits to and withdrawals from your Pocket.

8.6.   Money deposited may take up to 2 days to reflect in your Pocket.

9.     Limits on Transactions and Fees

 

9.1.   We do not charge monthly fees for you to use Ozow.ME, but we may charge a fee for certain transactions. We may change this in our discretion.  Please refer to “Withdraw or Service Fees” and “Zero Rated Billing” below.  

9.2.  You will be responsible for all standard data costs associated with the download and use of Ozow.ME and Pocket. These costs are charged by your mobile network operator.

9.3.  Amounts displayed on Ozow.ME are the price that you must pay for your purchase.

9.4.  All prices will include Value Added Tax.

 

9.5.  Limits

9.5.1. You can receive payments using Ozow.ME up to the limits below. These limits may be changed in our discretion from time to time without notice to you:

Per Day  

R10,000.

Per Month

R30,000  

9.5.2.     1.1.1. You must apply with Ozow to register as a merchant to transact over the above limits. To transact over the stated limits you can commence the merchant registration process on Ozow.ME, on Ozow’s website, or contact support@ozow.com for further details.

9.6.    Zero Rated Billing

 

9.6.1. We offer zero-rated billing on Ozow.ME payment requests sent by Ozow through SMS, QR channels and other services we may determine from time to time.

9.6.2.  Zero-rated billing essentially means that we will carry certain data consumption charged to you for your use of the Ozow.Me service up to a certain capped amount. Please refer to “Withdraw or Service Fees” below and our Zero-Rated Terms and Conditions

 

9.7.   Withdraw or Service Fees

 

9.7.1. When withdrawing from Pocket, you will be charged a fee. The fee covers the cost of the transaction and will change based on the way you select to withdraw.

9.7.2.Fees to withdraw are contained in the ‘withdraw fees’ section of Ozow.me.

9.7.3.Note that we may charge a fee for certainVAS Product purchases. The ‘service fees’ that we may charge for VAS Products from time to time are in the service fee section of Ozow.me.

9.7.4. We may change the withdraw and service fees from time to time without notice to you

 

10.     Your Use of Ozow. ME and Warranties

 

10.1.   Your use Ozow.Me and Pocket is at your own risk. We will not be responsible for any loss, theft, or fraud that you may suffer due to your use of Ozow.me or Pocket for any reason.

10.2.  You may not use Ozow.Me or Pocket for transactions that will exceed the total value of the funds held in your Pocket.

10.3.  You can close your Ozow.Me account at any time by contacting us.

10.4.  When you use Ozow.ME, you undertake and warrant that:

10.4.1. you will comply with all relevant legislation, including laws relating to anti-money laundering and counter financing of terrorism;

10.4.2.          you may not use Ozow.Me for unlawful purposes;

10.4.3.          you will be solely responsible for making your own independent appraisal and investigation into the risks of any transaction, including when sending or receiving money;

10.4.4.          you will not engage in any conduct that brings or is likely to bring the reputation of Ozow into disrepute;

10.4.5.          all information to be provided by you to Ozow in connection with your use of Ozow.ME and the performance of your obligations hereunder is and shall remain true and correct in all respects;

10.4.6.          you will, for purposes of receiving funds using Ozow.ME, only receive funds in your South African resident bank account and that you do not utilise any non-resident bank account for purposes of Ozow.ME (this means you have an ordinary bank account with one of the registered banks in South Africa without any limitations or restrictions);

10.4.7.          you are the lawful owner of your South African resident bankaccount; and

10.4.8.          you will not take any action (or, as the case may be, omit to take any action) which may directly or indirectly cause Ozow to infringe or misappropriate the intellectual property of any third party.

 

11.    Registration and Privacy in terms of POPIA

 

11.1.   We will always process your personal information in line with applicable laws, including the Protection of Personal Information Act (“POPIA”),and our PrivacyPolicy .

11.2.  When registering for Ozow.Me and Pocket you agree to us using and/or processing your personal information to provide the Ozow.Me services to you. This will include us sharing your personal information with the relevant banks, service partners and selected Providers.

11.3.  It is your right to refuse to provide us with your personal information, but this refusal may limit our ability to provide the required services to you.

11.4.  We only collect information that is necessary and relevant to the Ozow.Me and its related services. We will keep your information only for as long as we need it, given the purpose for which it was collected, or as is required by applicable law.  

11.5.  You will provide us with personal information including your full name, mobile number, identification number, date of birth, facial recognition data, and email address. Any application for an Ozow.Me account is subject to our and the relevant bank’s approval criteria and may be declined at our sole discretion.

11.6.  At the time of registration, you consent to us processing your personal information for the following purposes:

11.6.1.verifying your identity;  

11.6.2.          providing the financial products and services to you;  

11.6.3.          fraud prevention and detection;  

11.6.4.          market research and statistical analysis;  

11.6.5.          audit and record keeping purposes;  

11.6.6.          to comply with legal and regulatory requirements,

11.6.7.          to detect and prevent money laundering;  

11.6.8.          sharing with service providers who we engage with to process information on our behalf.

 

11.7.  You consent to us performing certain checks on your personal information provided to us to meet our obligations under relevant laws and our internal risk policies. These checks include identity verification with the South African Department of Home Affairs, credit checks and sanction screening for anti-money laundering and know-your-customer purposes.We may request that we obtain additional information and documentation from you to comply with the aforementioned requirements. You agree to provide such information to us when we request it.

11.8.  Should you provide us with any personal information of a third party (e.g., your friend’s cellphone number to buy data or electricity on their behalf), you agree to comply with applicable privacy laws and our privacy policy. When providing such information to us, you confirm that you are authorised to:

11.8.1. give us the personal information;

11.8.2.    consent on the third-party’s behalf to the processing of their personal information; and specifically and cross-border transfer of personal information to, from and outside South Africa; and

11.8.3.          to receive any privacy notices on their behalf.

 

12.    Rewards

 

12.1.   As a benefit to our users, we may from time to time, when you use Ozow.ME, Pocket, or any of the features, offer rewards to you. Such rewards may take the form of cash back or credit to your Pocket, vouchers, or the like.

12.2.  These benefits may be offered in our sole discretion and may be withdrawn, offered, suspended, or terminated by us at any time.

12.3.  Any such rewards will besubject to the relevant campaign terms and conditions that we will display inthe Ozow.ME application.

Should we partner with a third-party Provider or merchant to offer a reward, the rewards may also be subject to additional third party terms and conditions as may be specified.

 

13.    Intellectual Property

 

13.1.    All intellectual property rights and other rights in relation to Ozow.ME belong to us or our third party licensors and shall never pass to you.

13.2.  You are hereby granted a personal, non-exclusive, non-transferable, licence (with no right to sub-licence or transfer) to install a single instance of Ozow.ME onto your mobile phone, subject to these terms.

13.3.  We may provide updates, upgrades, or new releases in our discretion from time to time.

13.4.  You undertake to always use the latest version of Ozow.ME. The relevant App store may notify you of any upgrades, updates, or new releases that are provided to ensure, amongst other things, that Ozow.ME is secure. As such, you are strongly encouraged to install such upgrades, updates, or new releases that are made available by the App store. We will not be liable if you fail to install the latest version.

13.5.  You may not reverse engineer Ozow.ME or any of our services (meaning you may not reproduce them after a detailed examination of Ozow.ME’s construction or composition).

Should you sell your mobile phone on which Ozow.ME is installed, be sure to remove the app before passing on your device to a third party.

 

14.    Liability and Disclaimer

14.1.   You acknowledge and agree that Ozow shall not be liable for instances that are outside of Ozow’s, the relevant bank, or Ukheshe’s control, which include:

 

14.1.1. any actions or inactions by you that result in a loss of the Ozow.ME service;

14.1.2. any inaccuracies in amounts paid as a result of the information provided by you on Ozow.ME;

14.1.3.      any events or outages affecting the Ozow.ME service that are outside of the authority, control and/or responsibility of Ozow;

14.1.4. any delays in the settlement of transactions;

14.1.5. non-settlement of transactions; and/or

14.1.6.      any force majeure events, including, acts of God, war, riots, acts of sabotage, regulatory changes, directives or similar government actions, industry mandated material price increases, acts and/or threats of terrorism, civil disorder, natural disasters, explosions, fires, destruction of any equipment, pandemic, accidents or other calamity or casualty, boycotts, strikes and lock-outs of all kinds, go-slows, occupation of premises, power outages or work stoppages rendering it illegal, impossible or impractical for Ozow to perform its obligations.

14.2.  Except to the extent that we acted fraudulently or with gross negligence, and to the extent permitted in law, we will not be liable for direct, indirect, special, incidental, or consequential loss or damage which you, or any third party, may suffer or incur including the following instances:

 

14.2.1. suspension or cancellation of your Ozow.ME account or Pocket;

14.2.2.          any malfunction or defect in the hardware, software or device used;

14.2.3.          non-delivery or delayed notifications;

14.2.4.          unlawful or unauthorised access to your account or Pocket by third parties;

14.2.5.     technical failures or delays caused by third party service providers or malfunctioning of any system or network which is beyond our control (such as interruptions, malfunctions, and downtime) and that affects Ozow.ME, Pocket, banking systems, third party systems or any part of any database for any reason;

14.2.6.          cyber-attacks, loss, or corruption of your data; or

14.2.7.           where you or a friend fail to give us the correct information for a transaction.

14.3.  Maximum liability: Should we be found to be liable to you in relation to these terms, then our maximum aggregate responsibility and liability to you (including for negligence and whether pursuant to one or more claims) will be limited to paying you the lesser of an amount equal to the total amount of fees you paid to us for the Ozow.ME service in the 12 months prior to the incident, or R1 000 (one thousand Rand).

Except as may be required by applicable laws, your account, Ozow.ME, the Pocket, and the features within Ozow.ME is provided to you “as-is” without any warranties.

15.     Indemnity

15.1.   You indemnify Ozow, its directors, officers, employees, and agents against all losses which may directly or indirectly arise out of or in connection with:

15.1.1.      your use of and access to Ozow.ME and the related products and services offered to you via Ozow.ME;

15.1.2. you providing the wrong recipient or payment information;

15.1.3.     someone else carrying out a payment instruction or using your information to access Ozow.ME without your permission;

15.1.4. loss of any of your data;

15.1.5.     the negligent, wilful, or fraudulent act or omission by you in carrying out or failing to carry out your obligations under these terms; and/or

15.1.6. for any claims arising against Ozow from any third party in relation to your use of Ozow.ME.

 

16.    Law and Disputes

16.1.   These terms are governed by the laws of South Africa.

16.2.  You agree that any dispute arising from these terms shall be submitted to mediation, failing which, the dispute shall be submitted to binding arbitration governed by the Arbitration Act, 1965, or any replacementAct and shall take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa (“AFSA”).

16.3.  The arbitration proceeding shall be conducted by a mutually agreed upon arbitrator of AFSA and shall be held in Johannesburg, South Africa.

16.4.  The judgment upon the award rendered may be entered and enforced in any court of competent jurisdiction.

16.5.  Nothing contained herein shall prohibit you or us from approaching any court of competent jurisdiction for urgent interim relief pending determination of the dispute by arbitration, and for this purpose the parties’ consent to the non-exclusive jurisdiction of the Gauteng Local Division of the High Court of South Africa, Johannesburg.

 

17.    General Important Information

 

17.1.  1.1.   You are responsible for keeping your security details including your log-in credentials, and all your activity on Ozow.ME safe and confidential. Do not share your security or log-in credentials with anyone.

17.2.  We all have busy lives, and it's easy to overlook important steps in protecting our sensitive data. It is essential to make sure our information is secure to prevent identity theft, fraud, and other cyber crimes. With that in mind, here are a few hot tips to help you keep your information safe:

 

17.2.1. keep your mobile phone secure and avoid allowing other people to use it;

17.2.2.          log out of the Ozow.Me application when youare not using it;

17.2.3.          change your log-in credentials regularly;

17.2.4.          choose a strong password that is not easy toguess;

17.2.5.           never store your log-in credentials on yourmobile phone; and

17.2.6.          keep your software and security tools up to date;

 

by following these simple tips, you can minimise the risk of your personal information being compromised.

 

17.3.   Please contact us if your suspect that your account has been used without your permission without your permission or if you receive a message asking for your log-in credentials. Any delay could result in loss to you of which we will not be liable for.

17.4.  In the case of theft or fraud, you permit us to contact the relevant bank or association and you must also contact your bank and lodge a case with the South African Police Service.

If you no longer wish to use Ozow.ME and the Pocket, please refer to the Pocket Terms and Conditions where we will explain the steps you need to take.

 

18. How to contact us

 

You can contact us with any queries, complaints, reports, fraud suspicions, notifications or otherwise by emailing support@ozow.com.

Ozow.ME: POCKET Ts & Cs (“AGREEMENT”)

The link to the Ozow.ME Pocket Terms and Conditions can be found here: https://www.ukheshe.com/ozow-terms-and-conditions, and the content is copied below for your convenience.

Read the following agreement carefully. These are the terms and conditions of the agreement between yourself, Ozow (Pty) Ltd  as defined below (herein after referred to as “Ozow”), Ukheshe Payment Solutions(Pty) Ltd (herein after referred to as “UPS”) and Ukheshe Technologies (Pty) Ltd (herein after referred to as “UT”) (herein after UPS and UT will be collectively referred to as “Ukheshe”).

Please note that this agreement is in addition to any other agreement applicable to you as provided on www.ozow.com, including the Privacy Policy, Zero-Rated Ts and Cs and Ozow.ME: Consumer Ts and Cs; and www.ukheshe.com, including the Privacy Policy and Terms and Conditions.

This Agreement explains Your rights, obligations and responsibilities, as well as those of Ozow and Ukheshe. Upon registration for or utilisation of any of the Services and/or Products offered by Ozow and Ukheshe, You agree to and accept the terms of thisAgreement.

YOUR ATTENTION IS SPECIFICALLY DRAWN TO CLAUSE 6 HEREIN BELOW WHICH RELATES TO THE CONSUMER PROTECTION ACT.

1. RECITALS

1.1. UPS is a registered Financial Services Provider (FSP 45133), Third Party Payments processor registered with the Payments Association of South Africa (PASA), Merchant Aggregator registered with MasterCard and Nedbank (TPPP);

1.2. UT is a System Operator;

1.3. Ozow is Marketing Agent, who provides technical access to, markets and on sells the Ukheshe Services and Products;

1.4. Whilst Ozow is not an accountable institution or a bank, outside of the Services provided by Ukheshe, Ozow provides automated electronic fund transfer services in its capacity as a System Operator registered with PASA in relation to certain ancillary aspects related to the Services (e.g. topping up a wallet).

1.5. As a result of the a foregoing, You will enter into this Agreement with Ukheshe and Ozow.

1. DEFINITIONS

1.1. Unless a contrary intention clearly appears, the following terms shall have the following meanings assigned to them and cognate expressions shall have corresponding meanings, namely –

1.1.1. “Account” means Your account and account balance that is linked to Your profile, which includes your Wallet, to which these terms and conditions apply;

1.1.2. “Agreement” means this document of “standard terms and conditions” read together with any other Agreements entered into between the relevant parties (if any),as well as any Annexures thereto. By registering for or utilising any of the Services or Products offered by Ozow and Ukheshe you unconditionally signify your assent to the terms of this Agreement and as such the Agreement becomes legally binding between You, Ozow and Ukheshe and further, You warrant that the information you have provided upon registration is true and correct in all respects.

1.1.3. “AML” means Anti-Money Laundering;

1.1.4. “App” means the mobile application, either in the form of a native app or progressive web application, which You utilise to access the Products and Services which will be rendered and/or utilised on Your instruction;

1.1.5. “App Store” means Your device’s application store from which You download the App;

1.1.6. “Confidential Information” means all information and data of whatsoever nature (including the Intellectual Property), whether tangible, intangible, oral or in writing and in any format or medium that is obtained or learned by, disclosed to You, or comes to Your knowledge through Us during the course of or arising out of or in relation to this Agreement or Your use of the Products, App and/or the Services, by whatsoever means, which by its nature or content is or ought reasonably to be identifiable as confidential or proprietary to Us, or which is provided or disclosed in confidence, irrespective of whether it appears in written, oral, electronic or graphical format;

1.1.7. “CPA” means the Consumer Protection Act68 of 2008, as amended, varied, re-enacted, novated or substituted from time to time;

1.1.8. “Customer” means the consumer making a purchase from You (for the avoidance of doubt, You are referred to in this specific clause as the merchant / retailer) by using theService or who has registered with Ukheshe through the marketing efforts of Ozow;

1.1.9. “Documentation” means integrated electronic and / or written communication published by Us or Ozow, describing the Software’s functionality and intended operation;

1.1.10. “Dormant account” means an account that has had no customer-initiated debit or credit transactions for such a period as We or Ozow, at our discretion, may determine from time to time;

1.1.11. “E-commerce” means electronic commerce which includes a transaction performed by means of electronic media in a non-face-to-face environment;

1.1.12. “EFT” means Electronic Funds Transfer from or to a registered bank account;

1.1.13. “Effective date” means the date and time that You download the App, register a profile and agree to the Terms and Conditions or upon use of any of the Services or Products;

1.1.14. “FICA” means the Financial Intelligence Centre Act 38 of 2001, as amended, varied, re-enacted, novated or substituted from time to time;

1.1.15. “IntellectualProperty” means, collectively, all and any intellectual property including,  any registered or unregistered trademark, trade name, or service mark, any patent, domain names, designs, copyright, design right, software application right, topography right, application to register any of the aforementioned rights, trade secrets, any right in unpatented know-how, any right of confidence and any other intellectual or industrial property rights of any nature whatsoever in any part of the world, including any licence rights and the right to take legal action;

1.1.16. “Know-How” means all ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used in connection with Our business; all available information regarding marketing and promotion of Our products and services (including the Services); and all and any modifications or improvements to any of them;

1.1.17. “KYC” means Know Your Customer;

1.1.18. “Mobile Phone or Smart Device” means a single mobile phone or tablet with a central processing unit capable of executing instructions from a software program or via USSD, and which is used, owned or leased by You;

1.1.19. “Merchant Device” means a point-of-sale (POS) device, mobile phone or tablet;

1.1.20. “Participating Merchant” means a merchant that is integrated into Ukheshe and offers either Cash Withdrawal Token services and/or Cash deposit services and/or Purchase services;

1.1.21. “PCI DSS” means PaymentCard Industry Data Storage Standards as stipulated by the respective CardSchemes;

1.1.22. “Personal Information” has the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013 and any applicable law in South Africa and/or in any other jurisdiction where the Services and/or Products are provided and/or used;

1.1.23. “PIN” means personal identification number;

1.1.24. “POPIA” means the Protection of Personal Information Act 4 of 2013, as amended, varied, re-enacted, novated or substituted from time to time;

1.1.25. “Processing” has the same meaning as “processing” as defined in POPIA, which for instance will include (subject to the provisions of POPIA, which may be amended from time to time): collecting, storing, collating, using, modifying, sending, distributing, deleting and destroying Personal Information;

1.1.26. “Product specifications” means specific features of products offered by us, including but not limited to minimum deposits, minimum balances and service fees;

1.1.27. “QR Code” means a Quick Response Code generated to enable you to process Transactions. It is a machine-readable code consisting of either an array of black and white squares or a linked numeric code, typically used for storingURLs or other information. The QR Code can be a Static QR Code or a Dynamic QR Code. A “Static QR Code” means a QR code that has a predetermined value or will allow the Customer to input a value; and a “Dynamic QR Code” means a QR code that is linked to specific purchases;

1.1.28. “RICA” means The Regulation of Interception of Communications and Provision of Communication Related Information Act as amended from time to time;

1.1.29. “Selected Merchants” means those merchants as selected by Us from time to time and with whom We and Ozow have contracted to provide VAPs;

1.1.30. “Services”or“Products” means the provision of any payment related services or products rendered through any channel, App,WhatsApp or any other medium through which the Service is rendered and as described more fully in the clause with heading “Services” of this Agreement;

1.1.31. “Software” means the object code of, source code of, and Documentation for the Services offered to You;

1.1.32. “VAPs” means the value-added products of one or more Selected Merchants;

1.1.33. “VAS” means the value-added services of one or more Selected Merchants;

1.1.34. “Wallet” means a User’s ring-fenced User account maintained and reconciled to Our virtual master wallet. The Wallet is unique to each User and contains Personal Information of the User. The Wallet can be accessed via the App or any other medium through which the Service is rendered;

1.1.35. “We” or “Us” or “Our” or “Ukheshe” or “Service Provider” shall mean Ukheshe Technologies (Proprietary) Limited (“UT”),Registration Number: 2017/471522/07, 1st Floor, Golfers Corner, Design Quarter, Fourways, Johannesburg 2191 and Ukheshe PaymentSolutions (Proprietary) Limited (“UPS”), Registration Number: 2013/099677/07, 1st Floor, Golfers Corner, DesignQuarter, Fourways, Johannesburg 2191 FSP Licence number 45133;

1.1.36. “Ozow” shall mean Ozow  (Proprietary)Limited (“Ozow“), Registration Number: 2013/214663/07 and registered address at 10th floor, 5 Buitengracht Street, Western Cape, Cape Town, South Africa,8001;

1.1.37. “You” means the person, merchant or retailer who registers, creates a profile either via the Ukheshe interface or App which was marketed by Ozow (through Ozow.ME) and/or any person who utilises any of the services offered by Ukheshe. ”Your” and “User” shall have corresponding meanings;

1.1.38. “Withdrawal Token” means a cash withdrawal reference number valid at any Participating Merchant teller;

1.1.39. “USSD” means the USSD (Unstructured Supplementary Service Data) interface used to access Your wallet;

1.1.40. “WhatsApp” means theWhatsApp interface used to access your account, wallet, transact, display a QR code and/or receive payment as a Merchant.

1.2. Any reference in this agreement to the singular also includes the plural or the reference to male also includes the female.

2. ACCEPTANCE

2.1. By registering for the Ukheshe account alternatively by utilising the Services, You agree and acknowledge that:

2.1.1. You accept the terms and conditions of thisAgreement;

2.1.2. You are 18 years or above of age;

2.1.3. You are of sound mind and full legal capacity.

3. COMMENCEMENT AND REGISTRATION

3.1. This Agreement is effective from the Effective Date, and will remain in force unless terminated in accordance with the other terms of this Agreement, or by written notice.

3.2. It is specifically agreed that We or Ozow may suspend the Service or terminate the Agreement immediately for regulatory or statutory reasons as well as for any reason considered material by Us.

3.3. In order to access and/or use the Ukheshe App marketed through Ozow, Ukheshe Services and/or Wallet, You need to download theApp and thereafter register an account/profile with Us by going through the registration process on the Ukheshe App.  

3.4. This will involve providing Us and Ozow with certain personal information, which may include (but is not limited to): Your name, photograph, mobile number, email address, proof of Identity, proof of address, last 4 digits of debit/credit card used for top-up, card expiry date etc.;

3.5. You must be at least 18 (Eighteen) years of age, of sound mind and have a valid South African ID/Passport; or Foreign Passport; or Asylum Papers; or Work Permits to use the Service;

3.6. You hereby agree that said information may be shared with Our third-party service providers which include but is not limited to Home Affairs, Secure Citizen, pb Verify, Experian and TransUnion to verify the provided information and confirm the validity of same;

3.7. You furthermore acknowledge and agree that you grant Ukheshe and Ozow worldwide permission to use, store, copy, share, reproduce, and distribute your personal data only as reasonably required to provide the relevant service.  

4. SERVICES

4.1. The App, WhatsApp and / or the Interface may enable aUser to select one or more of the following Services (including but not limited to):

4.1.1. Digital KYC;

4.1.2. Digital Wallets;

4.1.3. Cash out and cash in transactions;

4.1.4. Generation and payment of QR codes;

4.1.5. Access reports on transaction history;

RECEIPT OF PAYMENTS

4.1.6. You acknowledge and agree that We will not accept payment for any prohibited industries or other banned products.

4.1.7. We consider the following as prohibited industries:

4.1.7.1. Illegal businesses and activities according to the laws and regulations governing the S/E (service establishment or merchant);

4.1.7.2. Illegal gambling (including casino chips, gambling services, Internet casino sites, and Bingo);

4.1.7.3. Unregulated lottery Sales;

4.1.7.4. Credit Restoration Services;

4.1.7.5. Prostitution (including S/Es involved in prostitution such as unlicensed massage parlours and escort services);

4.1.7.6. Unlawful internet adult digital content.

MASTERPASS PAYMENTS ACCEPTANCE & PROCESSING

4.1.8. Your Customers will use the Masterpass Compatible App to scan the QR Code or a Customer may manually input the numeric code linked to the QR Code to perform a Transaction.

4.1.9. The Cards the Customer loads onto the Masterpass Compatible App may not necessarily be compatible with the Service.

4.1.10. The Service will automatically accept Payment Amounts from compatible Visa, Mastercard and Amex-issued Cards.  

4.1.11. All Service Transactions will be authenticated either by 3D Secure, AMT or another accepted authentication method.

WALLET TOP-UP

4.1.12. You may Top-up your wallet using any of the below methods:

4.1.12.1. with an EFT Transaction using Your Wallet number as reference number, through the App or through Ozow;

4.1.12.2. You may Receive payment by displaying Your QR Code linked to Your Wallet or any similar functionality provided on the App; or

4.1.12.3. Any further methods which we may include in the App.

4.1.13. We reserve the right to reject or cancel Your request to Top-Up at any time at Our discretion

4.1.14. We may, in Our discretion and without prior notice toYou, set daily and/or monthly limits for Wallet Top-up. Any such daily limits will appear in the App.

4.2. AUTHORITY TO DEBIT YOUR CARD

4.2.1. You hereby authorize us to debit Your account:

4.2.1.1. with any and all payments to merchants made by You using Your Account or where We or a bank act on any instruction from You;

4.2.1.2. with any additional fees that may be charged through automated teller machines (ATMs);

4.2.1.3. with Our standard service fees and those of a bank as notified to You from time to time,; and/or

4.2.1.4. where funds have been mistakenly added to the Account, We may make an adjustment to the balance so that the correct amount is restored.

4.2.2. We and/or the Bank shall not be liable for any transaction being dishonored because of insufficient funds as a result of the debiting of fees.

4.3. INTEREST

You acknowledge that no interest will accrue on any credit or debit balances in your Account and/or Wallet.

4.4. TRANSACTION HISTORY

4.4.1. Transaction history can be accessed through Our App, at Your request.

4.4.2. If You believe that Your Transaction history contains an error(s) You must notify Us of the error via e-mail or by contacting support in the App or support@ozow.com within 30 (thirty) days of the receipt of the transaction history, failing which you will have no claim whatsoever in respect of or arising from such error(s).

4.5. DEPOSITS

4.5.1. Subject to product specifications, which are set out on the App, there are limits to the number and amounts of deposits that can be made on your Account or Wallet. Ukheshe reserves the right to update and amend the limits without notice. Any deposit exceeding the limits will be rejected and will not be accepted.

4.6. YOU MAY TRANSFER FUNDS

4.6.1. to another User (the Recipient).

4.6.2. In order to transfer funds to the Recipient, You must identify the Recipient and the value to be transferred to the Recipient.

4.7. YOU MAY USE OR SPEND FUNDS

4.8. We reserve the right to reject or cancel Your request to purchase at any time at Our sole discretion.

4.9. Daily and/or monthly maximum redemption amounts apply and may change from time to time without prior notice to You. Ozow and Us will use its best endeavours to showcase any such limits on the App.

4.10. Services and the relevant charges may change from time to time without prior notice to You.  Any charges will be reflected on the App.

4.11. All Top-up and payment receipts will have at least a two-day delay before the funds will be available to spend in your Account or Wallet.The funds will reflect in Your current balance, but may not reflect in your available balance.  

5. ANTI-MONEY LAUNDERING, FRAUD AND DISPUTES

5.1. You acknowledge and understand that We are an accountable institution for adherence to all regulatory and legislative requirements under this Agreement in terms of the Financial Advisory andIntermediary Services Act 37 of 2002 and furthermore, an accountable institution in terms of Financial Intelligence Centre Act 28 of 2001 as amended by the Financial Intelligence Centre Amendment Act 1 of 2017.

5.2. You provide Your irrevocable consent to Us and Ozow to disclose any information provided by You in terms this clause to any Regulated Institution and/or Officer as may be required in terms of applicable anti-money laundering and counter-terrorist financing legislation (including FICA) or any other relevant legislation.

5.3. You shall not use the Services to commit any of the following acts:

5.3.1. any act which undermines Ozow or Our reputation, privacy, intellectual property and other rights;

5.3.2. any act which assists in, allegedly results in, or may actually result in, fraud, money laundering, terrorist financing or impermissible or illegal trading;

5.3.3. any act which involves Your use of an invalid bank account or the bank account of another person or User without such other person’s or User’s consent;

5.3.4. any act that We or any Bank, or EFT payment network reasonably believe to be an abuse of the card system or a violation of card association or network rules or any other rules governing or applicable to such payments network, as may be updated from time to time.

5.4. In order to prevent Fraud, We may implement fraud prevention measures, as updated from time to time without prior notice to You. We may require that You supply additional information to verify that that any payment made through Us is valid and that You have made the payment. Should You fail to provide Us and/or Ozow with the requested information, We reserve the right to suspend Your profile or Account, until said request has been complied with toOur satisfaction.

5.5

5.5. Examples of these measures include, but are not limited to:

5.5.1. Any payment over a certain value may require you to verify your details by providing or uploading copies of ID/Passport;

5.5.2. Any payment deemed or classified as medium or high risk by Us may be held in suspense until the amounts have been verified;

5.5.3. If any payments have been marked as medium or high risk, We or Ozow will contact you to provide the necessary information required to validate the transaction and make the funds available for use;

5.6. You agree that in the event of a dispute request from a financial institution or as otherwise reasonably determined by us in order to prevent potentially fraudulent or unlawful conduct or transactions:

5.6.1. We, may take the following action (collectively referred to as “Dispute Action”):

5.6.1.1. Deduct, withhold, recoup from, or offset against our payments to You or debiting YourWallet or account, or We may notify you of your obligation to pay us, which you must do promptly and fully;

5.6.1.2. Our failure to demand payment does not waive our rights in terms of this clause.

5.6.2. We will withhold the full value of the disputed amount in your Wallet or Account pending investigation.

5.6.3. Dispute Action may result from the following(including but not limited to):

5.6.3.1. a Customer dispute;

5.6.3.2. Transaction reversal;

5.6.3.3. Unlawful or suspicious transactions;

5.6.3.4. actual or suspected lack of authorisation;

5.6.3.5. Transactions processed outside the terms of the Agreement;

5.6.3.6. reversing a Charge for which we have not paid You.

5.6.4. Should the findings illustrate or indicate any unauthorised activity or fraudulent activity this Agreement may be terminated immediately

5.6.5. You agree that We shall be entitled to debit the full amount of any funds related to a Dispute Action from your Wallet or Account.

5.6.6. If We are unable to recover such funds for which you are liable, you will pay Us the full amount immediately upon demand. You further more agree to pay all costs, expenses and disbursements including, without limitation, sheriff fees, tracing fees, courier fees, postage, attorneys’ fees on an attorney and own-client scale, incurred by Us in connection with the collection of all such amounts from You.

5.7. Fraud prevention methods, legislation, rules, regulations and processes change from time to time and as a result we reserve the right to amend or policies and procedures as required without prior notice to You. You agree to be bound and adhere to same.

6. PROVISIONS OF THE CONSUMER PROTECTION ACT, 2008 (“CPA”)

6.1. The provisions of this Agreement contain assumptions of risk and/or liability by You. It furthermore limits and excludes liabilities, obligations and legal responsibilities, which We or Ozow will have towards You and other persons. The provisions of this Agreement also limit and exclude Your rights and remedies against Us and Ozow and place various risks, liabilities, obligations and legal responsibilities on You. These provisions may result in You being responsible for paying additional costs and amounts and We or Ozow may also have claims and other rights against You.

6.2. In particular, amongst others, please make sure to consider the provisions of the risk clauses herein below very carefully, because they have an impact on the risks You carry in making use of theSoftware and the Services, and on Our or Ozow’s liability to You.

6.3. To the extent that any Services provided under thisAgreement are governed by the CPA, no provision in this Agreement is intended to contravene the applicable provisions of the CPA, and therefore all provisions of this Agreement must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.

7. GENERAL TERMS RELATING TO WALLETS OR ACCOUNTS

7.1. You acknowledge and understand that:

7.1.1. Your designation as a User, and Your election to deposit and/or transfer funds, does not represent an investment with Us or Ozow in any manner whatsoever;

7.1.2. any transfers or transactions of money are made at Your own risk and We or Ozow do not accept any liability for any loss, damage (whether direct or consequential), or delays experienced in relation to the receipt of funds, purchase, transfer, cash-out or cash-in;

7.1.3. We will keep a record of all the transactions for a period for 5 (Five) years. On the App, you will have access to the last 7(Seven) transactions and records of further transactions can be provided on request at an additional fee;

7.1.4. We do not verify the cell phone number of theRecipient and accordingly We or Ozow will not be held responsible for any loss incurred by You as a result of any incorrect information provided;

7.1.5. We do not guarantee the availability of funds at any SelectedMerchant, nor do we guarantee that a specific denomination will be available when withdrawn by the Recipient at the Selected Merchant;

7.2. All Wallets or Accounts that have had no activity for 60 days will be deemed dormant and a dormancy fee may be charged.

8. APP STORE TERMS

8.1. The ways in which You can use the App and any other related Services may also be controlled by the rules and policies of the Appstore from which You download the App. In the event that there exists a conflict between any term, condition, or provision contained within this Agreement, and in any term, condition, or provision contained within the relevant App orApp store terms, the term, condition, or provision contained therein shall take preference.

9.         OPERATING SYSTEM REQUIREMENTS

9.1. The System/App requires a smartphone device with internet connection and camera to be operational.

9.2. The WhatsApp interface requires a smartphone device with internet connection to be operational.

9.3. The device needs to have a valid cell phone number and complies with RICA.

10.         ELECTRONIC TRANSMISSION OF INFORMATION

10.1. The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks may not always be secure, and is subject to possible loss, interception, or alteration while in transit.

10.2. Accordingly, We or Ozow do not assume any liability, without limitation, for any loss or damage You may experience or costs You may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving theSoftware, App, Services or e-mail to Us containing Your Personal Information.

10.3. We or Ozow will take commercially reasonable steps to safeguard the privacy of and keep confidential the information You provide to Us or Ozow and will treat such information in accordance with the provisions of this Agreement. Under no circumstance, unless and only to the least extent required otherwise by applicable law, will the information You provide to Us or Ozow create any fiduciary obligations for Us or Ozow, or result in any liability for Us or Ozow in the event that, in spite of Us taking reasonable steps to prevent it, such information is lost, damaged or destroyed, or accessed or processed by third parties, without Your or Our consent.

11. SOFTWARE LICENCE

11.1. We and Ozow hereby grant You a personal, non-exclusive, non-transferable, fully paid-up license (with no right to sub-license, transfer or assign) to install a single instance of the Software andApp onto a single Mobile Phone, and to use the Software and App in conjunction with that Mobile Phone, in the Republic of South Africa, for Your own internal data processing purposes, strictly upon the terms and subject to the conditions of this Agreement.

11.2.    The App, Software and the Services are not automatically supported and the license does entitle You to any updates, upgrades, new releases or support services for the App, and We may provide these in Our discretion from time to time. You agree that the terms of thisAgreement shall apply to any updates, upgrades or new releases provided to You.

11.3.    Any return, exchange or refund relating to the Services will be on the basis of Our return, exchange and refund policy.

11.4.    You undertake to always use the latest version of theApp. The App Store may notify You of any upgrades/updates that are available toYou. The upgrades and updates provided are, amongst other things, to ensure that the System is as secure as possible and as a result We strongly encourageYou to install such upgrades and updates as soon as possible after they are made available by the App Store. Subject to the remainder of this Agreement, We or Ozow shall not be liable for any security / data bugs that You may experience if You fail to install the latest version of the App.

11.5.    If We or Ozow have to contact You, for instance in relation to maintenance and support of the Software or the Services, We or Ozow will do so by email, via the App Platform or SMS or telephonically, using the contact details You have provided to Us.

11.6.    You can only transact through the App in line with the facilities available to You through Your Wallet or Account.

11.7.    All ownership rights (including Intellectual Property rights) in and to the Software (including updates, upgrades and new releases)and the System and all other Intellectual Property, are and shall remain vested in Ozow, Us, Our licensor(s) or a party nominated by Us, as the case may be, and shall never pass to You. You shall not during or at any time after expiry or termination of this Agreement, question or dispute Our ownership of theSoftware or Intellectual Property. Except as and to the extent authorised in this Agreement, You shall have no right to use Our Intellectual Property in any manner whatsoever.

11.8.    You may not duplicate, reverse engineer or reproduce in any way the App, Software and information, documentation and proprietary products made available via the App or any other platform without our express prior written consent.

11.9.    You may not make a copy of the Software for back-up purposes. Other than as expressly provided for herein, You may not in any manner copy or otherwise reproduce the Software (wholly or partially).

11.10.    Except as expressly set out to the contrary herein,You will not, and will not assist any third party to, copy, reproduce, transmit, distribute, sell, resell, license, sub-license, rent, lease, transfer, assign, disclose, de-compile, reverse compile, reverse engineer, disassemble, modify, publish, create derivative works from, perform, incorporate into another website, computer program or product, or in any other way reduce to human-perceivable form or exploit all or any part of the Software or the Intellectual Property. If You sell any device on which the Software is installed, you must remove the Software from it.

11.11.    You irrevocably undertake and agree that upon termination for whatever reason of this Agreement and/or any license granted under this Agreement, You shall:

11.11.1.          immediately cease all use of the Software and any other Intellectual Property;

11.11.2.          immediately de-install or delete (as appropriate)every copy (including partial copy) of the Software or App and any other Intellectual Property acquired or made by You from wherever it is installed;

11.11.3.          destroy every copy (including partial copy) of the Software and any other Intellectual Property acquired or made by You, by no later than 3 (three) days thereafter.

11.12.    Third party software provided with the Software is licensed to You on its accompanying license terms, including warranties and remedies. We provide no warranties regarding such software, operating systems and internet browsers including, without limitation, warranties relating to the suitability for a particular purpose, security features or performance. You acknowledge that the use of third-party software will be at your own risk and you indemnify us against and hold us harmless from any and all loss or damage that you may suffer as a result of the use, abuse or possession of third-party software.

11.13.    You agree that any breach by You of any provision of this clause shall be seen as a material breach of this Agreement.

12.     RISKS AND RESPONSIBILITIES

12.1.    You agree to use the Software and/or Services in accordance with the terms of this Agreement and to comply at all times with all applicable laws, regulations and ordinances.

12.2.   Except as regards Your reliance on the Software and the Services to do so, You accept the risk of sending and receiving funds.In entering into any transaction, including sending to or receiving funds from any User, You represent that You have been, are, and will be solely responsible for making Your own independent appraisal and investigations into the risks of the transaction. You represent that You have sufficient knowledge, and experience to make Your own evaluation of the merits and risks of any transaction.

12.3.   You are responsible for complying with applicable law. You must ensure that You are fully aware of all laws that may apply to You in relation to Your access to and use of the Software and theServices and to the transactions envisaged in or related to this Agreement, and agree that You are fully responsible for complying with such laws.

12.4.    You agree that We or Ozow are not responsible for determining whether or which laws may apply to Your transactions, including any tax laws, transfer pricing rules or exchange control regulations; We or Ozow are not responsible for ensuring that You comply with such laws. You are solely responsible for compliance with applicable laws, including notifying, withholding, collecting, reporting and remitting any taxes and duties that are payable as a result of Your access to and use of the Software and the Services and any transactions You may be involved in.

12.5.   You are aware of and accept the risk of operational challenges. No Software is error and risk free, as a result We or Ozow may experience cyber-attacks, cyber-security breaches, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions in the Service or Your access to the App, and may even affectYour Wallet or Account. While We and Ozow will do its best to minimise the inconvenience and losses sustained as a result of such circumstances and will take reasonable steps to guard against them, You accept the risk of transaction failure resulting from such operational or technical difficulties, including those resulting from sophisticated attacks. You agree not to hold Us or Ozow accountable for any related losses, unless gross negligence can be proven.

12.6.    We or Ozow do not advise on trading or any other financial activity. Our Services do not include, and it is not Our or Ozow's intention to give You any form of investment or financial advice, or professional advice of any kind. You should seek Your own independent financial advice before opening a Wallet or Account, or entering into any transactions with Us or Ozow.You acknowledge that You have been free to secure independent legal, financial and other advice as to the nature and effect of the Services and Your making use thereof, and of all of the provisions of this Agreement and the relevant exchanges’ terms and conditions, and that You have either taken such independent advice or dispensed with the necessity of doing so.

12.7.   We must comply with applicable law. Applicable law, regulation, and/or orders or rulings by regulatory and other governmental bodies may require Us to freeze transactions, withdrawals or contributions (or any combination thereof), or provide information (including PersonalInformation) regarding Your identity, location and/or Your Wallet or Account. Further, Our record-keeping and customer verification procedures are subject to change at any time as required by law, or industry practices. We must comply with applicable law and regulation and You accept any inconveniences to You or other consequences resulting from Our or Ozow's compliance.

13. ATTACKS

13.1. While We and Ozow will take all reasonable steps to prevent and mitigate attacks and breaches, there will sometimes be attacks on the Software or the Services in spite of Us or Ozow taking such steps, and in the event of such an attack there may be nothing that We can reasonably do to prevent its consequences. With respect to the Software, if We or Ozow are able to confirm that any funds or that Your Wallet or Account has been compromised or is under attack, We or Ozow may immediately halt the provision of theServices, the functioning of the Software, and any transactions involving Your Wallet or Account. In the event of such an attack, We or Ozow shall do its best to do what a reasonable person in Our or Ozow’s place would have done, considering the circumstances and what is commercially viable and reasonable.

13.2.  No technology or software is ever perfect or error free, as a result there is no way of Us or Ozow preventing all cybersecurity attacks. Accordingly, We and Ozow make no representation and do not warrant or guarantee the safety or security of the Software or the Services and are not liable for any lost value or stolen property, unless and only to the extent that We wilfully or grossly negligently failed to implement reasonably security measures.

 

14.  WARRANTIES AND DISCLAIMERS

14.1. We and Ozow warrant that We or Ozow are the owners of or have valid title to the Software (dependent on the circumstances) and are entitled to grant the rights to You as envisaged in this Agreement.

14.2. We and Ozow do not warrant that the Services or theSoftware will be completely free from errors or that errors will be corrected completely, nor that it will meet Your requirements, nor that it will operate in all combinations selected for use by You.

14.3. You acknowledge that whilst We or Ozow take reasonable care to exclude then-known viruses, malware, worms and Trojan horses from the Software, no warranty is given that the Software is free of viruses, worms or Trojan horses.

14.4.  You agree that We or Ozow shall not be responsible for any malfunction, non- performance or degradation of performance of theSoftware which is caused by or results from, directly or indirectly, any alteration to, adjustment of, attachment to, or modification of the Software by anyone other than Us or Ozow.

14.5.    As expressly provided in this clause 14 and except as required by applicable law, the Services, the Software and the Interface are provided “as- is”.

14.6.    You must ensure that the correct User recipient is selected when you transfer funds another User. We or Ozow will not be responsible for any losses if You fail to correctly select the User recipient.

14.7.    We or Ozow will also not be responsible if You insert the incorrect amount for the cashing- out of or transfer of funds.

14.8.    The Wallet or Account is only intended to be used for payment for goods and/or services as contemplated expressly in this Agreement, and We accept no liability otherwise.

14.9.    The warranty will not extend to defects:

14.9.1. caused by the actions of you or for reasons attributable to You;

14.9.2. if you do not update the App and or software with updated versions as and when these versions become available; and

14.9.3. if you do not make use of the App for an extended period of time, allowing the account to go dormant.

15.         CONFIDENTIALITY

15.1. You shall treat all Confidential Information as strictly confidential and not use it for any purpose other than performing Your obligations or exercising Your rights upon the terms of this Agreement. You shall not disclose Confidential Information to any person or third-party.

16.         PRIVACY AND USE OF PERSONAL INFORMATION AND DATA

16.1. This section sets out how We or Ozow use and protect any information provided by You when registering for and making use of the Services via any Interface.

16.2. We and Ozow are committed to ensuring that Your privacy is protected. All information requested will be used within the terms of this Agreement or any other agreements concluded between You and Us or Ozow.

16.3. We may collect the following information, which We may need in order to provide You with the Services and access to the Software:

16.3.1.       name, surname and ID Number;

16.3.2.       contact information including cellular number and email address;

16.3.3.       geographic information using GPS functionality;

16.3.4.       transactional history and any other related information.

16.3.5.       Bank details for EFT transfers

16.3.6.       We and Ozow shall process Your Personal Information in accordance with the conditions for lawful Processing as set out in the POPI Act.

16.4.  We and Ozow will use Your Personal Information for legal and compliance purposes: This includes using Personal Information needed to comply with legal and regulatory duties related to anti-money laundering and counter-terrorist financing; detection, prevention and prosecution of fraud and theft as well as preventing illegitimate or prohibited use of our services or other illegal or wrongful activity. This may also include establishing, exercising, or defending legal rights and claims of Us and others, and monitoring and reporting compliance issues. This may further include using your personal information to validate and authenticate your identity, and utilizing third parties to help us do so.

16.5.  We or Ozow will inform you when your information is required to provide the services you request, or is required by law. In certain cases, such as performing money transfer services, we may be unable to provide you with our services unless you provide certain personal information.

16.6.  You consent to Us and Ozow using the information gathered to: create and administer Your Wallet; creation of your profile and Account; administering your profile and account; provide support services to you; provideServices to You; meet legal or other regulatory obligations imposed on Us; audit usage of Our software and services (including the Services); understandYour needs and to provide a better service, and in particular for internal record keeping; transaction verification and authentication; detect fraud and manage risk; improve Our internal operations and efficiencies; improve Our products and services; send You promotional communications about new products, special offers or other information which We think You may find interesting using the email address which You have provided; and otherwise perform Our obligations and exercise Our rights under this Agreement.

16.7. You have the right to access Your Personal Information and, should the information be inaccurate, You may request Us to correct Your Personal Information.

16.8.    Should you not wish Your location settings and other information to be disclosed to us, the Smart Device or software will allow you to turn off the location settings, and therefore disallow Us or Ozow access to the information.

16.9.    To the extent the relevant provisions of POPIA are in effect in relation to such rights, You may object to Our or Ozow’s Processing of Your Personal Information in accordance with the provisions of POPIA. If you do so and We or Ozow are not able to Process Your Personal Information then We may not be in a position to provide You with the Services.

16.10. It should also be noted that if some of the Services provided by Us or Ozow to You require Us or Ozow to Process the PersonalInformation of someone else, and that person has not consented to Us doing so, this will affect Our or Ozow's ability to provide the Services to You and may mean that We are not in a position to provide those Services to You. Any recipient of your funds must accept the provisions of this Agreement and, if they have not done so, We will not facilitate transactions between You and such recipient. For the avoidance of doubt, Our failure to provide the Services toYou in such instances will not be a breach of this Agreement by Us and will not give rise to liability on Our or Ozow's part.

16.11.  You hereby agree that We or Ozow may send You information: for the marketing of goods and services to You, for the marketing of goods and services to You on behalf of third- party companies, when We or Ozow believe that these offers may be of interest to You; and that We or Ozow may provide de-identified or aggregated information to third-party companies for the provision of analytical ratings about Your transactional patterns behaviours and customer care data and information, including call centre reports and sales assistance information.

16.12.    You have the right to request that We or Ozow no longer contact You regarding the marketing of goods and services to You, whether for Our own purposes, or on behalf of third parties. Such request can be made through the contact details provided in these terms and conditions and upon receipt of such request, We or Ozow shall desist in such direct marketing.

16.13.  From time to time, We or Ozow may also use Your information to contactYou for market research purposes. You consent to Us contacting You by email or on Your cellular phone number. However, if You would like Us to refrain from doing so, please let Us and Ozow know and We and Ozow will comply with Your respective requests.

16.14.  We or Ozow may use the information to customise the Services according to Your interests.

16.15.    We may elect to share Your Personal Information with:

16.15.1. Ozow as our Marketing Agent;

16.15.2.          service providers under contract with Us or Ozow where this is necessary for Us or Ozow to perform Our obligations under thisAgreement;

16.15.3.          parties where We or Ozow are required to do so bylaw, court order, or in compliance with applicable identity verification or legal reporting obligations, and that, to the extent permitted or required under applicable law, We or Ozow may do so even when Your relationship with Us or Ozow is terminated or Your Wallet is cancelled; and

16.15.4.          other third parties, provided We or Ozow have received Your explicit consent.

16.16.    You expressly consent that We or Ozow may process and further process your Personal Information to any of Our or Ozow's group companies, which may be located outside of South Africa for the above purposes(in which case, We will ensure that the location to which Your PersonalInformation is transferred will be a location with at least as onerous restrictions on the Processing of Personal Information as are applicable inSouth Africa ) and that We or Ozow may disclose Your Personal Information to any person who provides services to Us or Ozow or acts as Our or Ozow’s agent to whom We have transferred or propose to transfer any of Our or Ozow’s rights and/or duties in respect of Your Wallet, pursuant to Our or Ozow’s performance of this Agreement; and We or Ozow will ensure that such persons agree to Our or Ozow privacy or other policies in Processing Your Personal Information. Our privacy policy policies can be accessed at: www.ukheshe.com, and Ozow’s privacy policy can be accessed at www.ozow.com

16.17.    Upon termination of the Agreement, and upon Your written request, We and Ozow shall delete or destroy all of Your PersonalInformation, unless and to the extent that We or Ozow are required by law to retain records of Your Personal Information.

17.         YOUR CONSENT

17.1.    You acknowledge that you accept and provide your irrevocable consent to this “Your consent” clause, and specifically allow for the collection, storage, Processing and disclosure of Personal Information as described in this Agreement and for the purposes of this Agreement. Should You, Ozow or We terminate use of the Services, consent is still given to Our and Ozow’s retention of the information We have already collected and for the uses as specified in this Agreement. If You do not consent to Us or Ozow Processing your Personal Information, We or Ozow cannot fulfil the terms of the Agreement.

18. NON-PERSONAL INFORMATION

18.1. Not withstanding anything contained in this Agreement regarding Your information, the following information is not regarded asPersonal Information for purposes of this Agreement:

18.1.1.       information which cannot be linked back to You; and

18.1.2.       non-personal statistical information i.e. information which has been aggregated and cannot be linked back to You.

19. SECURITY

19.1. We and Ozow are committed to ensuring that Your information, including Your Personal Information and Your information relation to payments and receipts, is secure. In order to prevent unauthorised access or disclosure, We and Ozow have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information We or Ozow collect. Should you require additional information and/or details relating to the security provisions We or Ozow will provide you with same upon reasonable request by You.

19.2.    We and Ozow confirm that we have reasonable security safeguards in place to protect your Access Details and other Personal or confidential Information you gave us via the App or platform. However, you accept that, while We or Ozow will take all reasonable steps to prevent security breaches in respect of the Services, any information sent over an unsecured link or communication system is susceptible to unlawful monitoring, interception or access by a third party, for which We and Ozow will not be responsible.

19.3.   In the event that an unauthorised person has accessed or acquired Your Personal Information, We or Ozow shall notify You as soon as reasonably possible using the contact information You provided, unless prohibited in terms of applicable law or relevant authorities. Our or Ozow’s notification shall contain sufficient information to allow You to take protective measures against the potential consequences of the security breach.

19.4.    In no event, unless and only to the least extent required otherwise by applicable law, will the information You provide to Us or Ozow create any fiduciary obligations for Us or Ozow, or result in any liability for Us or Ozow in the event that, in spite of Us or Ozow taking reasonable steps to prevent it, such information is lost, damaged or destroyed, or accessed or processed by third parties, without Your, Ozow’s or Our consent.

19.5.    A cash-out may be by way of point-of-sale withdrawal at Participating Merchant, which will be subject to the Participating Merchant’s security validation and policies.

20. OTHER IMPORTANT INFORMATION

20.1.    You are responsible for maintaining the strict confidentiality of Your Account, Profile, Wallet’s credentials, including without limitation Your login details, App PIN, email, wallet address, Wallet, and of all activity on Your account.

20.2.    We will never ask You to disclose Your WhatsApp or App or Account Password. You agree to report any message You receive that asks for Your account details. It is advisable to change Your App Password regularly(at least every 2 (two) to 3 (three) months) in order to reduce the risk of a security breach of Your account. Please choose an App Password that will not be easy to guess or work out, and as far as possible has no meaning. Do not ever allow anyone to access Your Wallet or to watch You accessing Your Wallet orAccount. You agree to take all steps to ensure that Your login details are not stored by Your mobile device or cached or otherwise recorded, and should never use any functionality that allows login details or passwords to be stored by the computer You are using.

20.3.    If You have any security concerns about your Your Wallet/Account, login details, App Password, other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, please change Your Mobile Phone PIN and App Password and contact Us or Ozow immediately.Any undue delay in doing so will affect the security of Your Wallet/Account, and may result in losses as a result.

20.4.    You agree to ensure that Your Mobile Phone or Smart Device is secured with a PIN and e-mail account(s) are secure and only accessible by You, as Your Phone e-mail address in the App can be used to reset passwords or to communicate regarding the details and security of Your Wallet, the App and the Services. If any of the e-mail addresses or Phone number registered with Your Wallet are compromised, please notify Us or Ozow and contact Your e-mail service provider immediately.

20.5.    In cases of theft or fraud, You should contact Us or Ozow and lodge a case with the South African Police Services.

20.6.    We or Ozow shall not be liable for any fraudulent activity initiated through the downloaded copy the App.

20.7.    Neither We, Ozow nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this section of the System. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

20.8.    Please ensure that Your Mobile Phone or Smart Device is secured with a PIN or password as your Wallet may be accessible from WhatsApp.Unauthorised access of your Phone may result in unauthorised transfers which We and Ozow take no responsibility for. 

21.         CLOSURE OF YOUR WALLET OR ACCOUNT

21.1.    This agreement may be terminated, in whole or in part, by Ukheshe, whenever, for any reason, Ukheshe or Ozow determines that such termination is in its best interest.

21.2.    Should We cancel and terminate this agreement for any of the aforementioned reasons, We will freeze the Account or Wallet, send you are quest to present us with your banking details in order to refund any remaining balance within a period of 90 (Ninety) days, failing to provide us with the necessary details within a period of 90 (Ninety) days and subject to the reason of cancellation, We will charge dormancy and/or admin fees after the90 (Ninety) days on the dormant account at a rate that will be determined by Ukheshe from time to time  until such time that the account reaches a zero balance.

21.3.    Subject to the provisions of clause 21.5 below, You may terminate this Agreement at any time through WhatsApp support services (or through written communication to the Ukheshe customer support centre).  

21.4.    It is Your responsibility to ensure you have cashedout or used the balance in your Wallet or Account. Your request to close YourWallet will be treated as You having advised Us of Your intention to terminate this Agreement. This Agreement will be terminated upon Us closing Your Wallet or Account, only if there are no funds in your Wallet or Account. You agree and understand that after Your Wallet or Account has been closed by Us, You will no longer have any access to the Wallet. If there are funds still available, you would need to provide proof of identification as determined by Ukheshe from time to time alternatively reregister, and thereafter request a re-allocation of funds.  

21.5.    You may not cancel Your Wallet or Account if We or Ozow believe in Our reasonable discretion that such cancellation is being performed in an effort to evade an investigation or any liability (criminal or otherwise), or in an effort to avoid paying any amounts otherwise due to Us or any relevant governmental or regulatory authority. In this instance, We and Ozow reserve the right to not act upon Your request.

21.6.    You may also cancel this Agreement without reason and without Us and Ozow imposing a penalty on You within 7 (seven) days of the conclusion of this Agreement by notifying Us or Ozow of the cancellation in writing through the contact information herein under or via the App. If you (orWe/Ozow) cancel this Agreement then you must also discontinue use of theServices and delete all copies of the Software and Confidential Information acquired or made by You in terms of this Agreement.

21.7.    We reserve the right to charge dormancy and/or admin fees on any closed account.

22.         DORMANT WALLET/PROFILE/ACCOUNT

22.1.    Upon the event that your Account/Wallet/Profile is dormant for a consecutive period of 90 (Ninety) days, for whatsoever reason, We reserve the right to charge dormancy and/or admin fees on the dormant account per month until such time that the account reaches a zero balance. Should the account reach a zero balance and remains in a dormant state for more than 90(Ninety) days, we will close the account with immediate effect.

22.2.    You will not be able to transact on a dormant account without providing proof of his identity, and such account will be subject to reactivation.

22.3.    Should You wish to claim any credit balance from a previously closed account (if any after deduction of dormancy and admin fees), You should approach Us or Ozow with original positive identification. Subject to regulations, we will do the necessary to initiate the unclaimed-balance process(should Ukheshe decide to do so), and will endeavour to provide the client with feedback within 48 (Forty-Eight) hours.

22.4.    The client shall not be entitled to claim any interest from the date of closure of the account.

22.5.    Upon the event of your death, the appointed executor of the deceased estate must present the following minimum documentation as determined by Us from time to time to withdraw any remaining funds (minus all charges and admin fees) and close the wallet:

22.5.1.       Death certificate;

22.5.2.       Letters of executorship;

22.5.3.       Proof of identity of executor;

22.5.4.      Proof of residency of executor not older than 3 months.

23.         RECORDS

23.1.    A copy of all Wallet or Account transactions are kept in our digital records.

23.2.    We will keep a record of all the transactions for a period for 5 (Five) years.

23.3.    You may access these transactions by accessing Your transaction history the sending an email request to Ozow and Us.

24.         FEES, CHARGES AND COSTS (will be published online or on the App)

24.1.    The fees chargeable for different transactions using the services may be changed from time to time with no notice.

24.2.    All transaction fees and account maintenance fees will be provided during registration and is also available online or on the App.Fees may change from time to time.

24.3.    You will also be responsible for all standard data costs associated with the download and use of the App and/or the Interface/System.

24.4.    All Services provided to You are executed on theSouth African national payment system and accordingly, once authorised by You, are automatic and cannot be reversed. Once You select Your Service it cannot be reversed, please ensure that all information is correctly inserted and that You make the correct / intended decision in relation to a Service.

24.5.    You will indemnify Us and Ozow against any losses resulting from:

24.5.1.          You failing to pay the relevant costs or fees;

24.5.2.          You providing the wrong recipient/payment information;

24.5.3.          Someone else carrying out a payment instruction without Your permission;

24.5.4.          The recipient of any funds for purposes other than foreseen or intended by You.

25.         LIMITATION OF LIABILITY

25.1.    To the fullest extent permissible by law, under no circumstances whatsoever, including as a result of Our or Ozow’s negligent acts or omissions or those of Our servants or agents or other persons for whom in law We or Ozow may be liable (“Others”) –

25.1.1.       shall We or Ozow, or any Others be liable for any direct, indirect, special, or consequential loss or damages (for instance, loss that is too far removed from or not foreseen by the parties as being connected to this Agreement) howsoever caused (whether arising under contract, delict or otherwise and whether the loss or damage was actually foreseen or reasonably foreseeable), sustained by You, servants or agents, including any loss of profits, loss of revenue, loss of operation time, corruption or loss of information and/or loss of contracts;

25.1.2.       shall We or Ozow be liable for loss of Your data regardless of how such loss is occasioned. You acknowledge that back-up of such data is Your responsibility and can be undertaken easily so as to recover any data which is lost. Accordingly, You indemnify and hold Us and Ozow harmless against any losses, damage and damages incurred by You arising directly or indirectly out of or in connection with the loss of any of Your data.

25.2.    We or Ozow shall not be liable to the client for any damage or loss that the client may suffer as a result of the following:

25.2.1.       any person gaining unauthorised access to any information or data;

25.2.2.       incorrect information being given to any person, including any credit bureau; and

25.2.3.       us or the tenant processing any information incorrectly.

25.3.    To the fullest extent permissible by law (including consumer laws, where applicable) Our, Ozow or any Others’ (in whose favour this constitutes a benefit for a third party) maximum aggregate liability for any direct loss, damage or damages of any kind whatsoever or howsoever caused(whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by You, shall not exceed an amount equivalent to the value held in Your Wallet or Account at the time the cause of action arises.

 

26.         BREACH

26.1.    Should You breach (or should You permit any third party making use of the Services via Your Wallet or Account to engage in conduct that would constitute a breach if performed by You) any provision or term of this Agreement and fail to remedy the breach within 7 (seven) days of receipt of notice requiring You to do so and warning that if it is not so remedied that We may exercise Our and Ozow’s rights in terms of this clause, then We or Ozow shall be entitled without further notice to You, and in addition to any other remedy available toUs or Ozow in law or under this Agreement, to:

26.1.1.       cancel this Agreement; or

26.1.2.       claim specific performance of any obligation whether or not the due date for performance has arrived; or

26.1.3.       deactivate or suspend Your Wallet/Account or access to the Services, in either event without prejudice to Our or Ozow’s right to claim damages.

26.2.    You must cash-out or transfer the funds (if any)within 7 (Seven) days after We or Ozow have taken any of the steps referred to above (other than cancellation of this Agreement and/or restriction, suspension or cancellation of Your Wallet/Account and/or use of the Services as contemplated herein below). Should You not cash-out or transfer the funds, as the case may be, within 7 (Seven) days, then You forfeit the balance in Your Wallet/Account which will be deemed to be closure fee for Ukheshe.

26.3.    Not withstanding anything else to the contrary in thisAgreement, We and Ozow reserve the right to cancel this Agreement and/or restrict, suspend or cancel Your Wallet/Account and/or use of the Service’s where We or Ozow reasonably suspect that Your Wallet/Account has been or is being used in relation to any criminal or otherwise illegal activity.

26.4.    In such event We or Ozow will, unless prohibited from doing so in law, to take reasonable steps to provide You with notice of any decision to cancel this Agreement and/or restrict, suspend or cancel Your Wallet and/or use of the Services. We or Ozow may be prohibited in law from cashing-out the balance of Your Wallet (if any), where We or Ozow have cancelled this Agreement, and/or suspended or cancelled Your Wallet/Account and/or use of the Services in terms of this clause.

26.5.    If a technical problem causes any Services (including access to the Services) to become unavailable, any system outage or any Wallet errors, We or Ozow may temporarily suspend access to the Services until the problem is resolved. In which event We or Ozow will not be held responsible for any losses caused during said down time or system outage.

26.6.    If you breach or otherwise default on any obligations in terms of the Agreement, We or Ozow will give You 7 (Seven) days written notice to remedy the breach. If You fail to comply within 7 (Seven) days, or ifYou are unable to remedy the breach, We or Ozow may either suspend the Service or terminate the Agreement without further notice. Alternatively, We or Ozow may insist on immediate performance and/or payment from You of all obligations or amounts You owe Us under the Agreement, without prejudice to any other legal rights we may have, including the right to claim damages.

26.7.    If You are non-compliant with any Bank rules, act illegally in any manner, do not pay any amount as specified by Us, submit high levels of fraudulent Transactions, breach any Intellectual Property Rights or protection of Personal Information obligations as set out in the Agreement, commit any act of insolvency or effect a compromise or composition with creditors, or if a creditor institutes insolvency proceedings against You, We or Ozow will have the right to suspend the Service and/or terminate the Agreement immediately.

27. MARKETING AGENT

27.1.    Ozow will perform certain marketing services for and of Ukheshe Services and Products, which includes but is not limited to creation and/or placing of branding, research, advertising, marketing, consulting, creative and/or digital services, and front-end technology access to the Ukheshe Services and Products (“Marketing Services”). Ozow will further provide front-end technology access to the Ukheshe Services and Products

27.2.    You hereby authorise Ukheshe to provide Ozow access to Your Accounts, receive, store and process Your Personal Information required to perform the Marketing Services.

28. GOVERNING LAW,JURISDICTION AND LANGUAGE

28.1.    This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law.

28.2.    The parties hereby irrevocably submit to the jurisdiction of the High Court of South Africa (South Gauteng High Court, Johannesburg) (or any successor to that court) in respect of all and any matters arising out of or in connection with this Agreement.

28.3.    This Agreement has been concluded in the English language. In the case of any conflict between the English and any other translation version, the English version shall prevail.

29.         CIRCUMSTANCES BEYOND OUR AND OZOW’S CONTROL

29.1.    We and Ozow shall be under no liability to You in respect of anything which, in the absence of this provision might constitute a breach of this Agreement, arising by reason of circumstances beyond Our or Ozow’s reasonable control, even if We or Ozow should have foreseen the possibility of the occurrence or existence of those circumstances.

29.2.    For the purposes hereof, this includes acts or omissions of any government, government agency, provincial or local or similar authority, civil strife, riots, pandemics, sabotage, insurrection, acts of war or public enemy, illegal strikes, combination of workmen, interruption of transport, lockouts, interruption of essential services from public utilities (including electricity, water and sewerage), prohibition of exports, inability on Our or Ozow’s part due to such circumstances to obtain goods or services from its suppliers (including telecommunications suppliers and Selected Merchants), rationing of supplies, flood, storm, fire or any other circumstances (without limitation) beyond the reasonable control of the party claiming “Force Majeure” (which means unforeseeable circumstances that prevents someone from fulfilling a contract) and comprehended in the term Force Majeure.

30.         WHOLE AGREEMENT, AMENDMENTS AND UPDATES

30.1.    This Agreement constitutes the whole agreement between the parties relating to its subject matter, supersedes all prior or oral or written communications and representations with respect to the Services and the Software, and, prevails over any conflicting or additional terms in any document or other communication between the parties leading up to and during the term of this Agreement.

30.2.    We may amend this Agreement from time to time without prior notice to You. Except where We specifically stated that We will provide You with prior notice in this Agreement.  

30.3.    You should regularly view this page to ensure thatYou are satisfied with any changes. If You are not satisfied with the revisions made, You should stop using the Account or Wallet service immediately.

30.4     To the extent permissible by law, We shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

31.         SEVERABILITY

31.1.    Any provision in this Agreement which is or may become illegal, invalid or unenforceable shall be ineffective to the extent thereof and shall be treated as not written and severed from the balance of this Agreement, without invalidating the remaining provisions.

32.     INTERPRETATION

32.1.    In this Agreement:

32.1.1.       clause headings are for convenience and reference only and shall not be used in interpreting, modifying or amplifying its terms or clauses;

32.1.2.       unless a contrary intention clearly appears, words importing any one gender include the other two, the singular include the plural and vice versa, and, natural persons include created entities (corporate or unincorporate) and the state and vice versa;

32.1.3.       any reference to an enactment is to that enactment as at the date of acceptance of this Agreement and as amended or re-enacted from time to time;

32.1.4.       if a provision in a definition confers rights or imposes obligations on a party, effect shall be given to it as if it was a substantive provision in the body of the Agreement, notwithstanding that it is only in a definition;

32.1.5.       any reference to “days” shall mean business / working days and shall be calculated by including the first day excluding the last day– unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next day which is not a Saturday, Sunday or public holiday;

32.1.6.       its termination shall not affect those terms as expressly provide that they will operate after termination or which of necessity must continue to have effect after termination, notwithstanding that the clauses themselves do not expressly provide for this;

32.1.7.       the rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply, and You agree not to use or rely upon that rule in any proceedings in relation to this Agreement;

32.1.8.       any reference to a party to it shall, if such party is liquidated or sequestrated, be applicable also to and binding on that party’s liquidator or trustee;

32.1.9.       the words “include”, “including” and “in particular”shall be construed as being by way of example or emphasis only and shall not be construed nor take effect as limiting the generality of any preceding words;

32.1.10.    the words “other” and “otherwise” shall not be construed as being of the same kind or nature as any preceding words where a wider construction is possible.

33. CONTACT

33.1.    Should You have any questions or concerns regarding this Agreement, the Interface, or the Services, please consider the information provided at www.ukheshe.com, www.ozow.me or contact support@ozow.com

Lotto, Powerball, and Daily Lotto: Ts & Cs

1. Introduction

1.1.   These terms form an agreement between you (“you/your”)and Ozow (Pty) Ltd (“Ozow”, or “we”).

1.2.  You agree to these terms when you play the National Lottery using Ozow.ME.

1.3.  Please read these terms (and additional terms referred to) carefully. It sets out your and our rights and duties. Some terms may limit liability or involve some risk for you.

1.4.  We may terminate or suspend your use of Ozow.ME or terminate or suspend any Ozow.ME features at any time and in our discretion.

2.  Age Restriction

You must be 18 years and older to play the National Lottery. By playing, you represent and warrant that you are 18 years or older.

3. Updates

Ozow may update these terms from time to time without notice to you. You need to regularly check these terms for updates to ensure that you are aware of changes that may affect your use of Ozow.ME and its features.

4. Additional Terms

These terms apply together with the National Lottery’sRules and Regulations available at www.nationallottery.co.za; Ozow.ME and Pocket Terms and Conditions

5. Ozow.ME Pocket

5.1.   Ozow.ME features a digital wallet known as “Pocket”,allowing you to top up, pay from, and withdraw money.

5.2.  You will use Pocket to purchase yourLotto tickets, provided you have sufficient funds in your Pocket.

5.3.  You can top up your Pocket by transferring money from your linked account. Money transferred to your Pocket is final and cannot be reversed. See Pocket Terms and Conditions.

5.4.   Zero-rated billing may apply. This means that we may carry certain data consumption charged to you when you use Ozow.ME up to a certain capped amount. See Zero-Rated Terms and Conditions.

6. Important Terms Used

6.1.   National Lottery: means the lottery held in the Republic ofSouth Africa under the National Lotteries Act and license awarded to ITHUBA by the Minister of Trade and Industry.

6.2.  Lotto: is a game of chance where the player must select 6 numbers from a field of available numbers. If the 6 numbers selected match the 6 numbers drawn during the Lotto draw the player wins the first division prize.

6.3.  ITHUBA: means Ithuba Holding (RF) Proprietary Limited, registration number 2007/007624/07, or the appointed successor, a private South African company which operates the National Lottery.

7. How to play lotto

7.1.   You will need a positive balance in your Pocket to purchase yourLotto ticket.

7.2.  Always follow instructions on how to play the National Lottery. TheNational Lottery games’ terms and conditions are available at www.nationallottery.co.za .

7.3.  Contact ITHUBA’s toll free helpline 0800 484822 if you don’t understand the rules to play the National Lottery.

7.4.  It is your sole responsibility to verify at the time of purchase that the details of your purchase, including that the price paid, selection(s), number of board(s), draw date(s), and number of draw(s).

7.5.  The results of each draw will be made available on Ozow.ME as soon as practicable after each draw.

7.6.  You can also refer to our Lotto FAQ

8. Purchase Hours

You can purchase Lotto tickets via Ozow.ME during the times prescribed by ITHUBA.

Lotto (PLUS 1  and 2)

Wednesdays and Saturdays - 06:00 to 20:25

Monday, Tuesday, Thursday, and Friday - 06:00 to 23:30

PowerBall and PowerBall Plus

Tuesdays and Fridays - 06:00 to 20:25

Monday, Wednesday, Thursday, Saturday,  Sunday - 06:00 to 23:30

Daily Lotto

Daily (Mondays to Sundays) - 06:00 to 20:25

NO DRAWS ON CHRISTMAS DAY

9. Results

9.1.   The National Lottery determines the jackpots, draws (including the time, frequency, date, and method), and winners. The National Lottery’s decision will be final and binding.

9.2.  The National Lottery may cancel or postpone a draw at any time at its sole discretion.

9.3.  Results will be issued by ITHUBA to the national media and may also be published in other media as ITHUBA may from time to time determine. In the event of any discrepancy in any media or form, the winning numbers shall be those drawn and contained on a video recording of the draw as confirmed/verified by an independent auditor. Neither Ozow nor ITHUBA shall have any obligation to make any payment against an incorrectly published winning number/s.

10. Purchase Limits

10.1.   The following limits apply:

10.1.1. R1 000 purchase limit per day.

10.1.2. R3 000 purchase limit per month.

10.1.3. 10 boards at a time may be played.

11. Results and Payments of Winnings

Less than R 2 001

Upon receipt of instruction  from ITHUBA, Ozow will pay winnings of R2 000 or less into your Pocket within 7 business days of announcement.

R 2 001 to R 49 999.99

All winnings of R 2 001 up to R 49 999.99  will have to be collected from ITHUBA.

Regional office details can be found here: https://www.nationallottery.co.za/contact-us/ithuba-regional-office

ITHUBA toll free helpline number 0800  484 822.

You will need to  take along your Identity Document, bank stamped confirmation of bank account and Lotto ticket reference number.

R 50 000 or more

All winnings of R50 000 and higher  will have to be collected directly from ITHUBA.

Regional office details can be found here: https://www.nationallottery.co.za/contact-us/ithuba-regional-office

ITHUBA on their  toll free helpline number 0800 484 822.

You will need to  take along your Identity Document, bank stamped confirmation of bank account  and Lotto ticket reference number.

11.1.   All necessary Know Your Customer requirements must be satisfied (i.e., all the check that we must do to identify our customers and get relevant information and documents before we can do business with you) before winnings are paid.

11.2.  You need to claim your winnings within 365 days of the relevant draw. After this period the winnings will be forfeited and paid back to ITHUBA.

12. Refund and Legal Ticket Holder

Lotto purchases are non-refundable and non-reversible once the purchase is confirmed on Ozow.ME.

The accountholder / Pocket from which the ticket was purchased is the legal owner of the ticket and the associated winnings unless the ticket was purchased fraudulently.

13. Fees

We may charge a transaction fee for purchases of Lotto tickets via Ozow.ME and/or to top up your Pocket. Fees/charges payable by you will be indicated on Ozow.ME.

14. Personal Information

14.1.   We process your personal information in line with applicable laws, including the Protection of Personal Information Act (“POPIA”),and our Privacy Policy

14.2.  When using Ozow.ME and purchasing Lotto tickets you agree to Ozow using and/or processing your personal information to provide the service to you.

14.3.  It is your right to refuse to provide your personal information, but this refusal may limit our ability to provide the services to you.

14.4.  We only collect information that is necessary and relevant.

14.5.  We keep your information only for as long as we need it, given the purpose for which it was collected, or as may be required by applicable law.  

14.6.  You will provide Ozow with your personal information including your full name, mobile number, identification number, date of birth, facial recognition data, and email address.

14.7.  At the time of registration, you consent to Ozow processing your personal information for the following purposes:

14.7.1. verifying your identity;  

14.7.2. providing the Ozow.ME products and services to you;  

14.7.3. fraud prevention and detection;  

14.7.4. market research and statistical analysis;  

14.7.5. audit and record keeping purposes;  

14.7.6. to comply with legal and regulatory requirements,

14.7.7. to detect and prevent money laundering;  

14.7.8. sharing with service providers who we engage with to process information on our behalf.

 

14.8.  You consent to Ozow performing certain checks on your personal information to meet our obligations under relevant laws and our internal risk policies. These checks include identity verification with the South African Department of Home Affairs, credit checks and sanction screening for anti-money laundering and know-your-customer purposes. We may request that we obtain additional information and documentation from you to comply with the aforementioned requirements. You agree to provide such information to Ozow when it is requested.

14.9.  We are required to disclose personal information of problem gamblers (i.e., if we suspect that you may have a gambling problem). A ‘problem gambler’ is defined as a customer who spends more than the purchase limits via Ozow.ME.

15. Use of Ozow.ME

15.1.   Your use Ozow.ME and its features is at your own risk.

15.2.  Except as may be required by applicable laws, your account, Ozow.ME, the Pocket, and the features within Ozow.ME is provided to you “as-is” without any warranties.

15.3.  You warrant that you will:

15.3.1.  comply with applicable legislation;

15.3.2. not use Ozow.ME for unlawful purposes;

15.3.3. be responsible for making your own independent appraisal and investigation into the risks of any transaction on Ozow.ME;

15.3.4. not engage in conduct that brings or is likely to bring Ozow’s reputation into disrepute;

15.3.5. provide true and correct information to Ozow;

15.3.6. only receive funds in your South African resident bank account and that you do not utilise any non-resident bank account for purposes of Ozow.ME (this means you have an ordinary bank account with one of the registered banks in South Africa without any limitations or restrictions);

15.3.7. at all times remain the lawful owner of your South African resident bank account; and

not take any action (or omit to take any action) which may directly or indirectly cause Ozow to infringe or misappropriate intellectual property of any third party.

16. Liability andDisclaimer

16.1.   ITHUBA and Ozow are not legally responsible to you or any other person for any loss or damage you or they suffered because you played the National Lottery or because Ozow.ME or any party of the app was not functioning or available to you, or if any information on Ozow.ME was incorrect or unavailable, or if, despite reasonable efforts to contact you, Ozow was unable to communicate to you on your winnings. The term ‘damages’ include any damage or whatsoever nature that may arise and include direct, indirect, incidental, punitive, and consequential damages.

16.2.  To view the National Lotteries Act, No 32 of 2013, please visit http://www.nationallottery.co.za/south-african-lotteries-act/ .

16.3.  Ozow is not liable for instances outside of its, the relevant bank, or any third party provider’s control. These instances include: any actions or inactions that result in a loss of the Ozow.ME service; any inaccuracies in amounts paid as a result of the information provided to Ozow; any events or outages affecting the Ozow.ME service that are outside of the authority, control and/or responsibility of Ozow; any delays in the settlement of transactions; non-settlement of transactions; and/or any force majeure events including, natural disasters, destruction of any equipment, pandemic, boycotts, strikes and lock-outs of all kinds, power outages or work stoppages rendering it illegal, impossible or impractical for Ozow to perform its obligations.

16.4.  Unless we acted fraudulently or with gross negligence Ozow will not be liable for direct, indirect, special, incidental, or consequential loss or damage which you, or any third party, may suffer or incur including the following instances:

16.4.1. suspension or cancellation of your Ozow.ME account or Pocket;

16.4.2. any malfunction or defect in the hardware, software or device used;

16.4.3. non-delivery or delayed notifications;

16.4.4. unlawful or unauthorised access to your account or Pocket by third parties;

16.4.5. technical failures or delays caused by third party service providers or malfunctioning of any system or network which is beyond our control;

16.4.6. cyber-attacks, loss, or corruption of your data; or

16.4.7. where you or a friend fail to give Ozow the correct information for a transaction.

 

16.5 If we are found to be liable our maximum aggregate liability to you will be limited to us paying you the lesser of an amount equal to the total fees you paid to Ozow in the 12 months prior to the incident, or R 1 000.

17. Law and Disputes

17.1.   These terms are governed by the laws of South Africa.

17.2.  Disputes will be submitted to mediation. If mediation fails, we will need to arbitrate the matter in accordance with the rules of theArbitration Foundation of Southern Africa.

17.3.  An award given at arbitration may be made an order of court.

17.4.  You or Ozow may still approach any court of competent jurisdiction for urgent interim relief pending determination of a dispute by arbitration. For this purpose we both consent to the non-exclusive jurisdiction of the Gauteng Local Division of the High Court of South Africa, Johannesburg.

18. Log-in Credentials

18.1.   You must keep your Ozow.ME log-in credentials secure. Do not share it with anyone.

18.2 If you report theft or fraud to Ozow, you permit Ozow to contact the relevant bank or association.You will also be required to contact your bank and lodge a case with the South African Police Service in the event of theft or fraud on your Ozow.ME account.

19. Contact Details

Ozow: support@ozow.com.

ITHUBA:  Toll free 0800 ITHUBA (0800 484 822) during the hours of 06:00 – 23:00 Mondays to Saturdays and between 06:00 – 21:00 on Sundays.

Lotto Campaign - Terms and Conditions

1. Introduction

1.1.          Ozow (Pty) Ltd (“Ozow” / “we”/ “our”) is giving you the opportunity to enter the “Ozow Lotto Incentive Campaign” (“Campaign”).

1.2.          If you meet the eligibility requirements outlined below, you will stand a chance to receive a R5 Lotto ticket courtesy of Ozow (“Ticket”).

1.3.          These terms and conditions govern your participation in the Campaign.

2.  Campaign Period

2.1.          The Campaign is scheduled to run from 5 December 2023 and will conclude on 28 February 2024 (“End Date”).

2.2.         The duration of the Campaign period specified above may be adjusted, either extended or shortened, at the sole discretion of Ozow.

3.  Eligibility Requirements

3.1.          You will automatically qualify to participate in the Campaign under the following conditions:

3.1.1.you download the Ozow.ME application and successfully fulfil all the requirements for opening for opening your user account and completing the KYC process (“Ozow.ME”);

3.1.2.you make a single, indivisible transaction of R150 or more for Data on Ozow.ME;

3.1.3.you make a single, indivisible transaction of R150 or more for Airtime on Ozow.ME; or

3.1.4.you make a single, indivisible transaction of R150 or more for Lotto tickets on Ozow.ME (always in compliance with responsible gambling practices and our Lotto terms and conditions).

Each of the actions mentioned above is referred to as a “Transaction”.

3.2.          People under 18 years may not participate in the Campaign.

3.3.          Directors, members, shareholders, agents, consultants, or employees of Ozow, or any of suchperson’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling may not participate in the Campaign.

4.  Ticket and Redemption

4.1.          During the Campaign Period, if you meet the eligibility requirements set out above, you may receive one R5 Lotto Ticket per Transaction as an incentive.

4.2.          The Ticket is valid for redemption for the duration of the CampaignPeriod from the time it is allocated to you and can only be used to buy Lotto tickets on Ozow.ME.

4.3.          Upon the availability of the Ticket, you will receive a push notification from us. You will be able to access a clickable banner to redeem your Ticket. Please allow a brief period, typically between 15 to 20 minutes, for the Ticket to be allocated to you and for the notification to be sent. Thispush notification will be received outside of the Ozow.ME app.

4.4.          Ozow reserves the right to revoke the Ticket issued to you as part of the Campaign in the event that you request a refund or reversal of theTransaction.

4.5.          Ozow’s decision on any aspect of the Campaign including the allocation of a Ticket will be final and binding and no correspondence will be entered into with any participant.

5. Personal Information

5.1.          We respect your privacy and take the protection of your personal information (“PI”) (as defined in Protection of Personal Information Act2013 (“POPI")) seriously.

5.2.          The terms and conditions applicable to the processing of PI (can be found in the PAIA manual and privacy policy on www.ozow.com.  

5.3.          By entering the Campaign you confirm that you have agreed to our privacy policy.

6. Indemnification and limitation

6.1.          Ozow will not be responsible, and disclaim all liability, for any loss, liability, injury, expense, or damage (whether direct, indirect, incidental, punitive, or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the Campaign; the acceptance and/or use by of a Ticket; or by any action taken by Ozow in accordance with these terms and conditions.

6.2.          Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by you when entering the Campaign.

6.3.          You and, in the event of your death, your family, dependants, heirs, assignees or any other beneficiaries of your estate, indemnify and hold Ozow harmless against any claim by you (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which you may suffer, howsoever arising, in relation to your participation in the Campaign and/or acceptance and/or use by you of the Ticket.

6.4.         Ozow, its directors, employees, agents, and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any Ticket nor in respect of any warranties, guarantees or undertakings given by any person other than Ozow itself under these terms and conditions.

6.5.          If Ozow is required by law to alter or cancel any aspect of the Campaign or to terminate it as a result of changes in legislation, or for any reason whatsoever, it will have the right to terminate the Campaign, with immediate effect and without notice. In such event all entrants hereby waive any rights which they may have against Ozow and its associated companies, agents, contractors and/or sponsors.

7. General Terms

7.1.          If you fail to comply with any of these terms and conditions, or if Ozow detect any irregularities or fraudulent practices, then, without prejudice to any other remedy that Ozow may have, you will be automatically disqualified and will forfeit your Ticket.

7.2.          Ozow reserve the right to vary, postpone, suspend, or cancel the Campaign, or any aspect thereof, without notice, and for any reason which Ozow deem necessary. In the event of such variation, postponement, suspension, or cancellation, you agree to waive any rights, interests, and expectations that youmay have in terms of the Campaign and acknowledge that you will have no recourseagainst Ozow. 

7.3.          Ozow may change and/or expand on these terms and conditions and will provide reasonable notice of any material changes prior to such change as and when the circumstances permit by updating these terms and conditions. It is your responsibility to check these terms and conditions for any updates.

7.4.          Nothing in these terms is intended to, or must be understood to, unlawfully restrict, limit, or avoid any rights or obligations, as the case maybe, created either for you or Ozow in terms of the Consumer Protection Act, 68of 2008 (“CPA”).

7.5.         All information relating to the Campaign which is published on any marketing material will form part of these terms and conditions. In the event ofany conflict between such marketing material and these terms and conditions, these terms and conditions shall prevail.

7.6.         The Campaign is subject to, and must be read in conjunction with, Ozow’s existing terms and conditions applicable to Ozow.ME, Lotto and VAS products.

7.7.         Ozow reserves the right to suspend or terminate this Campaign at its sole discretion.

R50 000 cashback prizes when you use Capitec Pay through Ozow

Cashback prizes into the winners’ Capitec Live Better savings account

Please read these competition rules (“rules”) carefully. The rules outline your rights and responsibilities for this competition (“Competition”). If you take part in the Competition and/or accept a Prize, these rules will apply to you, and you agree that it can be assumed that you have read them and agree to be legally bound thereby. Individuals entering this Competition (“Entrants”,or “you”) do so at their own risk.  When an Entrant enter the Competition and/or accepts a Prize after winning it (the “Winner”), it signifies theEntrant/Winner's acceptance of the rules as a binding agreement.

Promoter:

Ozow  Proprietary Limited (Reg. No. 2013/214663/07) (“Ozow”).

Ozow  includes any person which, directly or indirectly is Controlled by Ozow, or  Controls Ozow and any directors, officers, employees, agents, and  representatives of Ozow. “Control” means the possession, directly or  indirectly, of the power to direct or cause the direction of the management  and policies of a person, whether through the ownership of voting securities,  by contract or otherwise.

Competition period

• The competition will run from 20 November – 15 December 2023 (11:59pm).

• Winners will be announced on or about 20 December 2023.

How to enter?

For automatic entry into the competition:

• Pay the smart way with Capitec Pay, via Ozow, at OneDayOnly, Loot.co.za, Flysafair, Mr Price or Courier Guy

• One qualifying payment will count as one entry

Qualifying payments

Capitec Pay payments online, via Ozow, at OneDayOnly, Loot.co.za, Flysafair, Mr Price or Courier Guy

Prize

5 x R2,000 cashback prizes into the winners’ Capitec Live Better savings account

Competition terms and conditions

By entering the competition, you agree to the following terms and conditions:

1. The name of the campaign is “Festive Consumer Competition” and Capitec and Ozow are the promoters.

2. The competition will run from 20 November to 15 December 2023 (11:59pm).

3. The competition is open to natural persons:

3.1 Who are citizens and/or permanent residents of, and living in, the Republic of South Africa (“RSA”)

3.2 Who are in possession of a valid RSA identity document, or a valid passport endorsed with “permanent resident” status

3.3 Who are 18 (eighteen) years of age or older

3.4 Who are not employees whether permanent or contracted to work for Capitec Bank, Ozow or our merchants.

3.5 Family members of those directly involved in the competition execution or fulfilment, production, management or marketing of the competition are also not eligible to participate in or enter the competition

4. Capitec and Ozow, its affiliates, employees, advertising agencies and suppliers will not be liable for the failure of any technical element relating to the competition that may result in any entry not being successfully submitted

5. The winners will be randomly selected by a computer-programmed algorithm

6. All valid entries collated will be entered into an automated random draw selection process weekly

7. Winners will be contacted by Capitec’s Internal Marketing Team  

8. Prizes: Each Capitec client that is successfully entered into the competition and passes the Selection process stands a chance to win only one of five R2,000 cash prizes.  

9. The type of Prize, and the value thereof, awarded to the Prize winner will be determined by Capitec, acting in its sole discretion. The Prizes are exclusively for the Prize winners and are not transferable, not exchangeable and cannot be exchanged for their cash value

10. Capitec reserves the right to substitute any prize with another prize of similar commercial value

12. Your entry and/or participation in the competition and/or your acceptance of the prize (in the event that you win a prize) constitutes your binding acceptance of the competition rules

13. Should any dispute arise in relation to the interpretation of these competition rules, Capitec and Ozow decision shall be final, and no correspondence shall be entered into

14. You may not win a prize if it is unlawful for us to supply such a prize to you. You must be eligible to win the prize

15. Any documents, permissions and/or any legal or regulatory requirements that may be required by these rules or any other applicable law in order to accept and use a prize, shall remain your responsibility to obtain and/or observe at your own cost, and which documents and permissions must remain valid in such minimum form required by these rules or any other applicable law

16. Capitec, Ozow, its affiliates, employees, advertising agencies and suppliers will not be responsible, and hereby disclaim all liability, for any loss, injury or death, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the competition or the acceptance and/or use by you, of any prize, or by any action taken by the promoter or any of its affiliates, employees, advertising agencies and suppliers in accordance with the competition rules

17. Subject to the winners’ consent, Capitec and Ozow may publish their names as part of the administration of the competition

18. Capitec will attempt to contact the winner in order to notify them that they won. Should Capitec not be able to reach the winner, this will result in an automatic forfeiture of the prize and Capitec will exercise its right to select another winner

19. Personal information collected will:

a) Not be used for any other purpose either than the administration of this competition

b) Not be shared with any third parties without obtaining consent from the winners

c) Be processed in accordance with Capitec Privacy Policies

d) Participants in this competition understand and agree that in order to offer the competition, Capitec must collect and use personal information about the participants. This competition is conducted under the terms of the applicable privacy laws

20. If you fail to comply with any of the competition rules, then without prejudice to any other remedy which we may have, you will be automatically disqualified and you will forfeit the prize(s) (in the event that you have already won a prize)

21. Subject to the participants’ right to expressly accept, decline and withdraw consent or participation, Capitec and Ozow may:

a) Publish images of the prize winners on its marketing material in any format, for a period not exceeding 12 (twelve) months from the date of winning.

22. If Capitec and Ozow are required by the Minister of Trade and Industry to alter any aspect of the competition or to terminate the competition as a result of changes in legislation, the promoter will have the right to terminate the competition with immediate effect and without notice of such termination. In such event, all participants hereby waive any right which they may have against Capitec and Ozow, its affiliates, employees, advertising agencies and suppliers.

23. Income taxes relating to the prizes, if any, are the sole responsibility of the prize winners

24. Participants in this competition understand and agree that in order to offer the competition, Capitec and Ozow must collect and use personal information about the participants. This competition is conducted under the terms of the applicable privacy laws and in line with the Privacy Policy these competition rules will be construed, interpreted and enforced in accordance with the laws of the Republic of South Africa.

General

Entry fees

There are no entry fees to participate in this Competition.

Additional fees

Data costs, or other costs, incurred by Entrant in the ordinary course of business will apply.

Is there a limit on the number entries?

You can enter as many times as you  like. Entrants are allowed to only win once during the Competition Period  (i.e. one daily win over the Competition Period).

Who may not win a prize?

Entrants may not win a Prize if  it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win, the Entrant will forfeit the Prize.

Circumstances for disqualification

If an Entrant fails to comply with any of the rules, then, without prejudice to  any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit the Prize (if such Entrant has already won a Prize).

How will winners be chosen and when will they be notified?

  • Winners will be randomly selected daily by a computer-generated programme from eligible entries received each day (“draw”).
  • Such draws will take place daily during the Competition Period or at Ozow’s discretion. The first appearing Entrant in the draw that complied with the eligibility criteria (“how to enter”) shall be the Winner of the Prize for the relevant day in the Competition Period. Ozow will further select numerous additional Entrants in order to cater for any forfeiting of Prizes (“Backup Winners”).
  • The determination of the draw made by Ozow will be final and no related correspondence will be entered into.
  • Ozow will make payment of the winners purchase to the winner’s Pocket, shortly after the draw.
  • Ozow reserves the right to publish the Winner’s name, surname or photograph on Ozow’s  website and various social media platforms, including but not limited to Facebook and Instagram, and the Winner expressly consents to such publication.
  • The selection and/or announcement of daily Winners by Ozow will be done daily or after the end of the Competition Period, in Ozow’s discretion.

How will the prize be claimed?

Ozow will make payment of the Prize to the Winners’s Ozow.ME Pocket within a few weeks of the notification of the Winner, by Ozow, or such other time period that is communicated to the Winner by Ozow.

Personal information

The terms and conditions applicable to the processing of personal information (“PI”)(as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The  Entrant expressly consents and agrees that by entering the Competition:

   1.      Ozow  may contact you using written, electronic or verbal mediums, as regulated by applicable  law, using any e-mail address or telephone number provided by or made  available by you to Ozow, now or in the future, regarding Ozow or the use of  Ozow’s services. This consent includes, but is not limited to, contact by  manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;

  2.     you  may receive any form of advertising, including by way direct or indirect  marketing, electronic marketing or tele-marketing in relation to Ozow, or the  use of Ozow’s services; and

   3.     Ozow  may process and/or store any of your PI trans-border, specifically in the  Amazon Web cloud hosting Services.

For  further information, or should you wish to opt out of any form of direct or  indirect marketing mentioned above, please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite the Winner to be present when the Winner is announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winner may decline this.

Waiver

Ozow reserves the right to vary, postpone, substitute, suspend, or cancel the Competition and/or the Prize, or  any aspect or portion thereof, without notice or liability at any time, and  for any reason which Ozow deems necessary in its discretion. In the event of  such variation, postponement, substitution, suspension, or cancellation of  the Competition and/or the Prize, Entrant or Winner agrees to waive any  rights, interests, and expectations that any Entrant or Winner may have in  terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Additional information

Ozow may require the Winner to provide Ozow with additional information and documentation in order to process, confirm and facilitate the Winners’ acceptance and delivery of their Prize. If any Winner refuses to provide Ozow with the requested information or documentation, such Winner will forfeit their Prize.

Liability

If an Entrant fails to comply  with any of these rules or should there be any other circumstances beyond Ozow’s control then, without prejudice to any other remedy which Ozow may  have:

·         such Entrant will be automatically disqualified, and such Entrant will forfeit  their Prize (in the event that such Entrant has already won a Prize);

·         an Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly  or indirectly as a result of non-compliance, including all legal costs  (including attorney and own client costs) which Ozow may incur in taking any  steps pursuant to an Entrant and/or Winner’s non-compliance; and

·         such Entrants and Winners indemnify and hold Ozow, as applicable, harmless against  any claim by any Person, (whether direct, indirect, incidental, punitive, or  consequential) of any nature, whether arising from negligence or any other  cause, relating to any death, injury, loss and/or damage which may be  suffered howsoever arising in relation to such Entrants’ or Winners’ failure to comply herewith.

 

Ozow’s decision on any matter concerning the Competition and/or arising out of these rules is final and binding on all Entrants and Winners.

 

Ozow will not be responsible, and  disclaim all liability, for any loss, liability, injury, expense, or damage  (whether direct, indirect, incidental, punitive, or consequential) of any  nature, whether arising from negligence or any other cause, which is suffered  by any Entrant’s participation in the Competition; the acceptance and/or use by any Winner of any Prize; or by any action taken by Ozow in accordance with these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, failure or delays in any third party services, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any other Person’s, computer, mobile telephone, or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that –

·       an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or

a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards or expectation.

Indemnification

All Entrants, and in the event of  an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any  other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental,  punitive or consequential) of any nature, whether arising from negligence or  any other cause, relating to any injury, loss, liability, expense and/or  damage which an Entrant may suffer, howsoever arising, in relation to such Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

Applicable law

These rules will be construed, interpreted, and enforced in accordance with the laws of the Republic of South Africa.  

Consumer Protection Act, 68 of 2008 (“CPA”)

The Competition is regulated by the CPA, and it is not intended that any provision of these rules contravenes any  provision of the CPA. Therefore all provisions of these rules must be treated  as being qualified by the CPA, if necessary, to ensure that the provisions of the CPA are complied with.

Dispute

If any dispute arises in relation to the Competition and its rules, the decision of Ozow shall be final and no correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded here:

Download here ↓

“Use Ozow to pay for your Intercape Ticket and stand a chance to Win Cash Back”

Intercape Competition Rules

Read these terms and conditions carefully. These competition rules (“rules”) explain your rights and duties in connection with this competition (“Competition”). If you take part in this Competition and/or accept any prize, these rules will apply to you, and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”) do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by such Entrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Promoter:

This Competition is sponsored and promoted by Ozow Pty Ltd (reg. no. 2013/214663/07) (“Ozow”) and Intercape Ferreira Mainliner (reg. no.: 1994/005758/07) (collectively “the Promoters”) including any person which, directly or indirectly is Controlled, or Controls the Promoters and any directors, officers, employees, agents, and representatives of the Promoters.  

Control”, as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition period

18 March 2024 – 8 April 2024

Prize

 

Stand the chance to win:

  • the value of your Intercape Ticket back in cash, capped at a maximum amount of R10,000 OR you could win 1 of 10 R500 Intercape Vouchers towards your next trip on Intercape.
  • No alternative to the prize will be offered.  
  • The prize is not transferable.
  • Intercape Vouchers can only be used during off-peak times and will be subject to Intercape standard terms and conditions.

Who can enter and how?

Any natural person who is a resident of South Africa may enter this Competition.

To enter, Entrants need to pay for Intercape Tickets with Ozow.

Who cannot enter?

  • People under the age of 18 years. Entrants under the age of 18 must obtain permission from their parents or guardians before entering the Competition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt/possession of a Prize if that Entrant becomes a Winner.
  • Directors, members, shareholders, agents, consultants, or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.
  • The suppliers of any goods or services in respect of the Competition.

How many winners will be chosen?

  • 1 winner will be chosen to win back the cash equivalent of an Intercape Ticket purchased using Ozow, with a maximum cap of R10,000.
  • 10 winners will be selected to win an Intercape Voucher to the value of R500.

General

Entry fees

There are no entry fees to participate in this competition.

Additional fees

The data costs, or any other costs, incurred by an Entrant in the ordinary course of business will apply during the Competition Period.

Is there a limit on the number entries?

Entrants can enter as many times as they like, but there will only be one winner per prize. Entrants are allowed to win once during the Competition Period (i.e. one winner per prize over the Competition Period).

Who may not win a prize?

An Entrant may not win a Prize if it is unlawful for the Promoters to provide such Prize to an Entrant.  

In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of the rules, then, without prejudice to any other remedy which the Promoters may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won a Prize). 

How will winners be chosen and when will they be notified?

The Winner will be determined at random by a computer-generated programme operated by Ozow in terms of which:

  1. 1 winner will be chosen, at the end of the Competition Period to win back the cash equivalent of an Intercape Ticket purchased using Ozow, with a maximum cap of R10,000; and
  1. 10 winners will be selected to win a Intercape Voucher to the value of R500;

The draw will take place at the end of the Competition period, at Ozow’s discretion. The first appearing Entrant/s in the draw for each of (i) and (ii) shall be the Winner/s of the Prizes for the Competition Period. Ozow will further select numerous additional Entrants in order to cater for any forfeiting of Prizes (“Backup Winners”).

  • The determination of the draw made by Ozow will be final and no related correspondence will be entered into.  
  • The Winner will be contacted by Intercape, shortly after the draw.  
  • The Winner shall be required to agree to the Prize and to allow the Promoters to publish the Winner's name on their respective website and various social media platforms, including but not limited to Facebook and Instagram.
  • Intercape will attempt to contact the Winner at least 2 times. If Intercape is unable to contact the Winner, or the Winner declines the Prize or to allow their name to be published by the Promoters, such Winner will forfeit his/her/their prize, and the Promoters reserve the right to award such prize to the next Entrant from the Backup Winners. If such new Winner agrees to accept the Prize and the publishing of their name subject to these rules, that person will be a Winner of a Prize in the Competition.
  • Once a Winner has agreed to the Prize and to the publishing of his/her/their name, the Promoters may announce the name of the Winner on its website and/or various social media platforms, in Ozow’s discretion.
  • The selection and/or announcement of a Winner by Ozow will be done after the end of the Competition Period, at Ozow’s discretion.

How will the prize be claimed?

The logistics involved for the delivery of the Prize to the Winner will be made within one month of the notification of the Winner, by Intercape and/or Ozow, or such other time period that is communicated to the Winner.

Personal information

The terms and conditions applicable to the processing of personal information (“PI”) (as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees that by entering the Competition:  

  1. The promoters may contact you using written, electronic, or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you the Promoters, now or in the future, regarding the Promoters or the use of Ozow’s services or that of Intercape. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;  
  1. You may receive any form of advertising, including by way direct or indirect marketing, electronic marketing, or tele-marketing in relation to Ozow and Intercape, or the use of Ozow’s services and that of Intercape; and  
  1. tThe promoters may process and/or store any of your PI trans-border, specifically, in the case of Ozow, in the Amazon Web cloud hosting Services.  

For further information, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at privacy@ozow.com.

Participation in marketing

The Promoters may invite the Winner to be present when the Winner is announced, to participate in any marketing activities of the Promoters, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by the Promoters, for which no fee, royalty or other compensation will be payable. The Winner may decline this.

Waiver

The Promoters reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which the Promoters deem necessary. In the event of such variation, postponement, suspension, or cancellation, the Promoters agree to waive any rights, interests, and expectations that any Entrant or Winner may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against the Promoters.

Additional information

The Promoters may require the Winner to provide them with additional information and documentation in order to process, confirm and facilitate the Winners’ acceptance and delivery of the Prize. If the Winner refuses to provide the Promoters with the requested information or documentation, the Winner will forfeit their Prize.

Liability

If any Entrant fails to comply with any of these rules, then, without prejudice to any other remedy which the Promoters may have,  

  • such Entrant will be automatically disqualified, and such Entrant will forfeit their Prize (in the event that such Entrant has already won a Prize);  
  • an Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly or indirectly as a result of non-compliance, including all legal costs (including attorney and own client costs) which Ozow may incur in taking any steps pursuant to an Entrant and/or Winner’s non-compliance; and  
  • such Entrants and Winners indemnify and hold Ozow, as applicable, harmless against any claim by any Person, (whether direct, indirect, incidental, punitive, or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to such Entrants’ or Winners’ failure to comply herewith.  

The Promoters decision on any matter concerning the Competition and/or arising out of these rules are final and binding on all Entrants and Winners.  

The Promoters will not be responsible, and disclaim all liability, for any loss, liability, injury, expense, or damage (whether direct, indirect, incidental, punitive, or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by any Entrant’s participation in the Competition; the acceptance and/or use by any Winner of any Prize; or by any action taken by the Promoters in accordance with these rules.

Limitation of liability

Without limitation, the Promoters are not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

The Promoters are not responsible for any injury or damage suffered by an Entrant’s, or any other Person’s, computer, mobile telephone, or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

The Promoters do not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that –

  • an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or
  • a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards, or expectation.

Indemnification

All Entrants, and in the event of an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant may suffer, howsoever arising, in relation to such Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

Applicable law

These rules will be construed, interpreted, and enforced in accordance with the laws of the Republic of South Africa.

Consumer Protection Act, 68 of 2008 (“CPA”)

The Competition is regulated by the CPA and it is not intended that any provision of these rules contravenes any provision of the CPA. Therefore all provisions of these rules must be treated as being qualified by the CPA, if necessary, to ensure that the provisions of the CPA are complied with.

Dispute

If any dispute arises in relation to the Competition and its rules, the decision of the Promoters shall be final and no correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded here:

Download here ↓

“Use Ozow to pay for your FlySafair Ticket and stand a chance to Win Cash Back”

FlySafair Competition Rules

Read these terms and conditions carefully. These competition rules (“rules”)explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you, and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition Details:

This Competition is sponsored and promoted by Ozow Pty Ltd (reg. no. 2013/214663/07) (“Ozow”)  

Reference to “Ozow” includes any person which, directly or indirectly is Controlled, or Controls Ozow and any directors, officers, employees, agents, and representatives of Ozow.

 

Control”, as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition period

27 March 2024 – 15 April 2024

Prize

 

Stand the chance to win:

  • the value of one FlySafair Flight Ticket purchased with Ozow back in cash, capped at a maximum amount of R10,000.
  • No alternative to the prize will be offered.
  • The prize is not transferable.

Who can enter and how?

Any natural person who is a resident of  South Africa may enter this Competition.

To enter, Entrants need to pay for a  FlySafair Flight Ticket with Ozow.

Who cannot enter?

  • People  under the age of 18 years. Entrants under the age of 18 must obtain permission from their  parents or guardians before entering the Competition, who must approve of and  consent to the Entrant’s participation in the Competition and the  receipt/possession of a Prize if that Entrant becomes a Winner.
  • Directors,  members, shareholders, agents, consultants, or employees of Ozow, or any of  such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.
  • The  suppliers of any goods or services in respect of the Competition.  

How many winners will be chosen?

  • 1 winner will be chosen to win back the cash equivalent of one FlySafair Flight Ticket, purchased using Ozow, up to a maximum cap of R10,000.

General

Entry fees

There are no entry fees to participate in  this Competition.

Additional fees

The data costs, or any other  costs, incurred by an Entrant in the ordinary course of business will apply during the Competition Period.

Is there a limit on the number entries?

Entrants can enter as many times as they like, but there will only be one winner. Entrants are allowed to win once during the Competition Period (i.e. one winner over the Competition Period).

Who may not win a prize?

An Entrant may not win a Prize if it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of the rules, then, without prejudice to  any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won a Prize).

How will winners be chosen and when will they be notified?

  • The Winner will be determined at random by a computer-generated programme operated by Ozow interms of which 1 winner will be chosen, at the end of the Competition Period to win back the cash equivalent of oneFlySafair Flight Ticket purchased using Ozow, up to a maximum cap of R10,000.
  • The draw will take place at the end of the Competition period, at Ozow’s discretion. The first appearing Entrant/s in the draw will be the Winner of the Prize for the Competition Period.
  • Ozow will further select numerous additional Entrants in order to cater for any forfeiting of the Prize (“Backup Winners”).
  • The determination of the draw made by Ozow will be final and no related correspondence will be entered into.
  • The Winner will be contacted by FlySafair and/or Ozow, shortly after the draw.
  • The Winner shall be required to agree to the Prize and to allow Ozow to publish the Winner's name on their respective website and various social media platforms, including but not limited to Facebook and Instagram.
  • FlySafair or Ozow will attempt to contact the Winner at least 2 times. If FlySafair or Ozow is unable to contact theWinner, or the Winner declines the Prize or to allow their name to be published by Ozow, such Winner will forfeit his/her/their prize, and Ozow reserves the right to award such prize to the next Entrant from the Backup Winners. If such new Winner agrees to accept the Prize and the publishing of their name subject to these rules, that person will be a Winner of a Prize in the Competition.
  • Once a Winner has agreed to thePrize and to the publishing of his/her/their name, Ozow may announce the name of the Winner on its website and/or various social media platforms, in Ozow’s discretion.
  • The selection and/or announcement of a Winner by Ozow will be done after the end of the CompetitionPeriod, at Ozow’s discretion.

How will the prize be claimed?

The logistics involved for the  delivery of the Prize to the Winner will be made within one month of the notification of the Winner, by FlySafair and/or Ozow, or such other time period that is  communicated to the Winner.

Personal information

The terms and conditions applicable to the processing of personal information (“PI”)(as defined in Protection of Personal Information Act 2013 (“POPI"))by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees that by entering the Competition:

1.      Ozow may contact you using written, electronic, or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you to Ozow, now or in the future, regarding Ozow’s services. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;

2.     you may receive any form of advertising, including by way direct or indirect marketing, electronic marketing, or tele-marketing in relation to Ozow, or the use of Ozow’s services; and

3.     Ozow may process and/or store any of your PI trans-border, specifically in theAmazon Web cloud hosting Services.

For further information, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite the Winner to be present when the Winner is announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winner may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary. In the event of such variation, postponement, suspension, or cancellation, Ozow agrees to waive any rights, interests, and expectations that any Entrant or Winner may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Additional information

Ozow may require the Winner to provide them with additional information and documentation in order to process, confirm and facilitate the Winners’ acceptance and delivery of the Prize. If the Winner refuses to provide Ozow with the requested information or documentation, the Winner will forfeit their Prize.

Liability

If any Entrant fails to comply with any of these rules,then, without prejudice to any other remedy which Ozow may have,

  • such Entrant will be automatically disqualified, and such Entrant will forfeit their Prize (in the event that such Entrant has already won a Prize);
  • an Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly or indirectly as a result of non-compliance, including all legal costs(including attorney and own client costs) which Ozow may incur in taking any steps pursuant to an Entrant and/or Winner’s non-compliance; and
  • such Entrants and Winners indemnify and hold Ozow, as applicable, harmless against any claim by any Person, (whether direct, indirect, incidental, punitive, or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to such Entrants’ or Winners’ failure to comply herewith.

Ozow’s decision on any matter concerning the Competition and/or arising out of these rules are final and binding on all Entrants and Winners. Ozow will not be responsible, and disclaim all liability, for any loss, liability, injury, expense, or damage (whether direct, indirect, incidental, punitive, or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by any Entrant’s participation in the Competition; the acceptance and/or use by any Winner of any Prize; or by any action taken by Ozow in accordance with these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or  technical malfunction of any telephone network or lines, computer on-line  systems, servers, or providers, computer hardware or software failure or  malfunction, traffic congestion (whether physical, or on the Internet,  telephone lines or at any service provider, website or other device or  medium), or any combination thereof, or any other technical or other problems  experienced by an Entrant when entering the Competition.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any other Person’s, computer, mobile telephone, or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that –

  • an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or
  • a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards, or expectation.

Indemnification

All Entrants, and in the event of  an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any  other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless  against any claim by an Entrant (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or  any other cause, relating to any injury, loss, liability, expense and/or  damage which an Entrant may suffer, howsoever arising, in relation to such  Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

Applicable law

These rules will be construed, interpreted, and enforced in accordance with the laws of the Republic of South  Africa.  

Consumer Protection Act, 68 of 2008 (“CPA”)

The Competition is regulated by the CPA and it is not intended that any provision of these rules contravenes any provision of the CPA. Therefore all provisions of these rules must be treated as being qualified by the CPA, if necessary, to ensure that the provisions of the CPA are complied with.

Dispute

If any dispute arises in relation to the Competition and its rules, the decision of the Promoters shall be final and no correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded here:

Download here ↓

“Use Ozow to pay for your Lift Airlines Ticket and stand a chance to Win Cash Back”

Lift Competition Rules

Read these terms and conditions carefully. These competition rules (“rules”)explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you, and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition Details:

This Competition is sponsored and promoted by Ozow Pty Ltd (reg. no. 2013/214663/07) (“Ozow”)  

 Reference to “Ozow” includes any person which, directly or indirectly is Controlled, or Controls Ozow and any directors, officers, employees, agents, and representatives of Ozow.

 

Control”,as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition period

27 March 2024 – 15 April 2024

Prize

 

Stand the chance to win:

  • the value of one Lift Flight Ticket purchased with Ozow back in cash, capped at a maximum amount of R10,000.
  • No alternative to the prize will be offered.
  • The prize is not transferable.

Who can enter and how?

Any natural person who is a resident of South Africa may enter this Competition.

To enter, Entrants need to pay for a Lift Flight Ticket with Ozow.

Who cannot enter?

  • People under the age of 18 years. Entrants under the age of 18 must obtain permission from their parents or guardians before entering the Competition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt/possession of a Prize if that Entrant becomes a Winner.
  • Directors, members, shareholders, agents, consultants, or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.
  • The suppliers of any goods or services in respect of the Competition.

How many winners will be chosen?

  • 1 winner will be chosen to win back the cash equivalent of one Lift Flight Ticket, purchased using Ozow, up to a maximum capof R10,000.

General

Entry fees

There are no entry fees to participate in  this Competition.

Additional fees

The data costs, or any other costs, incurred by an Entrant in the ordinary course of business will apply during the Competition Period.

Is there a limit on the number entries?

Entrants can enter as many times as they like, but there will only be one winner. Entrants are allowed to win once during the Competition Period (i.e. one winner over the Competition Period).

Who may not win a prize?

An Entrant may not win a Prize if it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of the rules, then, without prejudice to any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won aPrize).

How will winners be chosen and when will they be notified?

  • The Winner will be determined at random by a computer-generated programme operated by Ozow in terms of which 1 winner will be chosen, at the end of the Competition Period to win back the cash equivalent of one Lift Flight Ticket purchased using Ozow, up to a maximum cap of R10,000.
  • The draw will take place at the end of the Competition period, at Ozow’s discretion. The first appearing Entrant/s in the draw will be the Winner of the Prize for the Competition Period.
  • Ozow will further select numerous additional Entrants in order to cater for any forfeiting of the Prize (“Backup Winners”).
  • The determination of the draw madeby Ozow will be final and no related correspondence will be entered into.
  • The Winner will be contacted by Lift and/or Ozow, shortly after the draw.
  • The Winner shall be required to agree to the Prize and to allow Ozow to publish the Winner's name on their respective website and various social media platforms, including but not limited to Facebook and Instagram.
  • Lift or Ozow will attempt to contact the Winner at least 2 times. If Lift or Ozow is unable to contact the Winner, or the Winner declines the Prize or to allow their name to be published by Ozow, such Winner will forfeit his/her/their prize, and Ozow reserves the right to award such prize to the next Entrant from the Backup Winners. If such new Winner agrees to accept the Prize and the publishing of their name subject to these rules, that person will be a Winner of a Prize in the Competition.
  • Once a Winner has agreed to the Prize and to the publishing of his/her/their name, Ozow may announce the name of the Winner on its website and/or various social media platforms, in Ozow’s discretion.
  • The selection and/or announcement of a Winner by Ozow will be done after the end of the Competition Period, at Ozow’s discretion.

How will the prize be claimed?

The logistics involved for the delivery of the Prize to the Winner will be made within one month of the notification of the Winner, by Lift and/or Ozow, or such other time period that is communicated to the Winner.

Personal information

The terms and conditions applicable to the processing of personal information (“PI”)(as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees that by entering the Competition:

  1. Ozow may contact you using written, electronic, or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you to Ozow, now or in the future, regarding Ozow’s services. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;
  2. you may receive any form of advertising, including by way direct or indirect marketing, electronic marketing, or tele-marketing in relation to Ozow, or the use of Ozow’s services; and
  3. Ozow may process and/or store any of your PI trans-border, specifically in the Amazon Web cloud hosting Services.

For further information, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite the Winner to be present when the Winner is announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winner may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary. In the event of such variation, postponement, suspension, or cancellation, Ozow agrees to waive any rights, interests, and expectations that any Entrant or Winner may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Additional information

Ozow may require the Winner to provide them with additional information and documentation in order to process, confirm and facilitate the Winners’ acceptance and delivery of the Prize. If the Winner refuses to provide Ozow with the requested information or documentation, the Winner will forfeit their Prize.

Liability

If any Entrant fails to comply with any of these rules, then, without prejudice to any other remedy which Ozow may have,

  • suchEntrant will be automatically disqualified, and such Entrant will forfeit their Prize (in the event that such Entrant has already won a Prize);
  • an Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly or indirectly as a result of non-compliance, including all legal costs (including attorney and own client costs) which Ozow may incur in taking any steps pursuant to an Entrant and/or Winner’s non-compliance; and
  • such Entrants and Winners indemnify and hold Ozow, as applicable, harmless against any claim by any Person, (whether direct, indirect, incidental, punitive, or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to such Entrants’ or Winners’ failure to comply herewith.

Ozow’s decision on any matter concerning the Competition and/or arising out of these rules are final and binding on allEntrants and Winners.

Ozow will not be responsible, and disclaim all liability, for any loss, liability, injury, expense, or damage (whether direct, indirect, incidental, punitive, or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by any Entrant’s participation in the Competition; the acceptance and/or use by any Winner of any Prize; or by any action taken by Ozow in accordance with these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on theInternet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any other Person’s, computer, mobile telephone, or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that –

  • an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or
  • a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards, or expectation.

Indemnification

AllEntrants, and in the event of an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant may suffer, howsoever arising, in relation to such Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

Applicable law

These rules will be construed, interpreted,  and enforced in accordance with the laws of the Republic of South Africa.   

Consumer Protection Act, 68 of 2008 (“CPA”)

The Competition is regulated by the CPA and it is not intended that any provision of these rules contravenes any provision of the CPA. Therefore all provisions of these rules must be treated as being qualified by the CPA, if necessary, to ensure that the provisions of the CPA are complied with.

Dispute

If any dispute arises in relation to the Competition and its rules, the decision of Ozow shall be final and no correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded here:

Download here ↓
Ozow Ts & Cs

Ozow Ts & Cs

Welcome to www.ozow.com. Your use of our Website is subject to these terms and conditions (“Website Terms“). You must read these Website Terms carefully before using this Website as your continued use of this Website will indicate that you have accepted them.

1. WHY DO WE HAVE THESE WEBSITE TERMS?

1.1. Whether you are a guest, an Ozow merchant or a consumer (“you” or “your”), these Website Terms (together with all documentation referred to in it) tell you the terms of use on which you may use the Ozow Proprietary Limited (“Ozow“, “we“, our” or “us“) website and/or any related applications which are accessible at www.ozow.com (“Website“).

1.2. The use of our Website includes accessing, browsing, linking or downloading any information made available on our Website (“Content“), and using any of our services made available on our Website (“Services“).

2. YOUR AGREEMENT WITH OZOW

2.1 Your access and continued use of our Website, Content or our Services means that you agree to enter into a legally binding contract with us as set out in these Website Terms.

2.2 These Website Terms may also refer to additional terms and conditions and Ozow policies, which may apply to you, and if applicable you will be made aware of same.

2.3 The Website is intended for persons who are at least 18 years or older and who have the legal capacity to enter into contracts in the Republic of South Africa. If you do not meet these requirements, you should immediately leave our Website.

2.4 We manage the collection, processing and storage of your personal information in accordance with Ozow’s Privacy Policy and the Promotion of Access to Information Act, No. 2 of 2000 (“PAIA”) Manual, both of which are available on Ozow’s Website. By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy and PAIA Manual.

2.5 We may update our Website, Content, these Website Terms, our Privacy Policy and PAIA Manual from time to time. Each time you use the Website or our Services, it is your responsibility to review these Website Terms, our Privacy Policy and PAIA Manual in case of any such updates or amendments. If you do not agree to Ozow’s updates, you must refrain from using the Website or our Services.

2.6 If you have any questions about these Website Terms, our Privacy Policy, our PAIA Manual or any documents incorporated by reference in these Website Terms, please contact us at support@ozow.com.

3. ACCESS TO OUR WEBSITE

3.1 You are responsible for obtaining and maintaining all facilities, services, products and equipment that may be required by you to maintain access or use to the Website and any of our Services. You are required to, at all times, provide your own hardware, software, modem and internet connectivity as well as electronic communications infrastructure.

3.2 We do not guarantee that our Website or the Content on it will always be accessible or always be uninterrupted. We will not be liable to you if, for any reason, our Website or the Services accessible on our Website are unavailable to you at any time or for any period.

4. ACCURACY OF CONTENT

4.1 Whilst we take all reasonable steps and precautions to ensure the accuracy of all of the Content we make available on our Website, the Content is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice.

4.2 You understand and agree that our Content may change from time to time. The Website may therefore not always contain the correct or current information, details and descriptions and to the extent permitted by law, we make no representations, warranties, or guarantees, whether express or implied, that our Content is accurate, complete or current.

5. HOW TO USE OUR WEBSITE OR OUR SERVICES

5.1 You may use our Website, Services or Content only for lawful purposes.

5.2 You may not use our Website, our Services or our Content:

5.2.1 in any way that is unlawful, improper, immoral or fraudulent or has such purpose or effect;

5.2.2 for the purposes of submitting false, inaccurate or misleading information on the Website or conducting yourself in a false, inaccurate or misleading fashion;

5.2.3 in any way that is threatening, stalking, defrauding, inciting, harassing or otherwise interfering with another person’s use of the Website, our Services or any Ozow products or services;

5.2.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;

5.2.5 to conduct keyword spamming or otherwise attempt to manipulate search results;

5.2.6 to create, host, or transmit any defamatory, offensive, or obscene material, or to engage in activities which would offend others on grounds of race, religion, creed, or sex;

5.2.7 to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or that would constitute a criminal offence or give rise to civil liability;

5.2.8 to solicit personal information from minors or to harm or threaten to cause harm to minors;

5.2.9 to run any robot, spider, site search or retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Website or any Content;

5.2.10 to transmit any computer viruses, worms, defects, trojan horses, time bombs, cancelbots or other computer programming routines or items of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;

5.2.11 to access, or attempt to access, the accounts of others;

5.2.12 to penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware or systems;

5.2.13 to make excessive traffic demands;

5.2.14 to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data; or

5.2.15 to conduct any activities which adversely affects the ability of other people or systems to use the Services or the internet generally.

5.3 You agree to comply with all local laws and regulations regarding online conduct and acceptable content. You also agree to comply with any applicable regulations regarding the export of any data from any country.

5.4 The list in paragraph 5.2 above only serves to provide examples and is not meant to be an exhaustive list of the types of unacceptable uses of the Website, the Services or Content that may result in the restriction, suspension, or termination of your use of the Website, our Content or our Services.

5.5 Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.

5.6 Subject to the further provisions of these Website Terms, you are not permitted to (i) frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content; (ii) incorporate any part of the Content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use.

5.7 In addition, you shall not and shall not permit a third party to:

5.7.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of

the software forming part of the Website and/or the Content (“the Software“) or any files contained in or generated by the Software by any means whatever;

5.7.2 remove any product identification, copyright or other notices, from the Software or documentation;

5.7.3 lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your hardware; or

5.7.4 disseminate performance information or analysis of the Software from any source relating to the Software.

6. YOUR USE OF PUBLIC FORUMS

6.1 The Website may contain interactive services, including but not limited to social networking features, such as access to Ozow’s YouTube, Facebook, Twitter and Instagram pages (“Public Forums“), which may permit you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio and video recordings (“Postings“).

6.2 Content, information, and materials posted by users to Public Forums (including Third Party Websites) are subject to the terms and conditions of such Public Forums and are not endorsed by us. The opinions expressed in Public Forums are not necessarily ours and any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, other content or materials on Public Forums. You release us from all claims and liability of every kind and nature, arising out of or in any way connected with a dispute with another user of the Website.

6.3 We reserve the right to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these Website Terms. We may restrict, suspend or terminate your use of these services or the Website where, in our sole discretion, we believe that there may have been such a misuse.

6.4 Any Postings you make will not be considered confidential or secret. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Public Forums.

6.5 You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful and that no other party has any rights thereto.

6.6 We may delete or destroy your Postings at any time.

7. YOUR USE OF THIRD PARTY WEBSITES

7.1 The Website, Content and Services may also contain links to access other third party websites (“Third Party Websites“). If you access any Third Party Websites, you will be subject to those Third Party Websites’ terms and conditions and other policies. Any content, information, and materials on any Third Party Websites is not endorsed by Ozow.

7.2 Your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information provided on such Third Party Websites.

8. PROMOTIONAL COMPETITIONS OR OFFERS

8.1 Certain parts of the Website may contain competitions or promotions from Ozow or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website and/or a merchant’s website from time to time.

8.2 By entering or participating in the relevant competition or promotion you agree to be bound by such terms and conditions. Notwithstanding any specific terms and conditions, we retain the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website and/or the merchant’s website, without any liability to you.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 All rights, including Intellectual Property Rights, in all material and content on the Website are owned or licensed by us.

9.2 You agree that you are permitted to use this material and/or content only as set forth in and to the extent permitted by these Website Terms. For purposes of these Website Terms, “Intellectual Property Rights” shall mean any patents, rights to inventions, copyright and related rights, moral rights, trademarks, service marks, logos, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, scripts, graphics, photos, sounds, music, videos, interactive features and the like, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist anywhere in the world.

9.3 We reserve all rights, including all Intellectual Property Rights, not expressly granted herein to the Website and the Content we make available on or via the Website.

9.4 You agree to refrain from engaging in the use, copying, or distribution of any of the Content other than as expressly permitted by us, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you are obliged to retain all copyright and other proprietary notices contained therein.

9.5 You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or Content. All the rights of Ozow and its employees or agents are reserved in this regard.

9.6 Any copying, reproduction, modification, creation of derivative works from or redistribution of the Website and/or Content or any portion thereof is expressly prohibited.

10. INDEMNITY

10.1 To the extent permitted by law, you agree to defend, indemnify and hold us and our officers, affiliates, successors, assigns, directors, agents, service providers, suppliers, and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including but not limited to attorneys’ fees, arising from:

10.1.1 your use of and access to the Website, Content and/or the Services;

10.1.2 your breach of any of these Website Terms;

10.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property or privacy right; and/or10.1.4 any claim that the Content caused damage to a third party.

10.2 This clause 10 will survive termination, modification or expiration of these Website Terms and your use of the Services, the Content and the Website.

11. LIMITATION OF LIABILITY

11.1 Subject to clause 11.2 below, neither us nor any of our agents, officers, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the Services or Content provided from and through the Website.

11.2 These Website Terms do not or do not purport to limit or exempt us from any liability including without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for, on our behalf or controlled by us, to the extent that the law does not permit such a limitation or exemption; and do not require you to assume risk or liability, to the extent that same is not permitted by law.

12. EXCLUSION OF WARRANTIES AND REPRESENTATIONS

12.1 To the extent permitted by law, Ozow makes no representation or warranty whatsoever, whether express, implied or statutory, regarding the Website or the Services, including, without limitation, no representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Content.

13. GENERAL TERMS

13.1 These Website Terms and the relationship between you and Ozow shall be governed and construed in accordance with the law of the Republic of South Africa.

13.2 Except as expressly provided by Ozow on the Website, these Website Terms read with our Privacy Policy and PAIA Manual and any additional terms concluded specifically between yourself and Ozow, where applicable, constitute the entire agreement between you and Ozow with respect to the use of this Website, the Services and the Content.

13.3 The Website is not targeted at individuals under the age of 18 years and we will not knowingly collect information from persons in this age group.

13.4 Any disputes arising in connection with these Website Terms and our Services shall be subject to the exclusive jurisdiction of the courts located in Johannesburg, South Africa.

13.5 Please report any violations of the Website Terms (including the Privacy Policy, the PAIA Manual or any documents incorporated by reference) that you become aware of by contacting us at support@ozow.com and legal@ozow.com.

13.6 Any failure to exercise or enforce any right or provision of the Website Terms shall not constitute a waiver of such right or provision.

13.7 Save as otherwise provided, no provision of these Website Terms constitutes a stipulation for the benefit of a third person which, if accepted by the person, would bind any party in favour of that person.

13.8 The termination of any contract created by these Website Terms will be without prejudice to any other rights or remedies under the Website Terms or at law, and will not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision of these Website Terms which is expressly or by implication intended to come into or continue in force on or after such termination.

13.9 If any term or condition contained in these Website Terms is declared invalid, the remaining terms and conditions will still remain valid and in full force and effect, unless expressly stated otherwise.

13.10 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Website Terms to any third party.

13.11 You may terminate these Website Terms at any time by ceasing to use the Website or the Content and destroying all materials received or downloaded from this Website.

13.12 If these Website Terms, or any contract governed by these Website Terms, or the Services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act 68 of 2008, as may be amended from time to time (the “Consumer Protection Act“), it is not intended that any provision of these Website Terms contravene any provision of the Consumer Protection Act. Therefore, all provisions of these Website Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are duly complied with.

13.13 For the purposes of the Electronic Communications and Transactions Act 25 of 2002, Ozow’s information is as follows:

· Full name: Ozow Proprietary Limited, a private company registration number 2013/214663/07.

· Main business: Automated secure online electronic funds transfer payment service provider.

· Office bearers: The list of office bearers can be found at www.ozow.com.

· Physical Address for legal notices: 30 Melrose Boulevard, Mezzanine Level Office MO213, Melrose Arch, 2196.· Website: www.ozow.com.· Official email address: info@ozow.com.

· Contact telephone number: ++27 11 054 4744.The Ozow Privacy Policy and the PAIA Manual may be downloaded from www.ozow.com which should be read together with the above terms and conditions.

The Ozow Privacy Policy and the PAIA Manual may be downloaded from www.ozow.com which should be read together with the above terms and conditions.

URC Championship Competition


COMPETITION RULES

Interact on Ozow’s Facebook Page and you could win United Rugby Championship Final Tickets

Read these terms and conditions carefully. These competition rules (“rules”)explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition details

This Competition is sponsored and promoted by Ozow Proprietary Limited (reg. no. 2013/214663/07) (“Ozow”). Any reference to Ozow includes any person which, directly or indirectly isControlled by Ozow, or Controls Ozow and any directors, officers, employees, agents and representatives of Ozow. “Control”, as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition Period

17 June  2022 to 08h00, 18 June 2022

Prize

Two tickets to the United Rugby Championship Final between the Stormers and the  Bulls on 18 June 2022, at the Cape Town Stadium. The Prize may not be deferred, changed or exchanged for any other item or for  cash and is subject to any terms, conditions and/or limitations contained in  such voucher.

Who can enter and how?

Any natural person who is a resident of Western Cape, South Africa may enter this Competition.

To enter, Entrants will need to “like” and/or “follow” Ozow’s Facebook page, tag the person who would accompany the Entrant for purposes of the Prize on the relevant marketing post advertised as such by Ozow, and follow any other instructions on Ozow’s relevant marketing post (including completing their details on a separate landing page to which Ozow may redirect the Entrant).

It is the responsibility of all Entrants to ensure that their entry is received by Ozow prior to the end of the Competition Period. Any entries that are not received during theCompetition Period will not be eligible to participate, regardless of the reason. Ozow will not be responsible for any entries which are not received by Ozow, whether timeously or at all, regardless of the cause thereof.

How many winners will be chosen?

1  Winner.

GENERAL

Who cannot enter?

  • People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of 18 must obtain permission from their parents or guardians before entering theCompetition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt / possession of a Prize if that Entrant becomes a Winner.
  • Directors, members, shareholders, agents, consultants or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.
  • The suppliers of any goods or services in respect of the Competition.

Entry fees

There are no entry fees to participate in this Competition.

Additional fees

The data costs, or any other costs, incurred by an Entrant in the ordinary course of business will apply during the Competition Period.

Is there a limit on the number entries?

There is no limit on the number of entries in this Competition.

Who may not win a prize?

An Entrant may not win a Prize if  it is unlawful for Ozow to provide such Prize to an Entrant. In the event  that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of these rules, then, without prejudice to any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won aPrize).

How will winners be chosen and when will they be notified?

The  Winners will be determined at random by a computer-generated programme  operated by Ozow in terms of which numerous Entrants will be drawn (“draw”)  for the entire Competition Period.

Ozow  will further select numerous additional Entrants in order to cater for any  forfeiting of Prizes

(“Backup Winners”).

The  draw will take place at approximately 09h00 on 18 June 2022.

The  determination of the draw made by Ozow will be final and no related  correspondence will be entered into.

A  Winner will be notified of their winnings by Ozow, shortly after the draw.

The  Winner shall be required to agree to the winnings and to allow Ozow to  publish the Winner's name on their website and various social media  platforms, including but not limited to Facebook and Instagram.

Ozow  will attempt to contact each Winner at least 2 times. If Ozow is unable to  contact a Winner, or a Winner declines the Prize or to allow their name to be  published by Ozow, such Winner will forfeit his/her/their prize, and Ozow reserve  the right to award such prize to the next Entrant from the Backup Winners.

If  such new Winner agrees to accept the Prize and the publishing of their name  subject to these rules, they will be a Winner of a Prize in the Competition.

Once  a Winner has agreed to the Prize and to the publishing of his/her/their name,  Ozow may announce the name of the Winner on its website and/or various social  media platforms, at their selection, including but not limited to Facebook  and Instagram.

The  selection and/or announcement of a Winner (or Winners) by Ozow will be done  after the end of the Competition Period, at Ozow’s discretion.

If Ozow is unable to successfully contact a Winner or two Backup Winners (or  such winners decline or forfeit the Prize for any reason) – it reserves the  right to not draw or select any further winners, at its discretion.

How will the prize be claimed?

The  logistics involved for the delivery or payment of the Prize (as the case may  be) to Winners will be made on 18 June 2022, by Ozow, or such other time  period that is communicated to the Winners.

Personal information

The terms and conditions applicable to the processing of personal information (“PI”)(as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees that by entering theCompetition:

  1. Ozow may contact you using written, electronic or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you to Ozow, now or in the future, regarding Ozow or the use of Ozow’s services. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;
  2. You may receive any form of advertising, including by way direct or indirect marketing, electronic marketing or tele-marketing in relation to Ozow, or the use of Ozow’s services;
  3. Ozow may process and/or store any of your PI trans-border, specifically in the Amazon Web cloud hosting Services.

For further information, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite each Winner to be present when the Winners are announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winners may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary. In the event of such variation, postponement, suspension or cancellation, Ozow agrees to waive any rights, interests and expectations that any Entrants or Winners may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Additional information

Ozow may require each Winner to provide Ozow with additional information and documentation in order to process, confirm and facilitate each Winners’ acceptance and delivery of their Prize. If any Winner refuses to provide Ozow with the requested information or documentation, such Winner will forfeit their Prize.

Ozow is further not responsible or liable in the event that the Winner is obliged, and fails to or is unable to, comply with any third party terms and conditions related to the utilisation of the Prize by the Winner.

Liability

If any Entrant fails to comply with any of these rules, then, without prejudice toany other remedy which Ozow may have,

  • such Entrant will be automatically disqualified, and such Entrant will forfeit their Prize (in the event that such Entrant has already won a Prize);
  • an Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly or indirectly as a result of non-compliance, including all legal costs(including attorney and own client costs) which Ozow may incur in taking any steps pursuant to an Entrant and/or Winner’s non-compliance; and
  • such Entrants and Winners indemnify and hold Ozow, as applicable, harmless against any claim by any Person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to such Entrants’ or Winners’ failure to comply herewith.

Ozow’s decision on any matter concerning the Competition and/or arising out of these rules is final and binding on all Entrants and Winners. Ozow will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by any Entrant’s participation in the Competition; the acceptance and/or use by any Winner of any Prize; or by any action taken by Ozow in accordance with these rules.

Limitation of liability

Without limitation, Ozow is not  responsible for, and is in no way liable in relation to, any problems or  technical malfunction of any telephone network or lines, computer on-line  systems, servers, or providers, computer hardware or software failure or  malfunction, traffic congestion (whether physical, or on the Internet,  telephone lines or at any service provider, website or other device or  medium), or any combination thereof, or any other technical or other problems  experienced by an Entrant when entering the Competition or redeeming or using  the Prize.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any otherPerson’s, computer, mobile telephone or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that –

  • an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or
  • a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, anEntrant’s partner’s, requirements, preferences, standards or expectation.

Indemnification

All Entrants, and in the event of an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant may suffer, howsoever arising, in relation to such Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

Applicable law

These rules will be construed, interpreted and enforced in accordance with the laws of the Republic of South Africa.

ConsumerProtection Act, 68 of2008 (“CPA”)

The Competition is regulated by the CPA and it is not intended that any provision of these rules contravenes any provision of the CPA. Therefore all provisions of these rules must be treated as being qualified by the CPA, if necessary, to ensure that the provisions of the CPA are complied with.

Dispute

If any dispute arises in relation  to the Competition and its rules, the decision of Ozow shall be final and no correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded in printable form

Ozow Brand Perception Competition

Social Media Giveaway – you could win a R1,000.00voucher

COMPETITION RULES
Social Media Giveaway – you could win a R1,000.00 voucher

Read these terms and conditions carefully. These competition rules (“rules”)explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition details

This Competition is sponsored and promoted by Ozow Proprietary Limited (reg. no. 2013/214663/07) (“Ozow”).

Reference to Ozow includes any person which, directly or indirectly is Controlled by Ozow, or Controls Ozow and any directors, officers, employees, agents and representatives of Ozow. “Control”, as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition Period

Daily competition from 12 June 2023  until midnight on 16 June 2023.

Ozow  shall at its discretion choose the start and end times on each relevant day.

Prize

A voucher from a selected merchant to the value of R1,000.00.

The  Prize may not be deferred, changed or exchanged for any other item or for  cash and is subject to any terms, conditions and/or limitations contained in  such voucher. Takealot  T&Cs attached to the voucher can be viewed here: https://www.takealot.com/help/promotional-codes-tcs

Superbalist  T&Cs attached to the voucher can be viewed here: https://superbalist.com/terms_and_conditions OneDayOnly T&Cs attached to  the voucher can be viewed here: https://help.onedayonly.co.za/hc/en-us/articles/8681666625300 Mr Price T&Cs attached to  the voucher can be viewed here: https://www.mrp.com/en_za/customer-service/ecommerce-terms-and-conditions/ Mr Delivery T&Cs attached to  the voucher can be viewed here: https://www.mrdfood.com/terms

Who can enter and how?

Any natural person who is a resident of  South Africa may enter this Competition.

To enter, Entrants will need to:

1.      Enter  in your name, email and phone number (optional) or any other details on the  competition landing page

2.     Follow  @Ozowpay on social media (either on Twitter,  Instagram  or Facebook)

3.     Re-share  the post on Entrants social media (either on Twitter,  Instagram  or Facebook)

It is  the responsibility of all Entrants to ensure that their entry is received by  Ozow prior to the end of the Competition Period.

Any  entries that are not received during the Competition Period will not be  eligible to participate, regardless of the reason. Ozow will not be  responsible for any entries which are not received by Ozow, whether timeously  or at all, regardless of the cause thereof.

How many winners will be chosen?

1 Winner per day for the duration of the  Competition Period (with a limit of 1 Winner in total per day). Each Winner will only be eligible to receive  1 Prize during the Competition Period.

GENERAL

Who cannot enter?

·    People  under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of 18 must  obtain permission from their parents or guardians before entering the  Competition, who must approve of and consent to the Entrant’s participation  in the Competition and the receipt / possession of a Prize if that Entrant  becomes a Winner.

·      Directors,  members, shareholders, agents, consultants or employees of Ozow, or any of  such person’s spouse, life partner, business partner or associate, or the  natural or adopted parent, child, or sibling.

·      The  suppliers of any goods or services in respect of the Competition.  

Entry fees

There are no entry fees to participate in  this Competition.

Additional fees

The data costs, or any other  costs, incurred by an Entrant in the ordinary course of business will apply  during the Competition Period.

Is there a limit on the number entries?

Entrants can only enter once and  there will only be one winner per day during the Competition Period.

Who may not win a prize?

Entrants who are at the time of the draw (defined below), already registered on Ozow’s email database are not eligible to win a Prize.

An Entrant may not win aPrize if it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If  any Entrant fails to comply with any of these rules, then, without prejudice  to any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won a  Prize).

How will winners be chosen and when will they be notified?

  • The  Winners will be determined at random by a computer-generated programme  operated by Ozow in terms of which numerous Entrants will be drawn (“draw”)  for the entire Competition Period. Such draws will take place each day or at  Ozow’s discretion. The first appearing Entrant in the draw shall be the  Winner of the Prize for the relevant day in the Competition Period. Ozow will  further select numerous additional Entrants in order to cater for any  forfeiting of Prizes (“Backup Winners”).
  • The  determination of the draw made by Ozow will be final and no related  correspondence will be entered into.
  • Each  Winner will be contacted by Ozow, shortly after the draw.
  • The  Winner shall be required to agree to the Prize and to allow Ozow to publish  the Winner's name on its website and various social media platforms,  including but not limited to Facebook and Instagram.
  • Ozow  will attempt to contact each Winner at least 2 times. If Ozow is unable to  contact a Winner, or a Winner declines the Prize or to allow their name to be  published by Ozow, such Winner will forfeit his/her/their prize, and Ozow reserves  the right to award such prize to the next Entrant from the Backup Winners.
  • If  such new Winner agrees to accept the Prize and the publishing of their name  subject to these rules, that person will be a Winner of a Prize in the  Competition.
  • Once  a Winner has agreed to the Prize and to the publishing of his/her/their name,  Ozow may announce the name of the Winner on its website and/or various social  media platforms in Ozow’s discretion.
  • The  selection and/or announcement of a Winner (or Winners) by Ozow will be done  after the end of the Competition Period, at Ozow’s discretion.

How will the prize be claimed?

The  logistics involved for the delivery of the Prize to Winners will be made  within one month of the notification of the Winners, by Ozow, or such other  time period that is communicated to the Winners.

Personal information

The terms and conditions applicable to the processing of personal information (“PI”)(as defined in Protection of Personal Information Act 2013 (“POPI"))by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees  that by entering the Competition:

1.      Ozow  may contact you using written, electronic or verbal mediums, as regulated by applicable  law, using any e-mail address or telephone number provided by or made  available by you to Ozow, now or in the future, regarding Ozow or the use of  Ozow’s services. This consent includes, but is not limited to, contact by  manual calling method, pre-recorded or artificial voice messages, text  messages, emails, automatic telephone dialling systems, and/or contract by  way of social media platforms;

2.     you  may receive any form of advertising, including by way direct or indirect  marketing, electronic marketing or tele-marketing in relation to Ozow, or the  use of Ozow’s services; and

3.     Ozow  may process and/or store any of your PI trans-border, specifically in the  Amazon Web cloud hosting Services.

For further information, or should you wish  to opt out of any form of direct or indirect marketing mentioned above,  please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite each Winner to be present when the Winners are announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winners may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary. In the event of such variation, postponement, suspension or cancellation, Ozow agrees to waive any rights, interests and expectations that any Entrants or Winners may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Additional information

Ozow  may require each Winner to provide Ozow with additional information and  documentation in order to process, confirm and facilitate each Winners’  acceptance and delivery of their Prize. If any Winner refuses to provide Ozow  with the requested information or documentation, such Winner will forfeit  their Prize.

Liability

If  any Entrant fails to comply with any of these rules, then, without prejudice  to any other remedy which Ozow may have,

·         such  Entrant will be automatically disqualified, and such Entrant will forfeit  their Prize (in the event that such Entrant has already won a Prize);

·         an  Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly  or indirectly as a result of non-compliance, including all legal costs  (including attorney and own client costs) which Ozow may incur in taking any  steps pursuant to an Entrant and/or Winner’s non-compliance; and

·         such  Entrants and Winners indemnify and hold Ozow, as applicable, harmless against  any claim by any Person, (whether direct, indirect, incidental, punitive or  consequential) of any nature, whether arising from negligence or any other  cause, relating to any death, injury, loss and/or damage which may be  suffered howsoever arising in relation to such Entrants’ or Winners’ failure  to comply herewith.

Ozow’s  decision on any matter concerning the Competition and/or arising out of these  rules is final and binding on all Entrants and Winners.

Ozow will not be responsible, and  disclaims all liability, for any loss, liability, injury, expense or damage  (whether direct, indirect, incidental, punitive or consequential) of any  nature, whether arising from negligence or any other cause, which is suffered  by any Entrant’s participation in the Competition; the acceptance and/or use  by any Winner of any Prize; or by any action taken by Ozow in accordance with  these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on theInternet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

Ozow  is not responsible for any injury or damage suffered by an Entrant’s, or any  other Person’s, computer, mobile telephone or other device used by an Entrant  to enter into, or obtain any materials related to, the Competition.

Ozow  does not make any representations or give any warranties, whether expressly  or implicitly, as to a Prize, and in particular, but without limitation,  makes no representations and gives no warranty that –

·         an  Entrant’s entry or participation in the Competition will necessarily result  in such Entrant winning a Prize; or

·         a  Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an  Entrant’s partner’s, requirements, preferences, standards or expectation.

Indemnification

AllEntrants, and in the event of an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant may suffer, howsoever arising, in relation to such Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

Applicable law

These rules will be construed, interpreted and enforced in accordance with the laws of the Republic of South Africa.  

Consumer Protection Act, 68 of 2008 (“CPA”)

The Competition  is regulated by the CPA  and it is not intended that any provision of these rules contravenes any provision of the CPA. Therefore all provisions of these rules must be treated as being qualified by the CPA, if necessary, to ensure that the provisions of the CPA are complied with.

Dispute

If any dispute arises in relation to the Competition and its rules, the decision of Ozow shall be final and no correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded in printable form below.

Download Rules

Download and Transact with Ozow.ME and you could win R10k daily

COMPETITION RULES
Download and Transact with Ozow.ME and you could win R10k daily

Read these competition rules carefully (“rules”). These rules explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you, and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition details

This Competition is sponsored and promoted by Ozow Proprietary Limited (reg. no. 2013/214663/07) (“Ozow”).

 

Any reference to Ozow includes any person which, directly or indirectly isControlled by Ozow, or Controls Ozow and any directors, officers, employees, agents, and representatives of Ozow. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition Period

13 December 2022 to midnight on 22 December 2022

Who can enter ?

Any natural person who is a resident of  South Africa may enter.

How to enter ?

To enter, Entrants will need to:

1.      Download  the Ozow.ME application (either from the Google Play or Apple App Store);

2.     Register  for the Ozow.ME pocket feature on Ozow.ME (“Pocket”);

3.     Top-Up  Pocket on Ozow.ME; and

4.     Post  a screenshot of the screen on Ozow.ME stating “Great! Your top up has been successful” on social media and tag Ozow using #OzowME.

 

It is the responsibility of all Entrants  to ensure that their entry is received by Ozow prior to the end of the  Competition Period. Any entries that are not received during the Competition  Period will not be eligible to participate, regardless of the reason. Ozow  will not be responsible for any entries which are not received by Ozow,  whether timeously or at all, regardless of the cause thereof.

How many winners will be chosen?

1  Winner per day for the duration of the Competition Period, provided all 4 steps under “how to enter” was followed by Entrants. Each Winner will only be eligible to receive 1 Prize during the Competition Period.

Prizes

R10k cash per day which will be deposited in theWinner’s Pocket. The Prize may not be deferred, changed, or exchanged for any other item or for cash and is subject to any terms, conditions and/or limitations contained in such voucher.

WINNER SELECTION

How will winners be chosen and when will  they be notified?

Each  day over the entire Competition Period, Ozow will select a Winner from the  pool of Entrants who posted a screenshot of their successful Pocket top up  screen using #OzowME at random by a computer-generated programme  operated by Ozow in terms of which a winner will be drawn (“draw/s”).

Such  draws will take place daily or at the end of the Competition period, at  Ozow’s discretion. The  first appearing Entrant in the draw shall, subject to successful verification  by Ozow of the Entrant completing each of the 4 steps under “how to enter"  above, be the Winner of the Prize for the relevant day in the Competition  Period. Ozow  will further select numerous additional Entrants in order to cater for any  forfeiting of Prizes (“Backup Winners”). If any of the steps under “how to enter” above were not followed, the  Winner will forfeit their prize and Ozow will reserve the right to award the  Prize to a Backup Winner (subject to successful verification as stated above).  The  determination of the draw and verification of the steps under “how to  enter” above by Ozow will be final and no related correspondence will be  entered into. Each  Winner will be notified of their winnings by Ozow, shortly after the draw and  successful verification.

The  Winner shall be required to agree to the winnings and to allow Ozow to publish  the Winner's name on their website and various social media platforms,  including but not limited to Facebook, Instagram, YouTube, Twitter and GDN.

Ozow  will attempt to contact each Winner at least 2 times. If Ozow are unable to  contact a Winner, or a Winner declines the Prize or to allow their name to be  published by Ozow, such Winner will forfeit his/her/their prize, and Ozow  reserve the right to award such prize to the next Entrant from the Backup  Winners. If  such new Winner agrees to accept the Prize and the publishing of their name  subject to these rules, they will be a Winner of a Prize in the Competition.

Once a  Winner has agreed to the Prize and to the publishing of his/her/their name,  Ozow may announce the name of the Winner on its website and/or various social  media platforms, at their selection, including but not limited to Facebook,  Instagram, YouTube, Twitter and Google Display Network (“GDN”).

The  announcement of a Winner (or Winners) by Ozow will be done daily or after the  end of the Competition Period, at Ozow’s discretion.

GENERAL

Who cannot enter?

People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of 18 must obtain permission from their parents or guardians before entering theCompetition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt / possession of a Prize if that Entrant becomes a Winner.

Directors, members, shareholders, agents, consultants, or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.

The suppliers of any goods or services in respect of the Competition.

Entry fees

There are no entry fees to participate in this Competition.

Additional fees

The data costs, or any other  costs, incurred by an Entrant in the ordinary course of business will apply  during the Competition Period.

Is there a limit on the number entries?

There is no limit on the number  of entries in this Competition, but each Entrant can only win once over the  Competition Period.

Who may not win a prize?

An Entrant may not win a Prize if it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win  a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of these rules, then, without prejudice to any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won a Prize).

How will the prize be claimed?

The logistics involved for the delivery or payment of the Prize (as the case may be) to Winners will be made within one month of the notification of the Winners, by Ozow, or such other time period that is communicated to the Winners.  

Personal information

The terms and conditions applicable to the processing of personal information (“PI”) (as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have  agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees that by entering theCompetition:

1.      Ozow may contact you using written, electronic, or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you to Ozow, now or in the future, regarding Ozow or the use of Ozow’s services. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;

2.     you may receive any form of advertising, including by way direct or indirect marketing, electronic marketing, or tele-marketing in relation to Ozow, or the use of Ozow’s services; and

3.     Ozow may process and/or store any of your PI trans-border, specifically in theAmazon Web cloud hosting Services.

For further information, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite each Winner to be present when the Winners are announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winners may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary.

In the event of such variation, postponement, suspension, or cancellation, Ozow agrees to waive any rights, interests, and expectations that any Entrants or Winners may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Changes to Competition/rules

Ozow reserves the right to modify the Competition rules at any time at its discretion. The rules posted at any time via the website (www.ozow.com) shall be deemed to be the rules then in effect. We recommend that you check the rules on a regular basis in order to keep abreast of any updates to these rules or the Competition as Ozow does not bear the responsibility of updating you of any amendments or revisions.

Additional information

Ozow may require each Winner to provide Ozow with additional information and  documentation in order to process, confirm and facilitate each Winner’s acceptance and delivery of their Prize. If any Winner refuses to provide Ozow  with the requested information or documentation, such Winner will forfeit  their Prize.

Liability

If  any Entrant fails to comply with any of these rules, then, without prejudice  to any other remedy which Ozow may have,

·         such  Entrant will be automatically disqualified, and such Entrant will forfeit  their Prize (in the event that such Entrant has already won a Prize);

·         an  Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly  or indirectly as a result of non-compliance, including all legal costs  (including attorney and own client costs) which Ozow may incur in taking any  steps pursuant to an Entrant and/or Winner’s non-compliance; and

·         such  Entrants and Winners indemnify and hold Ozow, as applicable, harmless against  any claim by any Person, (whether direct, indirect, incidental, punitive, or  consequential) of any nature, whether arising from negligence or any other  cause, relating to any death, injury, loss and/or damage which may be  suffered howsoever arising in relation to such Entrants’ or Winners’ failure  to comply herewith.

Ozow’s  decision on any matter concerning the Competition and/or arising out of these  rules is final and binding on all Entrants and Winners.

Ozow will not be responsible, and  disclaim all liability, for any loss, liability, injury, expense or damage  (whether direct, indirect, incidental, punitive or consequential) of any  nature, whether arising from negligence or any other cause, which is suffered  by any Entrant’s participation in the Competition; the acceptance and/or use  by any Winner of any Prize; or by any action taken by Ozow in accordance with  these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on theInternet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any otherPerson’s, computer, mobile telephone, or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that – an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or

a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards, or expectation.

Indemnification

All Entrants, and in the event of an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant may suffer, howsoever arising, in relation to such Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

Applicable law

These rules will be construed, interpreted,  and enforced in accordance with the laws of the Republic of South  Africa.  

ConsumerProtection Act, 68 of2008 (“CPA”)

The Competition  is regulated by the CPA,  and it is not intended that any provision of these rules contravenes any  provision of the CPA. Therefore all provisions of these rules must be treated as being qualified by the CPA, if necessary, to ensure that the provisions of  the CPA are complied with.

Dispute

If any dispute arises in relation to the Competition and its rules, the decision of Ozow shall be final and no correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded in printable form from here.

Download Rules

Remittance Ts & Cs

This purchase is enabled by Ozow as part of a Regulatory Sandbox governed by the Intergovernmental Fintech Working Group (IFWG), working with Secure FX (Proprietary) Limited and an Authorised Dealer.

What is different about this payment?

Please note that any purchases made in this process will form part of your annual single discretionary allowance, as governed by the South African Reserve Banks’ exchange control regulations.

What is the process for delivery, refunds and returns?

Any queries relating to this, will be dealt with as per the ordinary the merchants policies and processes available on its website.

Who can I contact for any queries on the payment process?

Please feel free to reach out to support@ozow.com or 011 054 4744.

By proceeding with this payment, you agree to participate in the Regulatory Sandbox.

Social Media Giveaway – you could win a R1,000.00 voucher

COMPETITION RULES
Social Media Giveaway - you could win R1,000.00 voucher

Read these terms and conditions carefully. These competition rules (“rules”)explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition details

This Competition issponsored and promoted by Ozow Proprietary Limited (reg. no. 2013/214663/07) (“Ozow”).

Reference to Ozow includes any person which, directly or indirectly is Controlled by Ozow, or Controls Ozow and any directors, officers, employees, agents and representatives of Ozow. “Control”, as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition Period

Daily competition from 20 June 2023 until midnight on 24 June 2023. Ozow shall at its discretion choose the start and end times on each relevant day.

Prize

A voucher from a selected merchant to the value of R1,000.00.

ThePrize may not be deferred, changed or exchanged for any other item or for cash and is subject to any terms, conditions and/or limitations contained in such voucher. Takealot T&Cs attached to the voucher can be viewed here: https://www.takealot.com/help/promotional-codes-tcs

Superbalist T&Cs attached to the voucher can be viewed here: https://superbalist.com/terms_and_conditions OneDayOnly T&Cs attached to the voucher can be viewed here: https://help.onedayonly.co.za/hc/en-us/articles/8681666625300 Mr Price T&Cs attached to the voucher can be viewed here: https://www.mrp.com/en_za/customer-service/ecommerce-terms-and-conditions/ Mr Delivery T&Cs attached to the voucher can be viewed here: https://www.mrdfood.com/terms

Who can enter and how?

Any natural person who is a resident of South Africa may enter this Competition.

 

To enter, Entrants will need to:

1.      Enterin your name, email and phone number (optional) or any other details on thecompetition landing page

2.     Follow @Ozowpay on social media (either on Twitter, Instagram or Facebook)

3.     Re-share the post on Entrants social media (either on Twitter, Instagram or Facebook)

 

It is the responsibility of all Entrants to ensure that their entry is received by Ozow prior to the end of the Competition Period.

Any entries that are not received during the Competition Period will not be eligible to participate, regardless of the reason. Ozow will not be responsible for any entries which are not received by Ozow, whether timeously or at all, regardless of the cause thereof.

How many winners will be chosen?

1 Winner per day for the duration of the Competition Period (with a limit of 1 Winner in total per day).

Each Winner will only be eligible to receive 1 Prize during the Competition Period.

GENERAL

Who cannot enter?

·     People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of 18 must obtain permission from their parents or guardians before entering theCompetition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt / possession of a Prize if that Entrant becomes a Winner.

·       Directors, members, shareholders, agents, consultants or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.

The suppliers of any goods or services in respect of the Competition.

Entry fees

There are no entry fees to participate in this Competition.

Additional fees

The data costs, or any other costs, incurred by an Entrant in the ordinary course of business will apply during the Competition Period.

Is there a limit on the number entries?

Entrants can only enter once and there will only be one winner per day during the Competition Period.

Who may not win a prize?

Entrants who are at the time of the draw (defined below), already registered on Ozow’s email database are not eligible to win a Prize.

An Entrant may not win aPrize if it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of these rules, then, without prejudice to any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won aPrize).

How will winners be chosen and when will they be notified?

  • The Winners will be determined at random by a computer-generated programme  operated by Ozow in terms of which numerous Entrants will be drawn (“draw”)  for the entire Competition Period. Such draws will take place each day or at  Ozow’s discretion. The first appearing Entrant in the draw shall be the  Winner of the Prize for the relevant day in the Competition Period. Ozow will  further select numerous additional Entrants in order to cater for any  forfeiting of Prizes (“Backup Winners”).
  • The determination of the draw made by Ozow will be final and no related  correspondence will be entered into.
  • Each Winner will be contacted by Ozow, shortly after the draw.
  • The Winner shall be required to agree to the Prize and to allow Ozow to publish  the Winner's name on its website and various social media platforms,  including but not limited to Facebook and Instagram.
  • Ozow will attempt to contact each Winner at least 2 times. If Ozow is unable to  contact a Winner, or a Winner declines the Prize or to allow their name to be  published by Ozow, such Winner will forfeit his/her/their prize, and Ozow reserves  the right to award such prize to the next Entrant from the Backup Winners.
  • If  such new Winner agrees to accept the Prize and the publishing of their name  subject to these rules, that person will be a Winner of a Prize in the Competition.
  • Once a Winner has agreed to the Prize and to the publishing of his/her/their name,  Ozow may announce the name of the Winner on its website and/or various social  media platforms in Ozow’s discretion.
  • The selection and/or announcement of a Winner (or Winners) by Ozow will be done  after the end of the Competition Period, at Ozow’s discretion.

How will the prize be claimed?

The logistics involved for the delivery of the Prize to Winners will be made within one month of the notification of the Winners, by Ozow, or such other time period that is communicated to the Winners.

Personal information

The terms and conditions applicable to the processing of personal information (“PI”) (as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees  that by entering the Competition:

1.      Ozow  may contact you using written, electronic or verbal mediums, as regulated by applicable  law, using any e-mail address or telephone number provided by or made  available by you to Ozow, now or in the future, regarding Ozow or the use of  Ozow’s services. This consent includes, but is not limited to, contact by  manual calling method, pre-recorded or artificial voice messages, text  messages, emails, automatic telephone dialling systems, and/or contract by  way of social media platforms;

2.     you  may receive any form of advertising, including by way direct or indirect  marketing, electronic marketing or tele-marketing in relation to Ozow, or the  use of Ozow’s services; and

3.     Ozow  may process and/or store any of your PI trans-border, specifically in the  Amazon Web cloud hosting Services.

For further information, or should you wish  to opt out of any form of direct or indirect marketing mentioned above,  please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite each Winner to be present when the Winners are announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winners may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary. In the event of such variation, postponement, suspension or cancellation, Ozow agrees to waive any rights, interests and expectations that any Entrants or Winners may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Additional information

Ozow may require each Winner to provide Ozow with additional information and documentation in order to process, confirm and facilitate each Winners’ acceptance and delivery of their Prize. If any Winner refuses to provide Ozow with the requested information or documentation, such Winner will forfeit theirPrize.

Liability

If  any Entrant fails to comply with any of these rules, then, without prejudice  to any other remedy which Ozow may have,

- such  Entrant will be automatically disqualified, and such Entrant will forfeit  their Prize (in the event that such Entrant has already won a Prize);

- an  Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly  or indirectly as a result of non-compliance, including all legal costs  (including attorney and own client costs) which Ozow may incur in taking any  steps pursuant to an Entrant and/or Winner’s non-compliance; and

- such  Entrants and Winners indemnify and hold Ozow, as applicable, harmless against  any claim by any Person, (whether direct, indirect, incidental, punitive or  consequential) of any nature, whether arising from negligence or any other  cause, relating to any death, injury, loss and/or damage which may be  suffered howsoever arising in relation to such Entrants’ or Winners’ failure  to comply herewith.

Ozow’s  decision on any matter concerning the Competition and/or arising out of these  rules is final and binding on all Entrants and Winners.

Ozow will not be responsible, and  disclaims all liability, for any loss, liability, injury, expense or damage  (whether direct, indirect, incidental, punitive or consequential) of any  nature, whether arising from negligence or any other cause, which is suffered  by any Entrant’s participation in the Competition; the acceptance and/or use  by any Winner of any Prize; or by any action taken by Ozow in accordance with  these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on theInternet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any otherPerson’s, computer, mobile telephone or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that

- an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or

- a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards or expectation.

Indemnification

All Entrants, and in the event of  an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any  other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental,  punitive or consequential) of any nature, whether arising from negligence or  any other cause, relating to any injury, loss, liability, expense and/or  damage which an Entrant may suffer, howsoever arising, in relation to such  Entrant’s entry into the Competition and/or acceptance and/or use by  such Entrant of a Prize.

Applicable law

These rules will be construed,  interpreted and enforced in accordance with the laws of the Republic of South  Africa.  

Consumer Protection Act, 68 of 2008 (“CPA”)

The Competition  is regulated by the CPA  and it is not intended that any provision of these rules contravenes any  provision of the CPA. Therefore all provisions of these rules must be treated  as being qualified by the CPA, if necessary, to ensure that the provisions of  the CPA are complied with.

Dispute

If any dispute arises in relation  to the Competition and its rules, the decision of Ozow shall be final and no  correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded in printable form below.

Download Rules

Download and Transact with Ozow.ME and you could win R10k daily

COMPETITION RULES
Download and Transact with Ozow.ME and you could win R10k daily

Read these competition rules carefully (“rules”). These rules explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you, and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition details

This Competition is sponsored and promoted by Ozow Proprietary Limited (reg. no. 2013/214663/07) (“Ozow”).

 

Any reference to Ozow includes any person which, directly or indirectly isControlled by Ozow, or Controls Ozow and any directors, officers, employees, agents, and representatives of Ozow. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition Period

13 December 2022 to midnight on 22 December 2022

Who can enter ?

Any natural person who is a resident of  South Africa may enter.

How to enter ?

To enter, Entrants will need to:

1.      Download  the Ozow.ME application (either from the Google Play or Apple App Store);

2.     Register  for the Ozow.ME pocket feature on Ozow.ME (“Pocket”);

3.     Top-Up  Pocket on Ozow.ME; and

4.     Post  a screenshot of the screen on Ozow.ME stating “Great! Your top up has been successful” on Facebook, Twitter or Instagram and tag Ozow using #PaymentsForEveryone

 

It is the responsibility of all Entrants  to ensure that their entry is received by Ozow prior to the end of the  Competition Period. Any entries that are not received during the Competition  Period will not be eligible to participate, regardless of the reason. Ozow  will not be responsible for any entries which are not received by Ozow,  whether timeously or at all, regardless of the cause thereof.

How many winners will be chosen?

1  Winner per day for the duration of the Competition Period, provided all 4 steps under “how to enter” was followed by Entrants. Each Winner will only be eligible to receive 1 Prize during the Competition Period.

Prizes

R10k cash per day which will be deposited in theWinner’s Pocket. The Prize may not be deferred, changed, or exchanged for any other item or for cash and is subject to any terms, conditions and/or limitations contained in such voucher.

WINNER SELECTION

How will winners be chosen and when will  they be notified?

Each  day over the entire Competition Period, Ozow will select a Winner from the  pool of Entrants who posted a screenshot of their successful Pocket top up  screen using #OzowME at random by a computer-generated programme  operated by Ozow in terms of which a winner will be drawn (“draw/s”).

Such  draws will take place daily or at the end of the Competition period, at  Ozow’s discretion. The  first appearing Entrant in the draw shall, subject to successful verification  by Ozow of the Entrant completing each of the 4 steps under “how to enter"  above, be the Winner of the Prize for the relevant day in the Competition  Period. Ozow  will further select numerous additional Entrants in order to cater for any  forfeiting of Prizes (“Backup Winners”). If any of the steps under “how to enter” above were not followed, the  Winner will forfeit their prize and Ozow will reserve the right to award the  Prize to a Backup Winner (subject to successful verification as stated above).  The  determination of the draw and verification of the steps under “how to  enter” above by Ozow will be final and no related correspondence will be  entered into. Each  Winner will be notified of their winnings by Ozow, shortly after the draw and  successful verification.

The  Winner shall be required to agree to the winnings and to allow Ozow to publish  the Winner's name on their website and various social media platforms,  including but not limited to Facebook, Instagram, YouTube, Twitter and GDN.

Ozow  will attempt to contact each Winner at least 2 times. If Ozow are unable to  contact a Winner, or a Winner declines the Prize or to allow their name to be  published by Ozow, such Winner will forfeit his/her/their prize, and Ozow  reserve the right to award such prize to the next Entrant from the Backup  Winners. If  such new Winner agrees to accept the Prize and the publishing of their name  subject to these rules, they will be a Winner of a Prize in the Competition.

Once a  Winner has agreed to the Prize and to the publishing of his/her/their name,  Ozow may announce the name of the Winner on its website and/or various social  media platforms, at their selection, including but not limited to Facebook,  Instagram, YouTube, Twitter and Google Display Network (“GDN”).

The  announcement of a Winner (or Winners) by Ozow will be done daily or after the  end of the Competition Period, at Ozow’s discretion.

GENERAL

Who cannot enter?

People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of 18 must obtain permission from their parents or guardians before entering theCompetition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt / possession of a Prize if that Entrant becomes a Winner.

Directors, members, shareholders, agents, consultants, or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.

The suppliers of any goodsor services in respect of the Competition.

Entry fees

There are no entry fees to participate in  this Competition.

Additional fees

The data costs, or any other  costs, incurred by an Entrant in the ordinary course of business will apply  during the Competition Period.

Is there a limit on the number entries?

There is no limit on the number  of entries in this Competition, but each Entrant can only win once over the  Competition Period.

Who may not win a prize?

An Entrant may not win a Prize if it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win  a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of these rules, then, without prejudice to any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won a Prize).

How will the prize be claimed?

The logistics involved for the delivery or payment of the Prize (as the case may  be) to Winners will be made within one month of the notification of the Winners, by Ozow, or such other time period that is communicated to the Winners.  

Personal information

The terms and conditions applicable to the processing of personal information (“PI”) (as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have  agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees that by entering the Competition:

1.      Ozow may contact you using written, electronic, or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you to Ozow, now or in the future, regarding Ozow or the use of Ozow’s services. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;

2.     you may receive any form of advertising, including by way direct or indirect marketing, electronic marketing, or tele-marketing in relation to Ozow, or the use of Ozow’s services; and

3.     Ozow may process and/or store any of your PI trans-border, specifically in theAmazon Web cloud hosting Services.

For further information, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite each Winner to be present when the Winners are announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winners may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary.

In the event of such variation, postponement, suspension, or cancellation, Ozow agrees to waive any rights, interests, and expectations that any Entrants or Winners may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Changes to Competition/rules

Ozow reserves the right to modify the Competition rules at any time at its discretion. The rules posted at any time via the website (www.ozow.com) shall be deemed to be the rules then in effect. We recommend that you check the rules on a regular basis in order to keep abreast of any updates to these rules or the Competition as Ozow does not bear the responsibility of updating you of any amendments or revisions.

Additional information

Ozow may require each Winner to provide Ozow with additional information and  documentation in order to process, confirm and facilitate each Winner’s acceptance and delivery of their Prize. If any Winner refuses to provide Ozow  with the requested information or documentation, such Winner will forfeit  their Prize.

Liability

If  any Entrant fails to comply with any of these rules, then, without prejudice  to any other remedy which Ozow may have,

·         such  Entrant will be automatically disqualified, and such Entrant will forfeit  their Prize (in the event that such Entrant has already won a Prize);

·         an  Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly  or indirectly as a result of non-compliance, including all legal costs  (including attorney and own client costs) which Ozow may incur in taking any  steps pursuant to an Entrant and/or Winner’s non-compliance; and

·         such  Entrants and Winners indemnify and hold Ozow, as applicable, harmless against  any claim by any Person, (whether direct, indirect, incidental, punitive, or  consequential) of any nature, whether arising from negligence or any other  cause, relating to any death, injury, loss and/or damage which may be  suffered howsoever arising in relation to such Entrants’ or Winners’ failure  to comply herewith.

Ozow’s  decision on any matter concerning the Competition and/or arising out of these  rules is final and binding on all Entrants and Winners.

Ozow will not be responsible, and  disclaim all liability, for any loss, liability, injury, expense or damage  (whether direct, indirect, incidental, punitive or consequential) of any  nature, whether arising from negligence or any other cause, which is suffered  by any Entrant’s participation in the Competition; the acceptance and/or use  by any Winner of any Prize; or by any action taken by Ozow in accordance with  these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on theInternet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any otherPerson’s, computer, mobile telephone, or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that – an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or

a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards, or expectation.

Indemnification

All Entrants, and in the event of an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant may suffer, howsoever arising, in relation to such Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

Applicable law

These rules will be construed, interpreted,  and enforced in accordance with the laws of the Republic of South  Africa.  

ConsumerProtection Act, 68 of2008 (“CPA”)

The Competition  is regulated by the CPA,  and it is not intended that any provision of these rules contravenes any  provision of the CPA. Therefore all provisions of these rules must be treated as being qualified by the CPA, if necessary, to ensure that the provisions of  the CPA are complied with.

Dispute

If any dispute arises in relation to the Competition and its rules, the decision of Ozow shall be final and no correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded in printable form from here.

Download Rules
Zero rated

Zero Rated: Ts & Cs

1. Introduction

1.1. Ozow Proprietary Limited (“Ozow”) offers zero-rated billing (“ZR Billing”) on Ozow.ME, payment requests (sent by Ozow through SMS), QR channels and other services determined from time to time service (e.g. the payment flow on pay.ozow.io and PWA) (“Ozow Services”). The use of ZR Billing essentially means that Ozow will carry certain data consumption charged to you for your use of the Ozow Services: you can therefore access Ozow services free of charge, up to a certain capped amount.

1.2. Ozow provides ZR Billing to customers of the following service providers:

1.2.1. MTN;

1.2.2. Vodacom;

1.2.3. Cell C; and

1.2.4. Telkom.

1.3. In addition to the consent and general terms and conditions set out below, depending on what service provider you use, there might be additional terms and conditions applicable to you for the use of ZR Billing. Please ensure that you have familiarized yourself with the terms and conditions applicable to your service provider.

2. Consent

2.1. We care about your privacy. As a responsible payment solutions service, secure processing of your personally identifiable information (“Personal Information”) is of utmost importance to us. As such, we ensure that we collect, use, store and transfer (“process”), and as defined in the Protection of Personal Information Act 2013 (“POPI")) your Personal Information in keeping with laws and regulations that are aimed at protecting the integrity of your Personal Information.

2.2. By continuing use of the Ozow Services, you explicitly confirm that:

2.2.1. you agree with the terms of these Terms and Condition, Ozow’s Privacy Policy (“Privacy Policy”) and Promotion of Access to Information Act No. 2 of 2000 manual (“PAIA Manual”). It is important that you read these Terms and Conditions together the Privacy Policy and PAIA Manual so that you are fully aware of how and why we are using your Personal Information. These are available on www.ozow.com;

2.2.2. you are older than 18 years old and have legal capacity to conclude legally binding contracts. We do not have any intention of collecting or processing Personal Information for individuals that do not have the legal capacity to conclude legally binding contracts;

2.2.3. you consent to the processing (as defined in POPI), sharing or transferring of your Personal Information by Ozow, on Ozow corporate systems, to other entities, agents, Ozow affiliates, subcontractors, or to other relevant business partners (including any of the service providers), and that Ozow may store your Personal Information on a “cloud-based” Amazon web platform in South Africa and the European Union. In doing so you acknowledge that you understand and accept the purposes for which your Personal Information is required and for which it will be used. When making such transfers, Ozow will ensure that the necessary protections are in place to safeguard your Personal Information transferred in accordance with applicable laws;

2.2.4. you consent to Ozow, any of its affiliates and service providers making contact with you using written, electronic or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you to Ozow, now or in the future. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;

2.2.5. you consent to receiving any form of advertising, including by way direct or indirect marketing, electronic marketing or tele-marketing in relation to Ozow’s services, products and otherwise; and

2.2.6. you undertake to provide Ozow with accurate and up to date information, including Personal Information, and will update same if these become outdated or incorrect.

2.3. By communicating electronically with us through the use of the Ozow Services and proceeding with your payment, you confirm that you have read and consent to these Terms and Conditions, the Privacy Policy and the PAIA Manual.

2.4. For further information in relation to the above, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at legal@ozow.com.

2.5. Ozow hereby notifies you that each/any service provider might use and/or process your Personal Information in the following ways:

2.5.1. Processing Personal Information for maintaining the security, integrity and quality of the telecommunications network and related services, which may include interception, monitoring or recording of communications in accordance with applicable law;

2.5.2. Processing for the service provider’s own market research and analysis in order to develop and improve its products, services and commercial propositions. Such Processing may include providing your Personal Information to third parties; and

2.5.3. Disclosing of your Personal Information by the service provider to third parties:

2.5.3.1. if required by applicable law, court order or Privacy Authority; or

2.5.3.2. where such third parties are sub-contracted processors of the service provider and they provide the service provider with confidentiality undertaking.

2.6. Objections to transfer of Personal Information:

2.6.1. If at any time you object to the transfer of your Personal Information, the transfer of the Personal Information shall as soon as reasonably practicable be suspended until the dispute is resolved.

2.6.2. If at any time a service provider receives notice of an objection from a Privacy Authority to the transfer or collection, processing and use of the Personal Information, the service provider shall, as soon as reasonably practicable suspend or cease the transfer or collection, and take such other steps as the Privacy Authority may direct.

3. The following terms and conditions apply to consumers across all service providers

3.1. ZR Billing are only applicable for use within the South African borders, and if used through one of the service providers listed above.

3.2. ZR Billing will be capped at a certain amount. This means that there will be a monthly limit on the amount of free use of the Ozow Services that will be available to all customers (including you) per month. This could mean that, due the limit being reached in a particular month, you might not benefit from the free use of the Ozow Services, and as such will be liable for any costs related to the accessing or use of the Ozow Services. By continuing use of the Ozow Services, you confirm that you are informed of this limit applied to ZR Billing.

3.3. ZR Billing shall not be available to you whilst roaming internationally. Standard data roaming rates will apply and will be charged as out of bundle usage to you, at the rates communicated by your specific service provider, and not Ozow.

3.4. If you explore the internet in a random and unplanned way that results in you no longer browsing the predefined IP address, Port and URL access URLs, IP addresses and or Ports that are not within provided for the Ozow Services, you will incur the costs thereof.

3.5. Where Ozow provides IPs, URLs and Port information but you have a proxy configured, ZR Billing will not work and thus you will not be able to access the Ozow Services free of charge. To avoid this, please remove any existing proxy settings to make use of ZR Billing. Browsers that utilize encryption and proxy technologies that result in the URLs or IPs of websites being blocked in any manner will not qualify for ZR Billing. Such connections will be subject to standard data costs payable by you.

3.6. Ozow reserves the right to suspend and/or terminate any part of ZR Billing in relation to any/all Ozow Services on any of the service providers at its sole discretion, at any time, and due to any reason. If such occurs, you accept that you will then be liable for all costs associated with using any of the Ozow Services.

4. MTN terms and conditions

4.1. ZR Billing is only:

4.1.1. applicable to MTN subscribers within the South African borders who have MTN mobile data network connectivity; and

4.1.2. available on MTN’s public APN service and is not supported on MTN Private APNs.

4.2. SIM cards in mobile dongles or modems may not be able to receive daily usage notifications.

4.3. Each customer will have 500MB daily limit which is applied across all MTN ZR Billing subscribers (“MTN subscribers”) on a first come first serve basis. This 500MB daily limit does not only apply to ZR Billing, but to all MTN subscribers’ who use other reversed bill URL’s as well, hence the daily limit of an MTN customer could be used up to access other MTN subscribers’ URL services, resulting in the customer being unable to connect free of charge to Ozow’s Services for that particular day. Once the daily limits for the website URL’s and mobile applications are depleted, standard MTN rates will be charged to customers for continued use of the Ozow Services.

4.4. Accessing ZR Billing and Ozow Services will be at your own risk and MTN will not be held liable for any loss or damage suffered in respect to this. This includes you being redirected to a phishing website, and ‘taking the bait’.

5. Vodacom terms and conditions

5.1. The usage and procurement of SIMs for the ZR Billing is governed by the relevant individual airtime contracts for the SIMs.

5.2. The efficient functioning of ZR Billing is dependent upon the GSM Network availability. The GSM Network may temporarily fail, malfunction, provide limited or no coverage, or there may be reception or other transmission malfunctions, failures or errors of whatsoever nature.

5.3. Whilst Vodacom will use its best efforts to secure the uninterrupted supply of ZR Billing and will use reasonable endeavours to make ZR Billing available at all times, Vodacom does not guarantee that there will be no interruptions or periods of unavailability, nor is any level of availability warranted.

6. Telkom terms and conditions

ZR Billing will only be applicable to traffic generated from Telkom mobile subscribers i.e. Telkom SIM cards. Traffic generated from any other operator or medium will not be reverse billed.

7. Cell C terms and conditions

7.1. Any Cell C SIM card will be able to access the specified Ozow Services.

7.2. Standard RICA rules and processes apply when any SIM card that may make use of the Ozow Service is activated.

7.3. All authorised Cell C SIM cards will be able to access the Ozow Services. Cell C cannot set individual usage limits per MSISDN.

7.4. No usage limits will be enforced on any SIM card that you utilise when accessing the specified IP Range.

7.5. All Cell C SIM card holders will be able to access the IP Range if the IP Range is known or disclosed to other Cell C SIM card users. Cell C will not be liable for any direct or indirect loss or damage due to any unauthorised access of the IP Range by a third party

Merchant

Ozow.ME: Merchant Ts & Cs

1. Introduction

These Ts and Cs cover your use, as a merchant, of Ozow.ME (or any derivative of the name by Ozow).

Ozow reserves the right to update these terms and conditions without prior notice, and such updates may occur from time to time. It is your responsibility to check these Terms and Conditions on a regular basis in order to keep abreast of any updates.

Ozow has the right to terminate your use of Ozow.ME at any time, at its sole discretion.

You agree to comply with these terms in addition to your separate agreement with Ozow which, amongst other things, governs your use of the Ozow service (the “Underlying Agreement”). In the event of a conflict between these Ts and Cs and the Underlying Agreement, Ozow has the sole right of election of the preferred and relevant clause.

2.  Warranties

As a user of Ozow.ME, you warrant that:

Only employees with adequate internal authorization will have access to utilize Ozow.ME, agree to these Ts and Cs and process and request transactions;

all information provided by you to Ozow in connection with your use of Ozow.ME, including but not limited to any transaction requested through Ozow.ME, and the performance of your obligations hereunder is and shall remain true and correct in all respects;

any transaction amount has been verified by you based on supporting documentation;

you have and will retain for a period of 5 years, or other longer period imposed by any applicable law, adequate documentation to prove that the transaction was justified in the circumstances;

you will not engage in any conduct that brings or is likely to bring the reputation of Ozow into disrepute; all aspects of any transactions requested and/or processed using Ozow.ME comply with applicable law;

you will, for purposes of receiving funds using Ozow.ME, and the Ozow service in general, only receive funds in your South African resident bank account and that you do not utilise any non-resident bank account for purposes of Ozow.ME or the Ozow Service;

you will, as soon as reasonably practicable and at no cost to Ozow give to Ozow (in writing if so requested), all such information and reports as Ozow may reasonably require in connection with your use of Ozow.ME; and

you will not take any action (or, as the case may be, omit to take any action) which may directly or indirectly cause Ozow to infringe or misappropriate the intellectual property of any third party.

3. Liability

You acknowledge that Ozow shall not be responsible for instances that are outside of its control, which include:

Any actions or inactions by you that result in a loss of service; any inaccuracies in amounts paid as a result of the information provided by you;

any events or outages affecting the Ozow system and Ozow service that are outside of the authority, control and / or responsibility of Ozow; any delays in the settlement of transaction funds; and/or

non-settlement of transaction funds.You agree that Ozow’s liability towards you is limited to direct damages that arise as a result of the negligence or acts or omissions of its employees, agents or representatives in the performance of their duties. Ozow shall not be liable for any loss of profit or revenue, indirect, special, or consequential loss or damages of whatever kind, whether arising in contract, delict or otherwise, suffered by you. In no event will Ozow’s aggregate liability in respect of any claims relating to these Ts and Cs or your use of Ozow.ME, exceed the transaction fees paid or would have been payable by you to Ozow (in terms of the Underlying Agreement) for the 12 (twelve) month period immediately preceding the date on which the claim arose. Ozow does not exclude or limit its liability for any damages arising from its wilful or fraudulent conduct, or for any matter for which it would be illegal for to do so.

4. Indemnity

You agree to indemnify Ozow, its directors, officers, employees and agents against all losses which may directly or indirectly arise out of or in connection with:

A breach by the you of any of your obligations under these Terms and Conditions;

the negligent, wilful or fraudulent act or omission by you in carrying out or failing to carry out your obligations under these Ozow.ME Ts and Cs;

for any claims arising against Ozow from a customer or any third party in relation to your use of Ozow.ME; and/or inaccurate information provided by you or your customer.

5. The Protection of Personal Information Act (“POPIA”)

Ozow processes personal information (“PI”) in terms of its privacy policy available at https://ozow.com/privacy-policy/.You agree to comply with POPIA in the event that you are a responsible party as defined therein. In your use of Ozow.ME and the Ozow service in general, in the event that you are an operator in terms of POPIA, you agree to:

Process PI in such a manner that is reasonable, adequate, relevant, non-excessive, purpose-specific and non-infringing of the relevant individual’s privacy;

secure the integrity and confidentiality of PI in your possession or under your control by taking appropriate, reasonable technical and organisational measures to prevent (a) loss of, damage to or unauthorised destruction of PI and (b) unlawful access to or processing of PI;

take reasonable measures to (a) identify all reasonably foreseeable internal and external risks to such PI; (b) establish and maintain appropriate safeguards against such risks; (c) regularly verify that the safeguards are effectively implemented, and (d) ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards;

have due regard to generally accepted information security practices and procedures which may apply to you generally or be required in terms of the specific industry or professional rules and regulations;

immediately notify Ozow if there are reasonable grounds to believe that any PI has been accessed or acquired by an unauthorised person; and

take appropriate security safeguards against the unauthorised or unlawful processing of PI obtained from the other party and against the accidental loss or destruction of, or damage to, such PI to ensure a level of security appropriate to the harm that might result therefrom.

6. Dispute Resolution

You agree that any dispute arising from these Ts and Cs shall be submitted to mediation, failing which, the dispute shall be submitted to binding arbitration governed by the Arbitration Act, 1965, or any replacement Act and shall take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa (“AFSA”). The arbitration proceeding shall be conducted by a mutually agreed upon arbitrator of AFSA and shall be held in Johannesburg, South Africa and the judgment upon the award rendered may be entered and enforced in any court of competent jurisdiction. Nothing contained in this paragraph 6 shall prohibit a party from approaching any court of competent jurisdiction for urgent interim relief pending determination of the dispute by arbitration, and for this purpose the parties consent to the non-exclusive jurisdiction of the Gauteng Local Division of the High Court of South Africa, Johannesburg.

7. Consumer Use

Consumer use of OZOW ME is subject to the Privacy Policy, Zero-Rated T’s and C’s and OZOW ME: Consumer T’s and C’s (which can be accessed at https:/ /ozow.com/privacy-policy/).

Consumer

Ozow.ME: Consumer Ts & Cs

1.     Introduction

 

1.1.   These terms and conditions are between you and Ozow (Pty) Ltd (“Ozow”,“us”, or “we”). You agree to these terms by using Ozow.ME.

1.2.  These terms form an agreement between us, so please make sure that you understand all of them. Certain of our terms may limit our responsibility or involve some risk for you.

1.3.  We may terminate, close, or suspend your use of Ozow.ME and its features at any time in our discretion, in particular if we are unable to verify your identity, cannot comply with anti-money laundering or Know-Your-Customer requirements, do not receive requested information from you, or suspect any illegal or prohibited conduct of your Ozow.ME account.

 

2.    Age Restriction

 

2.1.  Only persons 18 years and older are allowed to use Ozow.ME.

2.2.  By using Ozow.ME you represent and warrant that:

2.2.1.    you are 18 years or older, emancipated, or your guardian or parent consented to you using Ozow.ME and entering into this agreement; and

2.2.2.   you are a lawful resident of South Africa.

 

3.    Updates  

 

3.1.  Ozow reserves the right to update these terms from time to time without notice to you.

3.2.  It is important to regularly check these terms for updates to ensure that you are aware of any changes that may affect your use of Ozow.ME and its features. This can help you to avoid any potential issues that may arise as a result of not being informed of changes.

 

4.    Service Overview

 

4.1.  Ozow.ME is a progressive web application allowing you to, amongst other things, receive and make payments with your smart device, create your own payment QR code or send an SMS payment link from one person to another.

4.2. Ozow.ME features a digital wallet known as “Pocket”,allowing you to top up, send, pay from, and withdraw money in one place.

4.3.  Pocket is made available to you in conjunction with Ukheshe Payment Solutions (Pty) Ltd (“UPS”)and Ukheshe Technologies (Pty) Ltd (“UT”) (collectively referred to as “Ukheshe”).UPS is a registered Financial Services Provider (FSP No. 45133), Third Party Payments Processor registered with the Payments Association of South Africa, and a Merchant Aggregator registered with MasterCard and Nedbank (TPPP). UT is a System Operator, and Ozow is Ukheshe’s marketing agent. While Ozow is not an accountable institution or a bank, outside of the Services provided by Ukheshe, Ozow provides automated electronic fund transfer services as a System Operator registered with PASA in relation to certain ancillary aspects related to the Services (e.g., topping up a wallet).

4.4.  These terms apply together with the Pocket Terms and Conditions, which will apply to you when you sign-up for and register your Pocket. It is important that you read these additional terms carefully and ensure that you understand and comply with them, as they will govern your use of Pocket. Failure to comply with these terms may result in consequences such as account suspension or termination, so it is important to take them seriously.

 

5.    Value Added Services

 

5.1.  Ozow.ME enables you to purchase of certain value added services, such as electricity, airtime, and data (“VAS Products”)from selected third party providers and merchants (“Provider/s”).  

5.2. An updated list of VAS Products will always appear in Ozow.ME. We may from time to time and without prior notice to you add or remove one or more VAS Products from Ozow.ME.  

5.3. The VAS Products that you purchase or utilise is made available to you by the applicable Provider and not by us.

5.4. We will not be liable for any complaint, claim, or dispute that you may have in relation to the VAS Products. Ozow will assist as far as possible with the resolution of any queries that you may have, but you contract directly with the Provider of VAS Products.

5.5. You will receive an electronic confirmation which will be made available to you within Ozow.ME when you purchased VAS Products (for example, you will receive a digital voucher or pin to unlock the value of the electricity, data, or airtime purchased).

5.6. You can view all your VAS Product transactions within Ozow.ME.

5.7. Please take special note of the terms below as it relates to electricity, airtime, and data purchases:

 

5.7.1.    Electricity

5.7.1.1.Purchases cannot be reversed, and no refunds will be made for electricity purchased for the incorrect meter number. It is important to ensure that the meter number and amount is correct when purchasing electricity.

5.7.1.2.         While Ozow provides the mechanism within which you can purchase VAS Products, Ozow is not a party to any agreement in terms of which VAS Products are obtained by you. The purchase of VAS Products is subject to the Providers terms and conditions which you can access on their respective websites.  

5.7.1.3.         Note that certain VAS Products are subject to expiry dates determined by the relevant Provider.

5.7.1.4.         Outstanding fees or arrears on your municipal account might be deducted by the relevant municipality or Eskom SOC Limited from the recharge amount purchased.

5.7.1.5.         Ensure that any voucher or key tokens are correctly entered into your meter in the order indicated.

 

5.7.2.    Airtime and Data

5.7.2.1.         Purchases cannot be reversed, and no refunds will be made for airtime or data purchased.It is important to ensure that you select the correct service provider, bundle type, mobile number and the accuracy of the information provided

5.7.2.2.        No exchanges or refunds are made for airtime or data packages purchased for the incorrect amount or the incorrect number.

5.7.2.3.        While Ozow provides the mechanism within which you can purchase VAS Products, Ozow is not a party to any agreement in terms of which VAS Products are obtained by you. The purchase of VAS Products is subject to the Provider terms and conditions which you can access on their respective websites.  

5.7.2.4.        Note that certain VAS Products are subject to expiry dates determined by the relevant Provider.

5.7.3   Lotto

Lotto purchases are subject to our LottoT&Cs.

 

6.    Loyalty Wallet

6.1.   You can conveniently organise and store all your favourite loyalty cards including retail store loyalty cards, gym memberships, medical aid cards, and more in your “Loyalty Wallet” on Ozow.ME, and access these effortlessly at stores when necessary.

6.2.  To use the Loyalty Wallet you'll need to provide us with your loyalty card details in the manner requested on Ozow.ME.

  1. 2.3.  By using this feature on Ozow.ME, you explicitly acknowledge and consent to providing us with your loyalty card and customer details from the respective loyalty card provider.

6. 2.4.  You may never use another person’s loyalty card without their explicit consent.

  1. 2.5.  We will use our reasonable efforts to ensure the availability of Ozow.ME so you can access your Loyalty Wallet and utilise it at retailers. However, we cannot guarantee an uninterrupted or fault-free service.

6. 2.6.  Some loyalty cards carry monetary value, offering discount vouchers or money-value vouchers redeemable at retailers. If you choose to take screenshots, it's imperative to securely store them and refrain from sharing them with anyone to prevent them from falling into the wrong hands.

  1. 1.7.  We grant you access to Ozow.ME, and to the fullest extent permitted by law, we shall not be held liable for any loss, injury, or damage arising from your use of the Loyalty Wallet, or from any failure, delay, interruption, or other issues with the provision of Ozow.ME. We do not guarantee the accuracy or validity of loyalty card numbers, promotions, vouchers, discounts, or associated information. It is your responsibility to verify the application of any discounts or promotions with relevant retailers and their validity before making any purchase using your applicable loyalty card.

6. 1.8.  We will always process your personal information inline with applicable laws, including the Protection of Personal Information Act(“POPIA”), and our Privacy Policy 

 

7.    Transactions

 

7.1.  We will act on instructions that appear to have been sent by you. As soon as you submit a payment instruction and comply with the required verification steps, Ozow will be entitled to carry out the instruction. Once the instruction has been carried out by Ozow, it may not be possible to reverse any transaction.

7.2. You need to check that your transaction information, including details of the merchant or Provider, is correct.

7.3. Where you have provided us with instructions, you hereby authorise us to deduct from your Pocket or bank account (if applicable), the value of:

 

7.3.1.    all payments to merchants for purchases made by you using Ozow.ME or Pocket;

7.3.2.   all payments made by you to other Ozow.ME users;

7.3.3.   any payment instruction made by you; and

7.3.4.   any applicable withdrawal or service fees to top up your Pocket or for VAS Product payments.

 

7.4. Ozow is not responsible for loss or damage you may suffer if you accidentally repeat a transaction or provide the incorrect details (for example if you provided us with the incorrect mobile number to top up data or the incorrect meter number for electricity).

7.5. We process your payment instructions in real time. Once you submit a transaction it cannot be reversed. All payments are final and irreversible.

 

8.     Top up Pocket

 

8.1.  You can top up your Pocket by transferring money from any card linked, specific ATMs, and participating retailers; or credit received from a fellow Ozow.ME user

8.2. Money deposited to your Pocket is final and cannot be reversed to the card used or refunded by a participating retailer or a fellow Ozow.ME pocket from which it was paid to your Pocket.

8.3. Deposits to and withdrawal of money from your Pocket will be subject to the Pocket Terms and Conditions.

8.4. You will not earn interest on the money you have in your Pocket.

8.5. Daily and monthly limits apply to deposits to and withdrawals from your Pocket.

8.6.   Money deposited may take up to 2 days to reflect in your Pocket.

9.     Limits on Transactions and Fees

 

9.1.   We do not charge monthly fees for you to use Ozow.ME, but we may charge a fee for certain transactions. We may change this in our discretion.  Please refer to “Withdraw or Service Fees” and “Zero Rated Billing” below.  

9.2.  You will be responsible for all standard data costs associated with the download and use of Ozow.ME and Pocket. These costs are charged by your mobile network operator.

9.3.  Amounts displayed on Ozow.ME are the price that you must pay for your purchase.

9.4.  All prices will include Value Added Tax.

 

9.5.  Limits

9.5.1. You can receive payments using Ozow.ME up to the limits below. These limits may be changed in our discretion from time to time without notice to you:

Per Day  

R10,000.

Per Month

R30,000  

9.5.2.     1.1.1. You must apply with Ozow to register as a merchant to transact over the above limits. To transact over the stated limits you can commence the merchant registration process on Ozow.ME, on Ozow’s website, or contact support@ozow.com for further details.

9.6.    Zero Rated Billing

 

9.6.1. We offer zero-rated billing on Ozow.ME payment requests sent by Ozow through SMS, QR channels and other services we may determine from time to time.

9.6.2.  Zero-rated billing essentially means that we will carry certain data consumption charged to you for your use of the Ozow.Me service up to a certain capped amount. Please refer to “Withdraw or Service Fees” below and our Zero-Rated Terms and Conditions

 

9.7.   Withdraw or Service Fees

 

9.7.1. When withdrawing from Pocket, you will be charged a fee. The fee covers the cost of the transaction and will change based on the way you select to withdraw.

9.7.2.Fees to withdraw are contained in the ‘withdraw fees’ section of Ozow.me.

9.7.3.Note that we may charge a fee for certainVAS Product purchases. The ‘service fees’ that we may charge for VAS Products from time to time are in the service fee section of Ozow.me.

9.7.4. We may change the withdraw and service fees from time to time without notice to you

 

10.     Your Use of Ozow. ME and Warranties

 

10.1.   Your use Ozow.Me and Pocket is at your own risk. We will not be responsible for any loss, theft, or fraud that you may suffer due to your use of Ozow.me or Pocket for any reason.

10.2.  You may not use Ozow.Me or Pocket for transactions that will exceed the total value of the funds held in your Pocket.

10.3.  You can close your Ozow.Me account at any time by contacting us.

10.4.  When you use Ozow.ME, you undertake and warrant that:

10.4.1. you will comply with all relevant legislation, including laws relating to anti-money laundering and counter financing of terrorism;

10.4.2.          you may not use Ozow.Me for unlawful purposes;

10.4.3.          you will be solely responsible for making your own independent appraisal and investigation into the risks of any transaction, including when sending or receiving money;

10.4.4.          you will not engage in any conduct that brings or is likely to bring the reputation of Ozow into disrepute;

10.4.5.          all information to be provided by you to Ozow in connection with your use of Ozow.ME and the performance of your obligations hereunder is and shall remain true and correct in all respects;

10.4.6.          you will, for purposes of receiving funds using Ozow.ME, only receive funds in your South African resident bank account and that you do not utilise any non-resident bank account for purposes of Ozow.ME (this means you have an ordinary bank account with one of the registered banks in South Africa without any limitations or restrictions);

10.4.7.          you are the lawful owner of your South African resident bankaccount; and

10.4.8.          you will not take any action (or, as the case may be, omit to take any action) which may directly or indirectly cause Ozow to infringe or misappropriate the intellectual property of any third party.

 

11.    Registration and Privacy in terms of POPIA

 

11.1.   We will always process your personal information in line with applicable laws, including the Protection of Personal Information Act (“POPIA”),and our PrivacyPolicy .

11.2.  When registering for Ozow.Me and Pocket you agree to us using and/or processing your personal information to provide the Ozow.Me services to you. This will include us sharing your personal information with the relevant banks, service partners and selected Providers.

11.3.  It is your right to refuse to provide us with your personal information, but this refusal may limit our ability to provide the required services to you.

11.4.  We only collect information that is necessary and relevant to the Ozow.Me and its related services. We will keep your information only for as long as we need it, given the purpose for which it was collected, or as is required by applicable law.  

11.5.  You will provide us with personal information including your full name, mobile number, identification number, date of birth, facial recognition data, and email address. Any application for an Ozow.Me account is subject to our and the relevant bank’s approval criteria and may be declined at our sole discretion.

11.6.  At the time of registration, you consent to us processing your personal information for the following purposes:

11.6.1.verifying your identity;  

11.6.2.          providing the financial products and services to you;  

11.6.3.          fraud prevention and detection;  

11.6.4.          market research and statistical analysis;  

11.6.5.          audit and record keeping purposes;  

11.6.6.          to comply with legal and regulatory requirements,

11.6.7.          to detect and prevent money laundering;  

11.6.8.          sharing with service providers who we engage with to process information on our behalf.

 

11.7.  You consent to us performing certain checks on your personal information provided to us to meet our obligations under relevant laws and our internal risk policies. These checks include identity verification with the South African Department of Home Affairs, credit checks and sanction screening for anti-money laundering and know-your-customer purposes.We may request that we obtain additional information and documentation from you to comply with the aforementioned requirements. You agree to provide such information to us when we request it.

11.8.  Should you provide us with any personal information of a third party (e.g., your friend’s cellphone number to buy data or electricity on their behalf), you agree to comply with applicable privacy laws and our privacy policy. When providing such information to us, you confirm that you are authorised to:

11.8.1. give us the personal information;

11.8.2.    consent on the third-party’s behalf to the processing of their personal information; and specifically and cross-border transfer of personal information to, from and outside South Africa; and

11.8.3.          to receive any privacy notices on their behalf.

 

12.    Rewards

 

12.1.   As a benefit to our users, we may from time to time, when you use Ozow.ME, Pocket, or any of the features, offer rewards to you. Such rewards may take the form of cash back or credit to your Pocket, vouchers, or the like.

12.2.  These benefits may be offered in our sole discretion and may be withdrawn, offered, suspended, or terminated by us at any time.

12.3.  Any such rewards will besubject to the relevant campaign terms and conditions that we will display inthe Ozow.ME application.

Should we partner with a third-party Provider or merchant to offer a reward, the rewards may also be subject to additional third party terms and conditions as may be specified.

 

13.    Intellectual Property

 

13.1.    All intellectual property rights and other rights in relation to Ozow.ME belong to us or our third party licensors and shall never pass to you.

13.2.  You are hereby granted a personal, non-exclusive, non-transferable, licence (with no right to sub-licence or transfer) to install a single instance of Ozow.ME onto your mobile phone, subject to these terms.

13.3.  We may provide updates, upgrades, or new releases in our discretion from time to time.

13.4.  You undertake to always use the latest version of Ozow.ME. The relevant App store may notify you of any upgrades, updates, or new releases that are provided to ensure, amongst other things, that Ozow.ME is secure. As such, you are strongly encouraged to install such upgrades, updates, or new releases that are made available by the App store. We will not be liable if you fail to install the latest version.

13.5.  You may not reverse engineer Ozow.ME or any of our services (meaning you may not reproduce them after a detailed examination of Ozow.ME’s construction or composition).

Should you sell your mobile phone on which Ozow.ME is installed, be sure to remove the app before passing on your device to a third party.

 

14.    Liability and Disclaimer

14.1.   You acknowledge and agree that Ozow shall not be liable for instances that are outside of Ozow’s, the relevant bank, or Ukheshe’s control, which include:

 

14.1.1. any actions or inactions by you that result in a loss of the Ozow.ME service;

14.1.2. any inaccuracies in amounts paid as a result of the information provided by you on Ozow.ME;

14.1.3.      any events or outages affecting the Ozow.ME service that are outside of the authority, control and/or responsibility of Ozow;

14.1.4. any delays in the settlement of transactions;

14.1.5. non-settlement of transactions; and/or

14.1.6.      any force majeure events, including, acts of God, war, riots, acts of sabotage, regulatory changes, directives or similar government actions, industry mandated material price increases, acts and/or threats of terrorism, civil disorder, natural disasters, explosions, fires, destruction of any equipment, pandemic, accidents or other calamity or casualty, boycotts, strikes and lock-outs of all kinds, go-slows, occupation of premises, power outages or work stoppages rendering it illegal, impossible or impractical for Ozow to perform its obligations.

14.2.  Except to the extent that we acted fraudulently or with gross negligence, and to the extent permitted in law, we will not be liable for direct, indirect, special, incidental, or consequential loss or damage which you, or any third party, may suffer or incur including the following instances:

 

14.2.1. suspension or cancellation of your Ozow.ME account or Pocket;

14.2.2.          any malfunction or defect in the hardware, software or device used;

14.2.3.          non-delivery or delayed notifications;

14.2.4.          unlawful or unauthorised access to your account or Pocket by third parties;

14.2.5.     technical failures or delays caused by third party service providers or malfunctioning of any system or network which is beyond our control (such as interruptions, malfunctions, and downtime) and that affects Ozow.ME, Pocket, banking systems, third party systems or any part of any database for any reason;

14.2.6.          cyber-attacks, loss, or corruption of your data; or

14.2.7.           where you or a friend fail to give us the correct information for a transaction.

14.3.  Maximum liability: Should we be found to be liable to you in relation to these terms, then our maximum aggregate responsibility and liability to you (including for negligence and whether pursuant to one or more claims) will be limited to paying you the lesser of an amount equal to the total amount of fees you paid to us for the Ozow.ME service in the 12 months prior to the incident, or R1 000 (one thousand Rand).

Except as may be required by applicable laws, your account, Ozow.ME, the Pocket, and the features within Ozow.ME is provided to you “as-is” without any warranties.

15.     Indemnity

15.1.   You indemnify Ozow, its directors, officers, employees, and agents against all losses which may directly or indirectly arise out of or in connection with:

15.1.1.      your use of and access to Ozow.ME and the related products and services offered to you via Ozow.ME;

15.1.2. you providing the wrong recipient or payment information;

15.1.3.     someone else carrying out a payment instruction or using your information to access Ozow.ME without your permission;

15.1.4. loss of any of your data;

15.1.5.     the negligent, wilful, or fraudulent act or omission by you in carrying out or failing to carry out your obligations under these terms; and/or

15.1.6. for any claims arising against Ozow from any third party in relation to your use of Ozow.ME.

 

16.    Law and Disputes

16.1.   These terms are governed by the laws of South Africa.

16.2.  You agree that any dispute arising from these terms shall be submitted to mediation, failing which, the dispute shall be submitted to binding arbitration governed by the Arbitration Act, 1965, or any replacementAct and shall take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa (“AFSA”).

16.3.  The arbitration proceeding shall be conducted by a mutually agreed upon arbitrator of AFSA and shall be held in Johannesburg, South Africa.

16.4.  The judgment upon the award rendered may be entered and enforced in any court of competent jurisdiction.

16.5.  Nothing contained herein shall prohibit you or us from approaching any court of competent jurisdiction for urgent interim relief pending determination of the dispute by arbitration, and for this purpose the parties’ consent to the non-exclusive jurisdiction of the Gauteng Local Division of the High Court of South Africa, Johannesburg.

 

17.    General Important Information

 

17.1.  1.1.   You are responsible for keeping your security details including your log-in credentials, and all your activity on Ozow.ME safe and confidential. Do not share your security or log-in credentials with anyone.

17.2.  We all have busy lives, and it's easy to overlook important steps in protecting our sensitive data. It is essential to make sure our information is secure to prevent identity theft, fraud, and other cyber crimes. With that in mind, here are a few hot tips to help you keep your information safe:

 

17.2.1. keep your mobile phone secure and avoid allowing other people to use it;

17.2.2.          log out of the Ozow.Me application when youare not using it;

17.2.3.          change your log-in credentials regularly;

17.2.4.          choose a strong password that is not easy toguess;

17.2.5.           never store your log-in credentials on yourmobile phone; and

17.2.6.          keep your software and security tools up to date;

 

by following these simple tips, you can minimise the risk of your personal information being compromised.

 

17.3.   Please contact us if your suspect that your account has been used without your permission without your permission or if you receive a message asking for your log-in credentials. Any delay could result in loss to you of which we will not be liable for.

17.4.  In the case of theft or fraud, you permit us to contact the relevant bank or association and you must also contact your bank and lodge a case with the South African Police Service.

If you no longer wish to use Ozow.ME and the Pocket, please refer to the Pocket Terms and Conditions where we will explain the steps you need to take.

 

18. How to contact us

 

You can contact us with any queries, complaints, reports, fraud suspicions, notifications or otherwise by emailing support@ozow.com.

Pocket

Ozow.ME: POCKET
Ts & Cs (Agreement)

Read the following agreement carefully. These are the terms and conditions of the agreement between yourself, Ozow (Pty) Ltd  as defined below (herein after referred to as “Ozow”), Ukheshe Payment Solutions(Pty) Ltd (herein after referred to as “UPS”) and Ukheshe Technologies (Pty) Ltd (herein after referred to as “UT”) (herein after UPS and UT will be collectively referred to as “Ukheshe”).

Please note that this agreement is in addition to any other agreement applicable to you as provided on www.ozow.com, including the Privacy Policy, Zero-Rated Ts and Cs and Ozow.ME: Consumer Ts and Cs; and www.ukheshe.com, including the Privacy Policy and Terms and Conditions.

This Agreement explains Your rights, obligations and responsibilities, as well as those of Ozow and Ukheshe. Upon registration for or utilisation of any of the Services and/or Products offered by Ozow and Ukheshe, You agree to and accept the terms of thisAgreement.

YOUR ATTENTION IS SPECIFICALLY DRAWN TO CLAUSE 6 HEREIN BELOW WHICH RELATES TO THE CONSUMER PROTECTION ACT.

1. RECITALS

1.1. UPS is a registered Financial Services Provider (FSP 45133), Third Party Payments processor registered with the Payments Association of South Africa (PASA), Merchant Aggregator registered with MasterCard and Nedbank (TPPP);

1.2. UT is a System Operator;

1.3. Ozow is Marketing Agent, who provides technical access to, markets and on sells the Ukheshe Services and Products;

1.4. Whilst Ozow is not an accountable institution or a bank, outside of the Services provided by Ukheshe, Ozow provides automated electronic fund transfer services in its capacity as a System Operator registered with PASA in relation to certain ancillary aspects related to the Services (e.g. topping up a wallet).

1.5. As a result of the a foregoing, You will enter into this Agreement with Ukheshe and Ozow.

1. DEFINITIONS

1.1. Unless a contrary intention clearly appears, the following terms shall have the following meanings assigned to them and cognate expressions shall have corresponding meanings, namely –

1.1.1. “Account” means Your account and account balance that is linked to Your profile, which includes your Wallet, to which these terms and conditions apply;

1.1.2. “Agreement” means this document of “standard terms and conditions” read together with any other Agreements entered into between the relevant parties (if any),as well as any Annexures thereto. By registering for or utilising any of the Services or Products offered by Ozow and Ukheshe you unconditionally signify your assent to the terms of this Agreement and as such the Agreement becomes legally binding between You, Ozow and Ukheshe and further, You warrant that the information you have provided upon registration is true and correct in all respects.

1.1.3. “AML” means Anti-Money Laundering;

1.1.4. “App” means the mobile application, either in the form of a native app or progressive web application, which You utilise to access the Products and Services which will be rendered and/or utilised on Your instruction;

1.1.5. “App Store” means Your device’s application store from which You download the App;

1.1.6. “Confidential Information” means all information and data of whatsoever nature (including the Intellectual Property), whether tangible, intangible, oral or in writing and in any format or medium that is obtained or learned by, disclosed to You, or comes to Your knowledge through Us during the course of or arising out of or in relation to this Agreement or Your use of the Products, App and/or the Services, by whatsoever means, which by its nature or content is or ought reasonably to be identifiable as confidential or proprietary to Us, or which is provided or disclosed in confidence, irrespective of whether it appears in written, oral, electronic or graphical format;

1.1.7. “CPA” means the Consumer Protection Act68 of 2008, as amended, varied, re-enacted, novated or substituted from time to time;

1.1.8. “Customer” means the consumer making a purchase from You (for the avoidance of doubt, You are referred to in this specific clause as the merchant / retailer) by using theService or who has registered with Ukheshe through the marketing efforts of Ozow;

1.1.9. “Documentation” means integrated electronic and / or written communication published by Us or Ozow, describing the Software’s functionality and intended operation;

1.1.10. “Dormant account” means an account that has had no customer-initiated debit or credit transactions for such a period as We or Ozow, at our discretion, may determine from time to time;

1.1.11. “E-commerce” means electronic commerce which includes a transaction performed by means of electronic media in a non-face-to-face environment;

1.1.12. “EFT” means Electronic Funds Transfer from or to a registered bank account;

1.1.13. “Effective date” means the date and time that You download the App, register a profile and agree to the Terms and Conditions or upon use of any of the Services or Products;

1.1.14. “FICA” means the Financial Intelligence Centre Act 38 of 2001, as amended, varied, re-enacted, novated or substituted from time to time;

1.1.15. “IntellectualProperty” means, collectively, all and any intellectual property including,  any registered or unregistered trademark, trade name, or service mark, any patent, domain names, designs, copyright, design right, software application right, topography right, application to register any of the aforementioned rights, trade secrets, any right in unpatented know-how, any right of confidence and any other intellectual or industrial property rights of any nature whatsoever in any part of the world, including any licence rights and the right to take legal action;

1.1.16. “Know-How” means all ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used in connection with Our business; all available information regarding marketing and promotion of Our products and services (including the Services); and all and any modifications or improvements to any of them;

1.1.17. “KYC” means Know Your Customer;

1.1.18. “Mobile Phone or Smart Device” means a single mobile phone or tablet with a central processing unit capable of executing instructions from a software program or via USSD, and which is used, owned or leased by You;

1.1.19. “Merchant Device” means a point-of-sale (POS) device, mobile phone or tablet;

1.1.20. “Participating Merchant” means a merchant that is integrated into Ukheshe and offers either Cash Withdrawal Token services and/or Cash deposit services and/or Purchase services;

1.1.21. “PCI DSS” means PaymentCard Industry Data Storage Standards as stipulated by the respective CardSchemes;

1.1.22. “Personal Information” has the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013 and any applicable law in South Africa and/or in any other jurisdiction where the Services and/or Products are provided and/or used;

1.1.23. “PIN” means personal identification number;

1.1.24. “POPIA” means the Protection of Personal Information Act 4 of 2013, as amended, varied, re-enacted, novated or substituted from time to time;

1.1.25. “Processing” has the same meaning as “processing” as defined in POPIA, which for instance will include (subject to the provisions of POPIA, which may be amended from time to time): collecting, storing, collating, using, modifying, sending, distributing, deleting and destroying Personal Information;

1.1.26. “Product specifications” means specific features of products offered by us, including but not limited to minimum deposits, minimum balances and service fees;

1.1.27. “QR Code” means a Quick Response Code generated to enable you to process Transactions. It is a machine-readable code consisting of either an array of black and white squares or a linked numeric code, typically used for storingURLs or other information. The QR Code can be a Static QR Code or a Dynamic QR Code. A “Static QR Code” means a QR code that has a predetermined value or will allow the Customer to input a value; and a “Dynamic QR Code” means a QR code that is linked to specific purchases;

1.1.28. “RICA” means The Regulation of Interception of Communications and Provision of Communication Related Information Act as amended from time to time;

1.1.29. “Selected Merchants” means those merchants as selected by Us from time to time and with whom We and Ozow have contracted to provide VAPs;

1.1.30. “Services”or“Products” means the provision of any payment related services or products rendered through any channel, App,WhatsApp or any other medium through which the Service is rendered and as described more fully in the clause with heading “Services” of this Agreement;

1.1.31. “Software” means the object code of, source code of, and Documentation for the Services offered to You;

1.1.32. “VAPs” means the value-added products of one or more Selected Merchants;

1.1.33. “VAS” means the value-added services of one or more Selected Merchants;

1.1.34. “Wallet” means a User’s ring-fenced User account maintained and reconciled to Our virtual master wallet. The Wallet is unique to each User and contains Personal Information of the User. The Wallet can be accessed via the App or any other medium through which the Service is rendered;

1.1.35. “We” or “Us” or “Our” or “Ukheshe” or “Service Provider” shall mean Ukheshe Technologies (Proprietary) Limited (“UT”),Registration Number: 2017/471522/07, 1st Floor, Golfers Corner, Design Quarter, Fourways, Johannesburg 2191 and Ukheshe PaymentSolutions (Proprietary) Limited (“UPS”), Registration Number: 2013/099677/07, 1st Floor, Golfers Corner, DesignQuarter, Fourways, Johannesburg 2191 FSP Licence number 45133;

1.1.36. “Ozow” shall mean Ozow  (Proprietary)Limited (“Ozow“), Registration Number: 2013/214663/07 and registered address at 10th floor, 5 Buitengracht Street, Western Cape, Cape Town, South Africa,8001;

1.1.37. “You” means the person, merchant or retailer who registers, creates a profile either via the Ukheshe interface or App which was marketed by Ozow (through Ozow.ME) and/or any person who utilises any of the services offered by Ukheshe. ”Your” and “User” shall have corresponding meanings;

1.1.38. “Withdrawal Token” means a cash withdrawal reference number valid at any Participating Merchant teller;

1.1.39. “USSD” means the USSD (Unstructured Supplementary Service Data) interface used to access Your wallet;

1.1.40. “WhatsApp” means theWhatsApp interface used to access your account, wallet, transact, display a QR code and/or receive payment as a Merchant.

1.2. Any reference in this agreement to the singular also includes the plural or the reference to male also includes the female.

2. ACCEPTANCE

2.1. By registering for the Ukheshe account alternatively by utilising the Services, You agree and acknowledge that:

2.1.1. You accept the terms and conditions of thisAgreement;

2.1.2. You are 18 years or above of age;

2.1.3. You are of sound mind and full legal capacity.

3. COMMENCEMENT AND REGISTRATION

3.1. This Agreement is effective from the Effective Date, and will remain in force unless terminated in accordance with the other terms of this Agreement, or by written notice.

3.2. It is specifically agreed that We or Ozow may suspend the Service or terminate the Agreement immediately for regulatory or statutory reasons as well as for any reason considered material by Us.

3.3. In order to access and/or use the Ukheshe App marketed through Ozow, Ukheshe Services and/or Wallet, You need to download theApp and thereafter register an account/profile with Us by going through the registration process on the Ukheshe App.  

3.4. This will involve providing Us and Ozow with certain personal information, which may include (but is not limited to): Your name, photograph, mobile number, email address, proof of Identity, proof of address, last 4 digits of debit/credit card used for top-up, card expiry date etc.;

3.5. You must be at least 18 (Eighteen) years of age, of sound mind and have a valid South African ID/Passport; or Foreign Passport; or Asylum Papers; or Work Permits to use the Service;

3.6. You hereby agree that said information may be shared with Our third-party service providers which include but is not limited to Home Affairs, Secure Citizen, pb Verify, Experian and TransUnion to verify the provided information and confirm the validity of same;

3.7. You furthermore acknowledge and agree that you grant Ukheshe and Ozow worldwide permission to use, store, copy, share, reproduce, and distribute your personal data only as reasonably required to provide the relevant service.  

4. SERVICES

4.1. The App, WhatsApp and / or the Interface may enable aUser to select one or more of the following Services (including but not limited to):

4.1.1. Digital KYC;

4.1.2. Digital Wallets;

4.1.3. Cash out and cash in transactions;

4.1.4. Generation and payment of QR codes;

4.1.5. Access reports on transaction history;

RECEIPT OF PAYMENTS

4.1.6. You acknowledge and agree that We will not accept payment for any prohibited industries or other banned products.

4.1.7. We consider the following as prohibited industries:

4.1.7.1. Illegal businesses and activities according to the laws and regulations governing the S/E (service establishment or merchant);

4.1.7.2. Illegal gambling (including casino chips, gambling services, Internet casino sites, and Bingo);

4.1.7.3. Unregulated lottery Sales;

4.1.7.4. Credit Restoration Services;

4.1.7.5. Prostitution (including S/Es involved in prostitution such as unlicensed massage parlours and escort services);

4.1.7.6. Unlawful internet adult digital content.

MASTERPASS PAYMENTS ACCEPTANCE & PROCESSING

4.1.8. Your Customers will use the Masterpass Compatible App to scan the QR Code or a Customer may manually input the numeric code linked to the QR Code to perform a Transaction.

4.1.9. The Cards the Customer loads onto the Masterpass Compatible App may not necessarily be compatible with the Service.

4.1.10. The Service will automatically accept Payment Amounts from compatible Visa, Mastercard and Amex-issued Cards.  

4.1.11. All Service Transactions will be authenticated either by 3D Secure, AMT or another accepted authentication method.

WALLET TOP-UP

4.1.12. You may Top-up your wallet using any of the below methods:

4.1.12.1. with an EFT Transaction using Your Wallet number as reference number, through the App or through Ozow;

4.1.12.2. You may Receive payment by displaying Your QR Code linked to Your Wallet or any similar functionality provided on the App; or

4.1.12.3. Any further methods which we may include in the App.

4.1.13. We reserve the right to reject or cancel Your request to Top-Up at any time at Our discretion

4.1.14. We may, in Our discretion and without prior notice toYou, set daily and/or monthly limits for Wallet Top-up. Any such daily limits will appear in the App.

4.2. AUTHORITY TO DEBIT YOUR CARD

4.2.1. You hereby authorize us to debit Your account:

4.2.1.1. with any and all payments to merchants made by You using Your Account or where We or a bank act on any instruction from You;

4.2.1.2. with any additional fees that may be charged through automated teller machines (ATMs);

4.2.1.3. with Our standard service fees and those of a bank as notified to You from time to time,; and/or

4.2.1.4. where funds have been mistakenly added to the Account, We may make an adjustment to the balance so that the correct amount is restored.

4.2.2. We and/or the Bank shall not be liable for any transaction being dishonored because of insufficient funds as a result of the debiting of fees.

4.3. INTEREST

You acknowledge that no interest will accrue on any credit or debit balances in your Account and/or Wallet.

4.4. TRANSACTION HISTORY

4.4.1. Transaction history can be accessed through Our App, at Your request.

4.4.2. If You believe that Your Transaction history contains an error(s) You must notify Us of the error via e-mail or by contacting support in the App or support@ozow.com within 30 (thirty) days of the receipt of the transaction history, failing which you will have no claim whatsoever in respect of or arising from such error(s).

4.5. DEPOSITS

4.5.1. Subject to product specifications, which are set out on the App, there are limits to the number and amounts of deposits that can be made on your Account or Wallet. Ukheshe reserves the right to update and amend the limits without notice. Any deposit exceeding the limits will be rejected and will not be accepted.

4.6. YOU MAY TRANSFER FUNDS

4.6.1. to another User (the Recipient).

4.6.2. In order to transfer funds to the Recipient, You must identify the Recipient and the value to be transferred to the Recipient.

4.7. YOU MAY USE OR SPEND FUNDS

4.8. We reserve the right to reject or cancel Your request to purchase at any time at Our sole discretion.

4.9. Daily and/or monthly maximum redemption amounts apply and may change from time to time without prior notice to You. Ozow and Us will use its best endeavours to showcase any such limits on the App.

4.10. Services and the relevant charges may change from time to time without prior notice to You.  Any charges will be reflected on the App.

4.11. All Top-up and payment receipts will have at least a two-day delay before the funds will be available to spend in your Account or Wallet.The funds will reflect in Your current balance, but may not reflect in your available balance.  

5. ANTI-MONEY LAUNDERING, FRAUD AND DISPUTES

5.1. You acknowledge and understand that We are an accountable institution for adherence to all regulatory and legislative requirements under this Agreement in terms of the Financial Advisory andIntermediary Services Act 37 of 2002 and furthermore, an accountable institution in terms of Financial Intelligence Centre Act 28 of 2001 as amended by the Financial Intelligence Centre Amendment Act 1 of 2017.

5.2. You provide Your irrevocable consent to Us and Ozow to disclose any information provided by You in terms this clause to any Regulated Institution and/or Officer as may be required in terms of applicable anti-money laundering and counter-terrorist financing legislation (including FICA) or any other relevant legislation.

5.3. You shall not use the Services to commit any of the following acts:

5.3.1. any act which undermines Ozow or Our reputation, privacy, intellectual property and other rights;

5.3.2. any act which assists in, allegedly results in, or may actually result in, fraud, money laundering, terrorist financing or impermissible or illegal trading;

5.3.3. any act which involves Your use of an invalid bank account or the bank account of another person or User without such other person’s or User’s consent;

5.3.4. any act that We or any Bank, or EFT payment network reasonably believe to be an abuse of the card system or a violation of card association or network rules or any other rules governing or applicable to such payments network, as may be updated from time to time.

5.4. In order to prevent Fraud, We may implement fraud prevention measures, as updated from time to time without prior notice to You. We may require that You supply additional information to verify that that any payment made through Us is valid and that You have made the payment. Should You fail to provide Us and/or Ozow with the requested information, We reserve the right to suspend Your profile or Account, until said request has been complied with toOur satisfaction.

5.5

5.5. Examples of these measures include, but are not limited to:

5.5.1. Any payment over a certain value may require you to verify your details by providing or uploading copies of ID/Passport;

5.5.2. Any payment deemed or classified as medium or high risk by Us may be held in suspense until the amounts have been verified;

5.5.3. If any payments have been marked as medium or high risk, We or Ozow will contact you to provide the necessary information required to validate the transaction and make the funds available for use;

5.6. You agree that in the event of a dispute request from a financial institution or as otherwise reasonably determined by us in order to prevent potentially fraudulent or unlawful conduct or transactions:

5.6.1. We, may take the following action (collectively referred to as “Dispute Action”):

5.6.1.1. Deduct, withhold, recoup from, or offset against our payments to You or debiting YourWallet or account, or We may notify you of your obligation to pay us, which you must do promptly and fully;

5.6.1.2. Our failure to demand payment does not waive our rights in terms of this clause.

5.6.2. We will withhold the full value of the disputed amount in your Wallet or Account pending investigation.

5.6.3. Dispute Action may result from the following(including but not limited to):

5.6.3.1. a Customer dispute;

5.6.3.2. Transaction reversal;

5.6.3.3. Unlawful or suspicious transactions;

5.6.3.4. actual or suspected lack of authorisation;

5.6.3.5. Transactions processed outside the terms of the Agreement;

5.6.3.6. reversing a Charge for which we have not paid You.

5.6.4. Should the findings illustrate or indicate any unauthorised activity or fraudulent activity this Agreement may be terminated immediately

5.6.5. You agree that We shall be entitled to debit the full amount of any funds related to a Dispute Action from your Wallet or Account.

5.6.6. If We are unable to recover such funds for which you are liable, you will pay Us the full amount immediately upon demand. You further more agree to pay all costs, expenses and disbursements including, without limitation, sheriff fees, tracing fees, courier fees, postage, attorneys’ fees on an attorney and own-client scale, incurred by Us in connection with the collection of all such amounts from You.

5.7. Fraud prevention methods, legislation, rules, regulations and processes change from time to time and as a result we reserve the right to amend or policies and procedures as required without prior notice to You. You agree to be bound and adhere to same.

6. PROVISIONS OF THE CONSUMER PROTECTION ACT, 2008 (“CPA”)

6.1. The provisions of this Agreement contain assumptions of risk and/or liability by You. It furthermore limits and excludes liabilities, obligations and legal responsibilities, which We or Ozow will have towards You and other persons. The provisions of this Agreement also limit and exclude Your rights and remedies against Us and Ozow and place various risks, liabilities, obligations and legal responsibilities on You. These provisions may result in You being responsible for paying additional costs and amounts and We or Ozow may also have claims and other rights against You.

6.2. In particular, amongst others, please make sure to consider the provisions of the risk clauses herein below very carefully, because they have an impact on the risks You carry in making use of theSoftware and the Services, and on Our or Ozow’s liability to You.

6.3. To the extent that any Services provided under thisAgreement are governed by the CPA, no provision in this Agreement is intended to contravene the applicable provisions of the CPA, and therefore all provisions of this Agreement must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.

7. GENERAL TERMS RELATING TO WALLETS OR ACCOUNTS

7.1. You acknowledge and understand that:

7.1.1. Your designation as a User, and Your election to deposit and/or transfer funds, does not represent an investment with Us or Ozow in any manner whatsoever;

7.1.2. any transfers or transactions of money are made at Your own risk and We or Ozow do not accept any liability for any loss, damage (whether direct or consequential), or delays experienced in relation to the receipt of funds, purchase, transfer, cash-out or cash-in;

7.1.3. We will keep a record of all the transactions for a period for 5 (Five) years. On the App, you will have access to the last 7(Seven) transactions and records of further transactions can be provided on request at an additional fee;

7.1.4. We do not verify the cell phone number of theRecipient and accordingly We or Ozow will not be held responsible for any loss incurred by You as a result of any incorrect information provided;

7.1.5. We do not guarantee the availability of funds at any SelectedMerchant, nor do we guarantee that a specific denomination will be available when withdrawn by the Recipient at the Selected Merchant;

7.2. All Wallets or Accounts that have had no activity for 60 days will be deemed dormant and a dormancy fee may be charged.

8. APP STORE TERMS

8.1. The ways in which You can use the App and any other related Services may also be controlled by the rules and policies of the Appstore from which You download the App. In the event that there exists a conflict between any term, condition, or provision contained within this Agreement, and in any term, condition, or provision contained within the relevant App orApp store terms, the term, condition, or provision contained therein shall take preference.

9.         OPERATING SYSTEM REQUIREMENTS

9.1. The System/App requires a smartphone device with internet connection and camera to be operational.

9.2. The WhatsApp interface requires a smartphone device with internet connection to be operational.

9.3. The device needs to have a valid cell phone number and complies with RICA.

10.         ELECTRONIC TRANSMISSION OF INFORMATION

10.1. The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks may not always be secure, and is subject to possible loss, interception, or alteration while in transit.

10.2. Accordingly, We or Ozow do not assume any liability, without limitation, for any loss or damage You may experience or costs You may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving theSoftware, App, Services or e-mail to Us containing Your Personal Information.

10.3. We or Ozow will take commercially reasonable steps to safeguard the privacy of and keep confidential the information You provide to Us or Ozow and will treat such information in accordance with the provisions of this Agreement. Under no circumstance, unless and only to the least extent required otherwise by applicable law, will the information You provide to Us or Ozow create any fiduciary obligations for Us or Ozow, or result in any liability for Us or Ozow in the event that, in spite of Us taking reasonable steps to prevent it, such information is lost, damaged or destroyed, or accessed or processed by third parties, without Your or Our consent.

11. SOFTWARE LICENCE

11.1. We and Ozow hereby grant You a personal, non-exclusive, non-transferable, fully paid-up license (with no right to sub-license, transfer or assign) to install a single instance of the Software andApp onto a single Mobile Phone, and to use the Software and App in conjunction with that Mobile Phone, in the Republic of South Africa, for Your own internal data processing purposes, strictly upon the terms and subject to the conditions of this Agreement.

11.2.    The App, Software and the Services are not automatically supported and the license does entitle You to any updates, upgrades, new releases or support services for the App, and We may provide these in Our discretion from time to time. You agree that the terms of thisAgreement shall apply to any updates, upgrades or new releases provided to You.

11.3.    Any return, exchange or refund relating to the Services will be on the basis of Our return, exchange and refund policy.

11.4.    You undertake to always use the latest version of theApp. The App Store may notify You of any upgrades/updates that are available toYou. The upgrades and updates provided are, amongst other things, to ensure that the System is as secure as possible and as a result We strongly encourageYou to install such upgrades and updates as soon as possible after they are made available by the App Store. Subject to the remainder of this Agreement, We or Ozow shall not be liable for any security / data bugs that You may experience if You fail to install the latest version of the App.

11.5.    If We or Ozow have to contact You, for instance in relation to maintenance and support of the Software or the Services, We or Ozow will do so by email, via the App Platform or SMS or telephonically, using the contact details You have provided to Us.

11.6.    You can only transact through the App in line with the facilities available to You through Your Wallet or Account.

11.7.    All ownership rights (including Intellectual Property rights) in and to the Software (including updates, upgrades and new releases)and the System and all other Intellectual Property, are and shall remain vested in Ozow, Us, Our licensor(s) or a party nominated by Us, as the case may be, and shall never pass to You. You shall not during or at any time after expiry or termination of this Agreement, question or dispute Our ownership of theSoftware or Intellectual Property. Except as and to the extent authorised in this Agreement, You shall have no right to use Our Intellectual Property in any manner whatsoever.

11.8.    You may not duplicate, reverse engineer or reproduce in any way the App, Software and information, documentation and proprietary products made available via the App or any other platform without our express prior written consent.

11.9.    You may not make a copy of the Software for back-up purposes. Other than as expressly provided for herein, You may not in any manner copy or otherwise reproduce the Software (wholly or partially).

11.10.    Except as expressly set out to the contrary herein,You will not, and will not assist any third party to, copy, reproduce, transmit, distribute, sell, resell, license, sub-license, rent, lease, transfer, assign, disclose, de-compile, reverse compile, reverse engineer, disassemble, modify, publish, create derivative works from, perform, incorporate into another website, computer program or product, or in any other way reduce to human-perceivable form or exploit all or any part of the Software or the Intellectual Property. If You sell any device on which the Software is installed, you must remove the Software from it.

11.11.    You irrevocably undertake and agree that upon termination for whatever reason of this Agreement and/or any license granted under this Agreement, You shall:

11.11.1.          immediately cease all use of the Software and any other Intellectual Property;

11.11.2.          immediately de-install or delete (as appropriate)every copy (including partial copy) of the Software or App and any other Intellectual Property acquired or made by You from wherever it is installed;

11.11.3.          destroy every copy (including partial copy) of the Software and any other Intellectual Property acquired or made by You, by no later than 3 (three) days thereafter.

11.12.    Third party software provided with the Software is licensed to You on its accompanying license terms, including warranties and remedies. We provide no warranties regarding such software, operating systems and internet browsers including, without limitation, warranties relating to the suitability for a particular purpose, security features or performance. You acknowledge that the use of third-party software will be at your own risk and you indemnify us against and hold us harmless from any and all loss or damage that you may suffer as a result of the use, abuse or possession of third-party software.

11.13.    You agree that any breach by You of any provision of this clause shall be seen as a material breach of this Agreement.

12.     RISKS AND RESPONSIBILITIES

12.1.    You agree to use the Software and/or Services in accordance with the terms of this Agreement and to comply at all times with all applicable laws, regulations and ordinances.

12.2.   Except as regards Your reliance on the Software and the Services to do so, You accept the risk of sending and receiving funds.In entering into any transaction, including sending to or receiving funds from any User, You represent that You have been, are, and will be solely responsible for making Your own independent appraisal and investigations into the risks of the transaction. You represent that You have sufficient knowledge, and experience to make Your own evaluation of the merits and risks of any transaction.

12.3.   You are responsible for complying with applicable law. You must ensure that You are fully aware of all laws that may apply to You in relation to Your access to and use of the Software and theServices and to the transactions envisaged in or related to this Agreement, and agree that You are fully responsible for complying with such laws.

12.4.    You agree that We or Ozow are not responsible for determining whether or which laws may apply to Your transactions, including any tax laws, transfer pricing rules or exchange control regulations; We or Ozow are not responsible for ensuring that You comply with such laws. You are solely responsible for compliance with applicable laws, including notifying, withholding, collecting, reporting and remitting any taxes and duties that are payable as a result of Your access to and use of the Software and the Services and any transactions You may be involved in.

12.5.   You are aware of and accept the risk of operational challenges. No Software is error and risk free, as a result We or Ozow may experience cyber-attacks, cyber-security breaches, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions in the Service or Your access to the App, and may even affectYour Wallet or Account. While We and Ozow will do its best to minimise the inconvenience and losses sustained as a result of such circumstances and will take reasonable steps to guard against them, You accept the risk of transaction failure resulting from such operational or technical difficulties, including those resulting from sophisticated attacks. You agree not to hold Us or Ozow accountable for any related losses, unless gross negligence can be proven.

12.6.    We or Ozow do not advise on trading or any other financial activity. Our Services do not include, and it is not Our or Ozow's intention to give You any form of investment or financial advice, or professional advice of any kind. You should seek Your own independent financial advice before opening a Wallet or Account, or entering into any transactions with Us or Ozow.You acknowledge that You have been free to secure independent legal, financial and other advice as to the nature and effect of the Services and Your making use thereof, and of all of the provisions of this Agreement and the relevant exchanges’ terms and conditions, and that You have either taken such independent advice or dispensed with the necessity of doing so.

12.7.   We must comply with applicable law. Applicable law, regulation, and/or orders or rulings by regulatory and other governmental bodies may require Us to freeze transactions, withdrawals or contributions (or any combination thereof), or provide information (including PersonalInformation) regarding Your identity, location and/or Your Wallet or Account. Further, Our record-keeping and customer verification procedures are subject to change at any time as required by law, or industry practices. We must comply with applicable law and regulation and You accept any inconveniences to You or other consequences resulting from Our or Ozow's compliance.

13. ATTACKS

13.1. While We and Ozow will take all reasonable steps to prevent and mitigate attacks and breaches, there will sometimes be attacks on the Software or the Services in spite of Us or Ozow taking such steps, and in the event of such an attack there may be nothing that We can reasonably do to prevent its consequences. With respect to the Software, if We or Ozow are able to confirm that any funds or that Your Wallet or Account has been compromised or is under attack, We or Ozow may immediately halt the provision of theServices, the functioning of the Software, and any transactions involving Your Wallet or Account. In the event of such an attack, We or Ozow shall do its best to do what a reasonable person in Our or Ozow’s place would have done, considering the circumstances and what is commercially viable and reasonable.

13.2.  No technology or software is ever perfect or error free, as a result there is no way of Us or Ozow preventing all cybersecurity attacks. Accordingly, We and Ozow make no representation and do not warrant or guarantee the safety or security of the Software or the Services and are not liable for any lost value or stolen property, unless and only to the extent that We wilfully or grossly negligently failed to implement reasonably security measures.

 

14.  WARRANTIES AND DISCLAIMERS

14.1. We and Ozow warrant that We or Ozow are the owners of or have valid title to the Software (dependent on the circumstances) and are entitled to grant the rights to You as envisaged in this Agreement.

14.2. We and Ozow do not warrant that the Services or theSoftware will be completely free from errors or that errors will be corrected completely, nor that it will meet Your requirements, nor that it will operate in all combinations selected for use by You.

14.3. You acknowledge that whilst We or Ozow take reasonable care to exclude then-known viruses, malware, worms and Trojan horses from the Software, no warranty is given that the Software is free of viruses, worms or Trojan horses.

14.4.  You agree that We or Ozow shall not be responsible for any malfunction, non- performance or degradation of performance of theSoftware which is caused by or results from, directly or indirectly, any alteration to, adjustment of, attachment to, or modification of the Software by anyone other than Us or Ozow.

14.5.    As expressly provided in this clause 14 and except as required by applicable law, the Services, the Software and the Interface are provided “as- is”.

14.6.    You must ensure that the correct User recipient is selected when you transfer funds another User. We or Ozow will not be responsible for any losses if You fail to correctly select the User recipient.

14.7.    We or Ozow will also not be responsible if You insert the incorrect amount for the cashing- out of or transfer of funds.

14.8.    The Wallet or Account is only intended to be used for payment for goods and/or services as contemplated expressly in this Agreement, and We accept no liability otherwise.

14.9.    The warranty will not extend to defects:

14.9.1. caused by the actions of you or for reasons attributable to You;

14.9.2. if you do not update the App and or software with updated versions as and when these versions become available; and

14.9.3. if you do not make use of the App for an extended period of time, allowing the account to go dormant.

15.         CONFIDENTIALITY

15.1. You shall treat all Confidential Information as strictly confidential and not use it for any purpose other than performing Your obligations or exercising Your rights upon the terms of this Agreement. You shall not disclose Confidential Information to any person or third-party.

16.         PRIVACY AND USE OF PERSONAL INFORMATION AND DATA

16.1. This section sets out how We or Ozow use and protect any information provided by You when registering for and making use of the Services via any Interface.

16.2. We and Ozow are committed to ensuring that Your privacy is protected. All information requested will be used within the terms of this Agreement or any other agreements concluded between You and Us or Ozow.

16.3. We may collect the following information, which We may need in order to provide You with the Services and access to the Software:

16.3.1.       name, surname and ID Number;

16.3.2.       contact information including cellular number and email address;

16.3.3.       geographic information using GPS functionality;

16.3.4.       transactional history and any other related information.

16.3.5.       Bank details for EFT transfers

16.3.6.       We and Ozow shall process Your Personal Information in accordance with the conditions for lawful Processing as set out in the POPI Act.

16.4.  We and Ozow will use Your Personal Information for legal and compliance purposes: This includes using Personal Information needed to comply with legal and regulatory duties related to anti-money laundering and counter-terrorist financing; detection, prevention and prosecution of fraud and theft as well as preventing illegitimate or prohibited use of our services or other illegal or wrongful activity. This may also include establishing, exercising, or defending legal rights and claims of Us and others, and monitoring and reporting compliance issues. This may further include using your personal information to validate and authenticate your identity, and utilizing third parties to help us do so.

16.5.  We or Ozow will inform you when your information is required to provide the services you request, or is required by law. In certain cases, such as performing money transfer services, we may be unable to provide you with our services unless you provide certain personal information.

16.6.  You consent to Us and Ozow using the information gathered to: create and administer Your Wallet; creation of your profile and Account; administering your profile and account; provide support services to you; provideServices to You; meet legal or other regulatory obligations imposed on Us; audit usage of Our software and services (including the Services); understandYour needs and to provide a better service, and in particular for internal record keeping; transaction verification and authentication; detect fraud and manage risk; improve Our internal operations and efficiencies; improve Our products and services; send You promotional communications about new products, special offers or other information which We think You may find interesting using the email address which You have provided; and otherwise perform Our obligations and exercise Our rights under this Agreement.

16.7. You have the right to access Your Personal Information and, should the information be inaccurate, You may request Us to correct Your Personal Information.

16.8.    Should you not wish Your location settings and other information to be disclosed to us, the Smart Device or software will allow you to turn off the location settings, and therefore disallow Us or Ozow access to the information.

16.9.    To the extent the relevant provisions of POPIA are in effect in relation to such rights, You may object to Our or Ozow’s Processing of Your Personal Information in accordance with the provisions of POPIA. If you do so and We or Ozow are not able to Process Your Personal Information then We may not be in a position to provide You with the Services.

16.10. It should also be noted that if some of the Services provided by Us or Ozow to You require Us or Ozow to Process the PersonalInformation of someone else, and that person has not consented to Us doing so, this will affect Our or Ozow's ability to provide the Services to You and may mean that We are not in a position to provide those Services to You. Any recipient of your funds must accept the provisions of this Agreement and, if they have not done so, We will not facilitate transactions between You and such recipient. For the avoidance of doubt, Our failure to provide the Services toYou in such instances will not be a breach of this Agreement by Us and will not give rise to liability on Our or Ozow's part.

16.11.  You hereby agree that We or Ozow may send You information: for the marketing of goods and services to You, for the marketing of goods and services to You on behalf of third- party companies, when We or Ozow believe that these offers may be of interest to You; and that We or Ozow may provide de-identified or aggregated information to third-party companies for the provision of analytical ratings about Your transactional patterns behaviours and customer care data and information, including call centre reports and sales assistance information.

16.12.    You have the right to request that We or Ozow no longer contact You regarding the marketing of goods and services to You, whether for Our own purposes, or on behalf of third parties. Such request can be made through the contact details provided in these terms and conditions and upon receipt of such request, We or Ozow shall desist in such direct marketing.

16.13.  From time to time, We or Ozow may also use Your information to contactYou for market research purposes. You consent to Us contacting You by email or on Your cellular phone number. However, if You would like Us to refrain from doing so, please let Us and Ozow know and We and Ozow will comply with Your respective requests.

16.14.  We or Ozow may use the information to customise the Services according to Your interests.

16.15.    We may elect to share Your Personal Information with:

16.15.1. Ozow as our Marketing Agent;

16.15.2.          service providers under contract with Us or Ozow where this is necessary for Us or Ozow to perform Our obligations under thisAgreement;

16.15.3.          parties where We or Ozow are required to do so bylaw, court order, or in compliance with applicable identity verification or legal reporting obligations, and that, to the extent permitted or required under applicable law, We or Ozow may do so even when Your relationship with Us or Ozow is terminated or Your Wallet is cancelled; and

16.15.4.          other third parties, provided We or Ozow have received Your explicit consent.

16.16.    You expressly consent that We or Ozow may process and further process your Personal Information to any of Our or Ozow's group companies, which may be located outside of South Africa for the above purposes(in which case, We will ensure that the location to which Your PersonalInformation is transferred will be a location with at least as onerous restrictions on the Processing of Personal Information as are applicable inSouth Africa ) and that We or Ozow may disclose Your Personal Information to any person who provides services to Us or Ozow or acts as Our or Ozow’s agent to whom We have transferred or propose to transfer any of Our or Ozow’s rights and/or duties in respect of Your Wallet, pursuant to Our or Ozow’s performance of this Agreement; and We or Ozow will ensure that such persons agree to Our or Ozow privacy or other policies in Processing Your Personal Information. Our privacy policy policies can be accessed at: www.ukheshe.com, and Ozow’s privacy policy can be accessed at www.ozow.com

16.17.    Upon termination of the Agreement, and upon Your written request, We and Ozow shall delete or destroy all of Your PersonalInformation, unless and to the extent that We or Ozow are required by law to retain records of Your Personal Information.

17.         YOUR CONSENT

17.1.    You acknowledge that you accept and provide your irrevocable consent to this “Your consent” clause, and specifically allow for the collection, storage, Processing and disclosure of Personal Information as described in this Agreement and for the purposes of this Agreement. Should You, Ozow or We terminate use of the Services, consent is still given to Our and Ozow’s retention of the information We have already collected and for the uses as specified in this Agreement. If You do not consent to Us or Ozow Processing your Personal Information, We or Ozow cannot fulfil the terms of the Agreement.

18. NON-PERSONAL INFORMATION

18.1. Not withstanding anything contained in this Agreement regarding Your information, the following information is not regarded asPersonal Information for purposes of this Agreement:

18.1.1.       information which cannot be linked back to You; and

18.1.2.       non-personal statistical information i.e. information which has been aggregated and cannot be linked back to You.

19. SECURITY

19.1. We and Ozow are committed to ensuring that Your information, including Your Personal Information and Your information relation to payments and receipts, is secure. In order to prevent unauthorised access or disclosure, We and Ozow have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information We or Ozow collect. Should you require additional information and/or details relating to the security provisions We or Ozow will provide you with same upon reasonable request by You.

19.2.    We and Ozow confirm that we have reasonable security safeguards in place to protect your Access Details and other Personal or confidential Information you gave us via the App or platform. However, you accept that, while We or Ozow will take all reasonable steps to prevent security breaches in respect of the Services, any information sent over an unsecured link or communication system is susceptible to unlawful monitoring, interception or access by a third party, for which We and Ozow will not be responsible.

19.3.   In the event that an unauthorised person has accessed or acquired Your Personal Information, We or Ozow shall notify You as soon as reasonably possible using the contact information You provided, unless prohibited in terms of applicable law or relevant authorities. Our or Ozow’s notification shall contain sufficient information to allow You to take protective measures against the potential consequences of the security breach.

19.4.    In no event, unless and only to the least extent required otherwise by applicable law, will the information You provide to Us or Ozow create any fiduciary obligations for Us or Ozow, or result in any liability for Us or Ozow in the event that, in spite of Us or Ozow taking reasonable steps to prevent it, such information is lost, damaged or destroyed, or accessed or processed by third parties, without Your, Ozow’s or Our consent.

19.5.    A cash-out may be by way of point-of-sale withdrawal at Participating Merchant, which will be subject to the Participating Merchant’s security validation and policies.

20. OTHER IMPORTANT INFORMATION

20.1.    You are responsible for maintaining the strict confidentiality of Your Account, Profile, Wallet’s credentials, including without limitation Your login details, App PIN, email, wallet address, Wallet, and of all activity on Your account.

20.2.    We will never ask You to disclose Your WhatsApp or App or Account Password. You agree to report any message You receive that asks for Your account details. It is advisable to change Your App Password regularly(at least every 2 (two) to 3 (three) months) in order to reduce the risk of a security breach of Your account. Please choose an App Password that will not be easy to guess or work out, and as far as possible has no meaning. Do not ever allow anyone to access Your Wallet or to watch You accessing Your Wallet orAccount. You agree to take all steps to ensure that Your login details are not stored by Your mobile device or cached or otherwise recorded, and should never use any functionality that allows login details or passwords to be stored by the computer You are using.

20.3.    If You have any security concerns about your Your Wallet/Account, login details, App Password, other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, please change Your Mobile Phone PIN and App Password and contact Us or Ozow immediately.Any undue delay in doing so will affect the security of Your Wallet/Account, and may result in losses as a result.

20.4.    You agree to ensure that Your Mobile Phone or Smart Device is secured with a PIN and e-mail account(s) are secure and only accessible by You, as Your Phone e-mail address in the App can be used to reset passwords or to communicate regarding the details and security of Your Wallet, the App and the Services. If any of the e-mail addresses or Phone number registered with Your Wallet are compromised, please notify Us or Ozow and contact Your e-mail service provider immediately.

20.5.    In cases of theft or fraud, You should contact Us or Ozow and lodge a case with the South African Police Services.

20.6.    We or Ozow shall not be liable for any fraudulent activity initiated through the downloaded copy the App.

20.7.    Neither We, Ozow nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this section of the System. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

20.8.    Please ensure that Your Mobile Phone or Smart Device is secured with a PIN or password as your Wallet may be accessible from WhatsApp.Unauthorised access of your Phone may result in unauthorised transfers which We and Ozow take no responsibility for. 

21.         CLOSURE OF YOUR WALLET OR ACCOUNT

21.1.    This agreement may be terminated, in whole or in part, by Ukheshe, whenever, for any reason, Ukheshe or Ozow determines that such termination is in its best interest.

21.2.    Should We cancel and terminate this agreement for any of the aforementioned reasons, We will freeze the Account or Wallet, send you are quest to present us with your banking details in order to refund any remaining balance within a period of 90 (Ninety) days, failing to provide us with the necessary details within a period of 90 (Ninety) days and subject to the reason of cancellation, We will charge dormancy and/or admin fees after the90 (Ninety) days on the dormant account at a rate that will be determined by Ukheshe from time to time  until such time that the account reaches a zero balance.

21.3.    Subject to the provisions of clause 21.5 below, You may terminate this Agreement at any time through WhatsApp support services (or through written communication to the Ukheshe customer support centre).  

21.4.    It is Your responsibility to ensure you have cashedout or used the balance in your Wallet or Account. Your request to close YourWallet will be treated as You having advised Us of Your intention to terminate this Agreement. This Agreement will be terminated upon Us closing Your Wallet or Account, only if there are no funds in your Wallet or Account. You agree and understand that after Your Wallet or Account has been closed by Us, You will no longer have any access to the Wallet. If there are funds still available, you would need to provide proof of identification as determined by Ukheshe from time to time alternatively reregister, and thereafter request a re-allocation of funds.  

21.5.    You may not cancel Your Wallet or Account if We or Ozow believe in Our reasonable discretion that such cancellation is being performed in an effort to evade an investigation or any liability (criminal or otherwise), or in an effort to avoid paying any amounts otherwise due to Us or any relevant governmental or regulatory authority. In this instance, We and Ozow reserve the right to not act upon Your request.

21.6.    You may also cancel this Agreement without reason and without Us and Ozow imposing a penalty on You within 7 (seven) days of the conclusion of this Agreement by notifying Us or Ozow of the cancellation in writing through the contact information herein under or via the App. If you (orWe/Ozow) cancel this Agreement then you must also discontinue use of theServices and delete all copies of the Software and Confidential Information acquired or made by You in terms of this Agreement.

21.7.    We reserve the right to charge dormancy and/or admin fees on any closed account.

22.         DORMANT WALLET/PROFILE/ACCOUNT

22.1.    Upon the event that your Account/Wallet/Profile is dormant for a consecutive period of 90 (Ninety) days, for whatsoever reason, We reserve the right to charge dormancy and/or admin fees on the dormant account per month until such time that the account reaches a zero balance. Should the account reach a zero balance and remains in a dormant state for more than 90(Ninety) days, we will close the account with immediate effect.

22.2.    You will not be able to transact on a dormant account without providing proof of his identity, and such account will be subject to reactivation.

22.3.    Should You wish to claim any credit balance from a previously closed account (if any after deduction of dormancy and admin fees), You should approach Us or Ozow with original positive identification. Subject to regulations, we will do the necessary to initiate the unclaimed-balance process(should Ukheshe decide to do so), and will endeavour to provide the client with feedback within 48 (Forty-Eight) hours.

22.4.    The client shall not be entitled to claim any interest from the date of closure of the account.

22.5.    Upon the event of your death, the appointed executor of the deceased estate must present the following minimum documentation as determined by Us from time to time to withdraw any remaining funds (minus all charges and admin fees) and close the wallet:

22.5.1.       Death certificate;

22.5.2.       Letters of executorship;

22.5.3.       Proof of identity of executor;

22.5.4.      Proof of residency of executor not older than 3 months.

23.         RECORDS

23.1.    A copy of all Wallet or Account transactions are kept in our digital records.

23.2.    We will keep a record of all the transactions for a period for 5 (Five) years.

23.3.    You may access these transactions by accessing Your transaction history the sending an email request to Ozow and Us.

24.         FEES, CHARGES AND COSTS (will be published online or on the App)

24.1.    The fees chargeable for different transactions using the services may be changed from time to time with no notice.

24.2.    All transaction fees and account maintenance fees will be provided during registration and is also available online or on the App.Fees may change from time to time.

24.3.    You will also be responsible for all standard data costs associated with the download and use of the App and/or the Interface/System.

24.4.    All Services provided to You are executed on theSouth African national payment system and accordingly, once authorised by You, are automatic and cannot be reversed. Once You select Your Service it cannot be reversed, please ensure that all information is correctly inserted and that You make the correct / intended decision in relation to a Service.

24.5.    You will indemnify Us and Ozow against any losses resulting from:

24.5.1.          You failing to pay the relevant costs or fees;

24.5.2.          You providing the wrong recipient/payment information;

24.5.3.          Someone else carrying out a payment instruction without Your permission;

24.5.4.          The recipient of any funds for purposes other than foreseen or intended by You.

25.         LIMITATION OF LIABILITY

25.1.    To the fullest extent permissible by law, under no circumstances whatsoever, including as a result of Our or Ozow’s negligent acts or omissions or those of Our servants or agents or other persons for whom in law We or Ozow may be liable (“Others”) –

25.1.1.       shall We or Ozow, or any Others be liable for any direct, indirect, special, or consequential loss or damages (for instance, loss that is too far removed from or not foreseen by the parties as being connected to this Agreement) howsoever caused (whether arising under contract, delict or otherwise and whether the loss or damage was actually foreseen or reasonably foreseeable), sustained by You, servants or agents, including any loss of profits, loss of revenue, loss of operation time, corruption or loss of information and/or loss of contracts;

25.1.2.       shall We or Ozow be liable for loss of Your data regardless of how such loss is occasioned. You acknowledge that back-up of such data is Your responsibility and can be undertaken easily so as to recover any data which is lost. Accordingly, You indemnify and hold Us and Ozow harmless against any losses, damage and damages incurred by You arising directly or indirectly out of or in connection with the loss of any of Your data.

25.2.    We or Ozow shall not be liable to the client for any damage or loss that the client may suffer as a result of the following:

25.2.1.       any person gaining unauthorised access to any information or data;

25.2.2.       incorrect information being given to any person, including any credit bureau; and

25.2.3.       us or the tenant processing any information incorrectly.

25.3.    To the fullest extent permissible by law (including consumer laws, where applicable) Our, Ozow or any Others’ (in whose favour this constitutes a benefit for a third party) maximum aggregate liability for any direct loss, damage or damages of any kind whatsoever or howsoever caused(whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by You, shall not exceed an amount equivalent to the value held in Your Wallet or Account at the time the cause of action arises.

 

26.         BREACH

26.1.    Should You breach (or should You permit any third party making use of the Services via Your Wallet or Account to engage in conduct that would constitute a breach if performed by You) any provision or term of this Agreement and fail to remedy the breach within 7 (seven) days of receipt of notice requiring You to do so and warning that if it is not so remedied that We may exercise Our and Ozow’s rights in terms of this clause, then We or Ozow shall be entitled without further notice to You, and in addition to any other remedy available toUs or Ozow in law or under this Agreement, to:

26.1.1.       cancel this Agreement; or

26.1.2.       claim specific performance of any obligation whether or not the due date for performance has arrived; or

26.1.3.       deactivate or suspend Your Wallet/Account or access to the Services, in either event without prejudice to Our or Ozow’s right to claim damages.

26.2.    You must cash-out or transfer the funds (if any)within 7 (Seven) days after We or Ozow have taken any of the steps referred to above (other than cancellation of this Agreement and/or restriction, suspension or cancellation of Your Wallet/Account and/or use of the Services as contemplated herein below). Should You not cash-out or transfer the funds, as the case may be, within 7 (Seven) days, then You forfeit the balance in Your Wallet/Account which will be deemed to be closure fee for Ukheshe.

26.3.    Not withstanding anything else to the contrary in thisAgreement, We and Ozow reserve the right to cancel this Agreement and/or restrict, suspend or cancel Your Wallet/Account and/or use of the Service’s where We or Ozow reasonably suspect that Your Wallet/Account has been or is being used in relation to any criminal or otherwise illegal activity.

26.4.    In such event We or Ozow will, unless prohibited from doing so in law, to take reasonable steps to provide You with notice of any decision to cancel this Agreement and/or restrict, suspend or cancel Your Wallet and/or use of the Services. We or Ozow may be prohibited in law from cashing-out the balance of Your Wallet (if any), where We or Ozow have cancelled this Agreement, and/or suspended or cancelled Your Wallet/Account and/or use of the Services in terms of this clause.

26.5.    If a technical problem causes any Services (including access to the Services) to become unavailable, any system outage or any Wallet errors, We or Ozow may temporarily suspend access to the Services until the problem is resolved. In which event We or Ozow will not be held responsible for any losses caused during said down time or system outage.

26.6.    If you breach or otherwise default on any obligations in terms of the Agreement, We or Ozow will give You 7 (Seven) days written notice to remedy the breach. If You fail to comply within 7 (Seven) days, or ifYou are unable to remedy the breach, We or Ozow may either suspend the Service or terminate the Agreement without further notice. Alternatively, We or Ozow may insist on immediate performance and/or payment from You of all obligations or amounts You owe Us under the Agreement, without prejudice to any other legal rights we may have, including the right to claim damages.

26.7.    If You are non-compliant with any Bank rules, act illegally in any manner, do not pay any amount as specified by Us, submit high levels of fraudulent Transactions, breach any Intellectual Property Rights or protection of Personal Information obligations as set out in the Agreement, commit any act of insolvency or effect a compromise or composition with creditors, or if a creditor institutes insolvency proceedings against You, We or Ozow will have the right to suspend the Service and/or terminate the Agreement immediately.

27. MARKETING AGENT

27.1.    Ozow will perform certain marketing services for and of Ukheshe Services and Products, which includes but is not limited to creation and/or placing of branding, research, advertising, marketing, consulting, creative and/or digital services, and front-end technology access to the Ukheshe Services and Products (“Marketing Services”). Ozow will further provide front-end technology access to the Ukheshe Services and Products

27.2.    You hereby authorise Ukheshe to provide Ozow access to Your Accounts, receive, store and process Your Personal Information required to perform the Marketing Services.

28. GOVERNING LAW,JURISDICTION AND LANGUAGE

28.1.    This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law.

28.2.    The parties hereby irrevocably submit to the jurisdiction of the High Court of South Africa (South Gauteng High Court, Johannesburg) (or any successor to that court) in respect of all and any matters arising out of or in connection with this Agreement.

28.3.    This Agreement has been concluded in the English language. In the case of any conflict between the English and any other translation version, the English version shall prevail.

29.         CIRCUMSTANCES BEYOND OUR AND OZOW’S CONTROL

29.1.    We and Ozow shall be under no liability to You in respect of anything which, in the absence of this provision might constitute a breach of this Agreement, arising by reason of circumstances beyond Our or Ozow’s reasonable control, even if We or Ozow should have foreseen the possibility of the occurrence or existence of those circumstances.

29.2.    For the purposes hereof, this includes acts or omissions of any government, government agency, provincial or local or similar authority, civil strife, riots, pandemics, sabotage, insurrection, acts of war or public enemy, illegal strikes, combination of workmen, interruption of transport, lockouts, interruption of essential services from public utilities (including electricity, water and sewerage), prohibition of exports, inability on Our or Ozow’s part due to such circumstances to obtain goods or services from its suppliers (including telecommunications suppliers and Selected Merchants), rationing of supplies, flood, storm, fire or any other circumstances (without limitation) beyond the reasonable control of the party claiming “Force Majeure” (which means unforeseeable circumstances that prevents someone from fulfilling a contract) and comprehended in the term Force Majeure.

30.         WHOLE AGREEMENT, AMENDMENTS AND UPDATES

30.1.    This Agreement constitutes the whole agreement between the parties relating to its subject matter, supersedes all prior or oral or written communications and representations with respect to the Services and the Software, and, prevails over any conflicting or additional terms in any document or other communication between the parties leading up to and during the term of this Agreement.

30.2.    We may amend this Agreement from time to time without prior notice to You. Except where We specifically stated that We will provide You with prior notice in this Agreement.  

30.3.    You should regularly view this page to ensure thatYou are satisfied with any changes. If You are not satisfied with the revisions made, You should stop using the Account or Wallet service immediately.

30.4     To the extent permissible by law, We shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

31.         SEVERABILITY

31.1.    Any provision in this Agreement which is or may become illegal, invalid or unenforceable shall be ineffective to the extent thereof and shall be treated as not written and severed from the balance of this Agreement, without invalidating the remaining provisions.

32.     INTERPRETATION

32.1.    In this Agreement:

32.1.1.       clause headings are for convenience and reference only and shall not be used in interpreting, modifying or amplifying its terms or clauses;

32.1.2.       unless a contrary intention clearly appears, words importing any one gender include the other two, the singular include the plural and vice versa, and, natural persons include created entities (corporate or unincorporate) and the state and vice versa;

32.1.3.       any reference to an enactment is to that enactment as at the date of acceptance of this Agreement and as amended or re-enacted from time to time;

32.1.4.       if a provision in a definition confers rights or imposes obligations on a party, effect shall be given to it as if it was a substantive provision in the body of the Agreement, notwithstanding that it is only in a definition;

32.1.5.       any reference to “days” shall mean business / working days and shall be calculated by including the first day excluding the last day– unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next day which is not a Saturday, Sunday or public holiday;

32.1.6.       its termination shall not affect those terms as expressly provide that they will operate after termination or which of necessity must continue to have effect after termination, notwithstanding that the clauses themselves do not expressly provide for this;

32.1.7.       the rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply, and You agree not to use or rely upon that rule in any proceedings in relation to this Agreement;

32.1.8.       any reference to a party to it shall, if such party is liquidated or sequestrated, be applicable also to and binding on that party’s liquidator or trustee;

32.1.9.       the words “include”, “including” and “in particular”shall be construed as being by way of example or emphasis only and shall not be construed nor take effect as limiting the generality of any preceding words;

32.1.10.    the words “other” and “otherwise” shall not be construed as being of the same kind or nature as any preceding words where a wider construction is possible.

33. CONTACT

33.1.    Should You have any questions or concerns regarding this Agreement, the Interface, or the Services, please consider the information provided at www.ukheshe.com, www.ozow.me or contact support@ozow.com

Lotto 

Lotto, Powerball, andDaily Lotto: Ts & Cs

1. Introduction

1.1.   These terms form an agreement between you (“you/your”)and Ozow (Pty) Ltd (“Ozow”, or “we”).

1.2.  You agree to these terms when you play the National Lottery using Ozow.ME.

1.3.  Please read these terms (and additional terms referred to) carefully. It sets out your and our rights and duties. Some terms may limit liability or involve some risk for you.

1.4.  We may terminate or suspend your use of Ozow.ME or terminate or suspend any Ozow.ME features at any time and in our discretion.

2.  Age Restriction

You must be 18 years and older to play the National Lottery. By playing, you represent and warrant that you are 18 years or older.

3. Updates

Ozow may update these terms from time to time without notice to you. You need to regularly check these terms for updates to ensure that you are aware of changes that may affect your use of Ozow.ME and its features.

4. Additional Terms

These terms apply together with the National Lottery’sRules and Regulations available at www.nationallottery.co.za; Ozow.ME and Pocket Terms and Conditions

5. Ozow.ME Pocket

5.1.   Ozow.ME features a digital wallet known as “Pocket”, allowing you to top up, pay from, and withdraw money.

5.2.  You will use Pocket to purchase yourLotto tickets, provided you have sufficient funds in your Pocket.

5.3.  You can top up your Pocket by transferring money from your linked account. Money transferred to your Pocket is final and cannot be reversed. See Pocket Terms and Conditions.

5.4.   Zero-rated billing may apply. This means that we may carry certain data consumption charged to you when you use Ozow.ME up to a certain capped amount. See Zero-Rated Terms and Conditions.

6. Important Terms Used

6.1.   National Lottery: means the lottery held in the Republic ofSouth Africa under the National Lotteries Act and license awarded to ITHUBA by the Minister of Trade and Industry.

6.2.  Lotto: is a game of chance where the player must select 6 numbers from a field of available numbers. If the 6 numbers selected match the 6 numbers drawn during the Lotto draw the player wins the first division prize.

6.3.  ITHUBA: means Ithuba Holding (RF) Proprietary Limited, registration number 2007/007624/07, or the appointed successor, a private South African company which operates the National Lottery.

7. How to play lotto

7.1.   You will need a positive balance in your Pocket to purchase yourLotto ticket.

7.2.  Always follow instructions on how to play the National Lottery. TheNational Lottery games’ terms and conditions are available at www.nationallottery.co.za .

7.3.  Contact ITHUBA’s toll free helpline 0800 484822 if you don’t understand the rules to play the National Lottery.

7.4.  It is your sole responsibility to verify at the time of purchase that the details of your purchase, including that the price paid, selection(s), number of board(s), draw date(s), and number of draw(s).

7.5.  The results of each draw will be made available on Ozow.ME as soon as practicable after each draw.

7.6.  You can also refer to our Lotto FAQ

8. Purchase Hours

You can purchase Lotto tickets via Ozow.ME during the times prescribed by ITHUBA.

Lotto (PLUS 1  and 2)

Wednesdays and Saturdays - 06:00 to 20:25

Monday, Tuesday, Thursday, and Friday - 06:00 to 23:30

PowerBall and PowerBall Plus

Tuesdays and Fridays - 06:00 to 20:25

Monday, Wednesday, Thursday, Saturday,  Sunday - 06:00 to 23:30

Daily Lotto

Daily (Mondays to Sundays) - 06:00 to 20:25

NO DRAWS ON CHRISTMAS DAY

9. Results

9.1.   The National Lottery determines the jackpots, draws (including the time, frequency, date, and method), and winners. The National Lottery’s decision will be final and binding.

9.2.  The National Lottery may cancel or postpone a draw at any time at its sole discretion.

9.3.  Results will be issued by ITHUBA to the national media and may also be published in other media as ITHUBA may from time to time determine. In the event of any discrepancy in any media or form, the winning numbers shall be those drawn and contained on a video recording of the draw as confirmed/verified by an independent auditor. Neither Ozow nor ITHUBA shall have any obligation to make any payment against an incorrectly published winning number/s.

10. Purchase Limits

10.1.   The following limits apply:

10.1.1. R1 000 purchase limit per day.

10.1.2. R3 000 purchase limit per month.

10.1.3. 10 boards at a time may be played.

11. Results and Payments of Winnings

Less than R 2 001

Upon receipt of instruction  from ITHUBA, Ozow will pay winnings of R2 000 or less into your Pocket within  7 business days of announcement.

R 2 001 to R 49 999.99

All winnings of R 2 001 up to R 49 999.99 will have to be collected from ITHUBA.

Regional office details can be found here: https://www.nationallottery.co.za/contact-us/ithuba-regional-office

ITHUBA toll free helpline number 0800  484 822.

You will need to take along your Identity Document, bank stamped confirmation of bank account and Lotto ticket reference number.

R 50 000 or more

All winnings of R50 000 and higher  will have to be collected directly from ITHUBA.

Regional office details can be found here: https://www.nationallottery.co.za/contact-us/ithuba-regional-office

ITHUBA on their  toll free helpline number 0800 484 822.

You will need to  take along your Identity Document, bank stamped confirmation of bank account  and Lotto ticket reference number.

11.1.   All necessary Know Your Customer requirements must be satisfied (i.e., all the check that we must do to identify our customers and get relevant information and documents before we can do business with you) before winnings are paid.

11.2.  You need to claim your winnings within 365 days of the relevant draw. After this period the winnings will be forfeited and paid back to ITHUBA.

12. Refund and Legal Ticket Holder

Lotto purchases are non-refundable and non-reversible once the purchase is confirmed on Ozow.ME.

The accountholder / Pocket from which the ticket was purchased is the legal owner of the ticket and the associated winnings unless the ticket was purchased fraudulently.

13. Fees

We may charge a transaction fee for purchases of Lotto tickets via Ozow.ME and/or to top up your Pocket. Fees/charges payable by you will be indicated on Ozow.ME.

14. Personal Information

14.1.   We process your personal information in line with applicable laws, including the Protection of Personal Information Act (“POPIA”),and our PrivacyPolicy

14.2.  When using Ozow.ME and purchasing Lotto tickets you agree to Ozow using and/or processing your personal information to provide the service to you.

14.3.  It is your right to refuse to provide your personal information, but this refusal may limit our ability to provide the services to you.

14.4.  We only collect information that is necessary and relevant.

14.5.  We keep your information only for as long as we need it, given the purpose for which it was collected, or as may be required by applicable law.  

14.6.  You will provide Ozow with your personal information including your full name, mobile number, identification number, date of birth, facial recognition data, and email address.

14.7.  At the time of registration, you consent to Ozow processing your personal information for the following purposes:

14.7.1. verifying your identity;  

14.7.2. providing the Ozow.ME products and services to you;  

14.7.3. fraud prevention and detection;  

14.7.4. market research and statistical analysis;  

14.7.5. audit and record keeping purposes;  

14.7.6. to comply with legal and regulatory requirements,

14.7.7. to detect and prevent money laundering;  

14.7.8. sharing with service providers who we engage with to process information on our behalf.

 

14.8.  You consent to Ozow performing certain checks on your personal information to meet our obligations under relevant laws and our internal risk policies. These checks include identity verification with the South African Department of Home Affairs, credit checks and sanction screening for anti-money laundering and know-your-customer purposes. We may request that we obtain additional information and documentation from you to comply with the aforementioned requirements. You agree to provide such information to Ozow when it is requested.

14.9.  We are required to disclose personal information of problem gamblers (i.e., if we suspect that you may have a gambling problem). A ‘problem gambler’ is defined as a customer who spends more than the purchase limits via Ozow.ME.

15. Use of Ozow.ME

15.1.   Your use Ozow.ME and its features is at your own risk.

15.2.  Except as may be required by applicable laws, your account, Ozow.ME, the Pocket, and the features within Ozow.ME is provided to you “as-is” without any warranties.

15.3.  You warrant that you will:

15.3.1.  comply with applicable legislation;

15.3.2. not use Ozow.ME for unlawful purposes;

15.3.3. be responsible for making your own independent appraisal and investigation into the risks of any transaction on Ozow.ME;

15.3.4. not engage in conduct that brings or is likely to bring Ozow’s reputation into disrepute;

15.3.5. provide true and correct information to Ozow;

15.3.6. only receive funds in your South African resident bank account and that you do not utilise any non-resident bank account for purposes of Ozow.ME (this means you have an ordinary bank account with one of the registered banks in South Africa without any limitations or restrictions);

15.3.7. at all times remain the lawful owner of your South African resident bank account; and

not take any action (or omit to take any action) which may directly or indirectly cause Ozow to infringe or misappropriate intellectual property of any third party.

16. Liability and Disclaimer

16.1.   ITHUBA and Ozow are not legally responsible to you or any other person for any loss or damage you or they suffered because you played the National Lottery or because Ozow.ME or any party of the app was not functioning or available to you, or if any information on Ozow.ME was incorrect or unavailable, or if, despite reasonable efforts to contact you, Ozow was unable to communicate to you on your winnings. The term ‘damages’ include any damage or whatsoever nature that may arise and include direct, indirect, incidental, punitive, and consequential damages.

16.2.  To view the National Lotteries Act, No 32 of 2013, please visit http://www.nationallottery.co.za/south-african-lotteries-act/ .

16.3.  Ozow is not liable for instances outside of its, the relevant bank, or any third party provider’s control. These instances include: any actions or inactions that result in a loss of the Ozow.ME service; any inaccuracies in amounts paid as a result of the information provided to Ozow; any events or outages affecting the Ozow.ME service that are outside of the authority, control and/or responsibility of Ozow; any delays in the settlement of transactions; non-settlement of transactions; and/or any force majeure events including, natural disasters, destruction of any equipment, pandemic, boycotts, strikes and lock-outs of all kinds, power outages or work stoppages rendering it illegal, impossible or impractical for Ozow to perform its obligations.

16.4.  Unless we acted fraudulently or with gross negligence Ozow will not be liable for direct, indirect, special, incidental, or consequential loss or damage which you, or any third party, may suffer or incur including the following instances:

16.4.1. suspension or cancellation of your Ozow.ME account or Pocket;

16.4.2. any malfunction or defect in the hardware, software or device used;

16.4.3. non-delivery or delayed notifications;

16.4.4. unlawful or unauthorised access to your account or Pocket by third parties;

16.4.5. technical failures or delays caused by third party service providers or malfunctioning of any system or network which is beyond our control;

16.4.6. cyber-attacks, loss, or corruption of your data; or

16.4.7. where you or a friend fail to give Ozow the correct information for a transaction.

 

16.5 If we are found to be liable our maximum aggregate liability to you will be limited to us paying you the lesser of an amount equal to the total fees you paid to Ozow in the 12 months prior to the incident, or R 1 000.

17. Law and Disputes

17.1.   These terms are governed by the laws of South Africa.

17.2.  Disputes will be submitted to mediation. If mediation fails, we will need to arbitrate the matter in accordance with the rules of theArbitration Foundation of Southern Africa.

17.3.  An award given at arbitration may be made an order of court.

17.4.  You or Ozow may still approach any court of competent jurisdiction for urgent interim relief pending determination of a dispute by arbitration. For this purpose we both consent to the non-exclusive jurisdiction of the Gauteng Local Division of the High Court of South Africa, Johannesburg.

18. Log-in Credentials

18.1.   You must keep your Ozow.ME log-in credentials secure. Do not share it with anyone.

18.2 If you report theft or fraud to Ozow, you permit Ozow to contact the relevant bank or association.You will also be required to contact your bank and lodge a case with the SouthAfrican Police Service in the event of theft or fraud on your Ozow.ME account.

19. Contact Details

Ozow: support@ozow.com.

ITHUBA:  Toll free 0800 ITHUBA (0800 484 822) during the hours of 06:00 – 23:00 Mondays to Saturdays and between 06:00 – 21:00 on Sundays.

Lotto Campaign - Terms and Conditions

1. Introduction

1.1.          Ozow (Pty) Ltd (“Ozow” / “we”/ “our”) is giving you the opportunity to enter the “Ozow Lotto Incentive Campaign” (“Campaign”).

1.2.          If you meet the eligibility requirements outlined below, you will standa chance to receive a R5 Lotto ticket courtesy of Ozow (“Ticket”).

1.3.          These terms and conditions govern your participation in the Campaign.

2.  Campaign Period

2.1.          The Campaign is scheduled to run from 5 December 2023 and will conclude on 28 February 2024 (“End Date”).

2.2.         The duration of the Campaign period specified above may be adjusted, either extended or shortened, at the sole discretion of Ozow.

3.  Eligibility Requirements

3.1.          You will automatically qualify to participate in the Campaign under the following conditions:

3.1.1.you download the Ozow.ME application and successfully fulfil all the requirements for opening for opening your user account and completing the KYC process (“Ozow.ME”);

3.1.2.you make a single, indivisible transaction of R150 or more for Data on Ozow.ME;

3.1.3.you make a single, indivisible transaction of R150 or more for Airtime on Ozow.ME; or

3.1.4.you make a single, indivisible transaction of R150 or more for Lotto tickets on Ozow.ME (always in compliance with responsible gambling practices and our Lotto terms and conditions).

Each of the actions mentioned above is referred to as a “Transaction”.

3.2.          People under 18 years may not participate in the Campaign.

3.3.          Directors, members, shareholders, agents, consultants, or employees of Ozow, or any of suchperson’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling may not participate in the Campaign.

4.  Ticket and Redemption

4.1.          During the Campaign Period, if you meet the eligibility requirements set out above, you may receive one R5 Lotto Ticket per Transaction as an incentive.

4.2.          The Ticket is valid for redemption for the duration of the CampaignPeriod from the time it is allocated to you and can only be used to buy Lotto tickets on Ozow.ME.

4.3.          Upon the availability of the Ticket, you will receive a push notification from us. You will be able to access a clickable banner to redeem your Ticket. Please allow a brief period, typically between 15 to 20 minutes, for the Ticket to be allocated to you and for the notification to be sent. Thispush notification will be received outside of the Ozow.ME app.

4.4.          Ozow reserves the right to revoke the Ticket issued to you as part of the Campaign in the event that you request a refund or reversal of theTransaction.

4.5.          Ozow’s decision on any aspect of the Campaign including the allocation of a Ticket will be final and binding and no correspondence will be entered into with any participant.

5. Personal Information

5.1.          We respect your privacy and take the protection of your personal information (“PI”) (as defined in Protection of Personal Information Act2013 (“POPI")) seriously.

5.2.          The terms and conditions applicable to the processing of PI (can be found in the PAIA manual and privacy policy on www.ozow.com.  

5.3.          By entering the Campaign you confirm that you have agreed to our privacy policy.

6. Indemnification and limitation

6.1.          Ozow will not be responsible, and disclaim all liability, for any loss, liability, injury, expense, or damage (whether direct, indirect, incidental, punitive, or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the Campaign; the acceptance and/or use by of a Ticket; or by any action taken by Ozow in accordance with these terms and conditions.

6.2.          Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by you when entering the Campaign.

6.3.          You and, in the event of your death, your family, dependants, heirs, assignees or any other beneficiaries of your estate, indemnify and hold Ozow harmless against any claim by you (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which you may suffer, howsoever arising, in relation to your participation in the Campaign and/or acceptance and/or use by you of the Ticket.

6.4.         Ozow, its directors, employees, agents, and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any Ticket nor in respect of any warranties, guarantees or undertakings given by any person other than Ozow itself under these terms and conditions.

6.5.          If Ozow is required by law to alter or cancel any aspect of the Campaign or to terminate it as a result of changes in legislation, or for any reason whatsoever, it will have the right to terminate the Campaign, with immediate effect and without notice. In such event all entrants hereby waive any rights which they may have against Ozow and its associated companies, agents, contractors and/or sponsors.

7. General Terms

7.1.          If you fail to comply with any of these terms and conditions, or if Ozow detect any irregularities or fraudulent practices, then, without prejudice to any other remedy that Ozow may have, you will be automatically disqualified and will forfeit your Ticket.

7.2.          Ozow reserve the right to vary, postpone, suspend, or cancel the Campaign, or any aspect thereof, without notice, and for any reason which Ozow deem necessary. In the event of such variation, postponement, suspension, or cancellation, you agree to waive any rights, interests, and expectations that youmay have in terms of the Campaign and acknowledge that you will have no recourseagainst Ozow. 

7.3.          Ozow may change and/or expand on these terms and conditions and will provide reasonable notice of any material changes prior to such change as and when the circumstances permit by updating these terms and conditions. It is your responsibility to check these terms and conditions for any updates.

7.4.          Nothing in these terms is intended to, or must be understood to, unlawfully restrict, limit, or avoid any rights or obligations, as the case maybe, created either for you or Ozow in terms of the Consumer Protection Act, 68of 2008 (“CPA”).

7.5.         All information relating to the Campaign which is published on any marketing material will form part of these terms and conditions. In the event ofany conflict between such marketing material and these terms and conditions, these terms and conditions shall prevail.

7.6.         The Campaign is subject to, and must be read in conjunction with, Ozow’s existing terms and conditions applicable to Ozow.ME, Lotto and VAS products.

7.7.         Ozow reserves the right to suspend or terminate this Campaign at its sole discretion.

Competitions 

“Use Ozow to pay for your Intercape Ticket and stand a chance to Win Cash Back”

Intercape Competition Rules

Read these terms and conditions carefully. These competition rules (“rules”) explain your rights and duties in connection with this competition (“Competition”). If you take part in this Competition and/or accept any prize, these rules will apply to you, and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”) do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by such Entrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Promoter:

This Competition is sponsored and promoted by Ozow Pty Ltd (reg. no. 2013/214663/07) (“Ozow”) and Intercape Ferreira Mainliner (reg. no.: 1994/005758/07) (collectively “the Promoters”) including any person which, directly or indirectly is Controlled, or Controls the Promoters and any directors, officers, employees, agents, and representatives of the Promoters.  

Control”, as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition period

18 March 2023 – 8 April 2023

Prize

 

Stand the chance to win:

  • the value of your Intercape Ticket back in cash, capped at a maximum amount of R10,000 OR you could win 1 of 10 R500 Intercape Vouchers towards your next trip on Intercape.
  • No alternative to the prize will be offered.  
  • The prize is not transferable.
  • Intercape Vouchers can only be used during off-peak times and will be subject to Intercape standard terms and conditions.

Who can enter and how?

Any natural person who is a resident of South Africa may enter this Competition.

To enter, Entrants need to pay for Intercape Tickets with Ozow.

Who cannot enter?

  • People under the age of 18 years. Entrants under the age of 18 must obtain permission from their parents or guardians before entering the Competition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt/possession of a Prize if that Entrant becomes a Winner.
  • Directors, members, shareholders, agents, consultants, or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.
  • The suppliers of any goods or services in respect of the Competition.

How many winners will be chosen?

  • 1 winner will be chosen to win back the cash equivalent of an Intercape Ticket purchased using Ozow, with a maximum cap of R10,000.
  • 10 winners will be selected to win an Intercape Voucher to the value of R500.

General

Entry fees

There are no entry fees to participate in this competition.

Additional fees

The data costs, or any other costs, incurred by an Entrant in the ordinary course of business will apply during the Competition Period.

Is there a limit on the number entries?

Entrants can enter as many times as they like, but there will only be one winner per prize. Entrants are allowed to win once during the Competition Period (i.e. one winner per prize over the Competition Period).

Who may not win a prize?

An Entrant may not win a Prize if it is unlawful for the Promoters to provide such Prize to an Entrant.  

In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of the rules, then, without prejudice to any other remedy which the Promoters may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won a Prize). 

How will winners be chosen and when will they be notified?

The Winner will be determined at random by a computer-generated programme operated by Ozow in terms of which:

  1. 1 winner will be chosen, at the end of the Competition Period to win back the cash equivalent of an Intercape Ticket purchased using Ozow, with a maximum cap of R10,000; and
  1. 10 winners will be selected to win a Intercape Voucher to the value of R500;

The draw will take place at the end of the Competition period, at Ozow’s discretion. The first appearing Entrant/s in the draw for each of (i) and (ii) shall be the Winner/s of the Prizes for the Competition Period. Ozow will further select numerous additional Entrants in order to cater for any forfeiting of Prizes (“Backup Winners”).

  • The determination of the draw made by Ozow will be final and no related correspondence will be entered into.  
  • The Winner will be contacted by Intercape, shortly after the draw.  
  • The Winner shall be required to agree to the Prize and to allow the Promoters to publish the Winner's name on their respective website and various social media platforms, including but not limited to Facebook and Instagram.
  • Intercape will attempt to contact the Winner at least 2 times. If Intercape is unable to contact the Winner, or the Winner declines the Prize or to allow their name to be published by the Promoters, such Winner will forfeit his/her/their prize, and the Promoters reserve the right to award such prize to the next Entrant from the Backup Winners. If such new Winner agrees to accept the Prize and the publishing of their name subject to these rules, that person will be a Winner of a Prize in the Competition.
  • Once a Winner has agreed to the Prize and to the publishing of his/her/their name, the Promoters may announce the name of the Winner on its website and/or various social media platforms, in Ozow’s discretion.
  • The selection and/or announcement of a Winner by Ozow will be done after the end of the Competition Period, at Ozow’s discretion.

How will the prize be claimed?

The logistics involved for the delivery of the Prize to the Winner will be made within one month of the notification of the Winner, by Intercape and/or Ozow, or such other time period that is communicated to the Winner.

Personal information

The terms and conditions applicable to the processing of personal information (“PI”) (as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees that by entering the Competition:  

  1. The promoters may contact you using written, electronic, or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you the Promoters, now or in the future, regarding the Promoters or the use of Ozow’s services or that of Intercape. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;  
  1. You may receive any form of advertising, including by way direct or indirect marketing, electronic marketing, or tele-marketing in relation to Ozow and Intercape, or the use of Ozow’s services and that of Intercape; and  
  1. tThe promoters may process and/or store any of your PI trans-border, specifically, in the case of Ozow, in the Amazon Web cloud hosting Services.  

For further information, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at privacy@ozow.com.

Participation in marketing

The Promoters may invite the Winner to be present when the Winner is announced, to participate in any marketing activities of the Promoters, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by the Promoters, for which no fee, royalty or other compensation will be payable. The Winner may decline this.

Waiver

The Promoters reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which the Promoters deem necessary. In the event of such variation, postponement, suspension, or cancellation, the Promoters agree to waive any rights, interests, and expectations that any Entrant or Winner may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against the Promoters.

Additional information

The Promoters may require the Winner to provide them with additional information and documentation in order to process, confirm and facilitate the Winners’ acceptance and delivery of the Prize. If the Winner refuses to provide the Promoters with the requested information or documentation, the Winner will forfeit their Prize.

Liability

If any Entrant fails to comply with any of these rules, then, without prejudice to any other remedy which the Promoters may have,  

  • such Entrant will be automatically disqualified, and such Entrant will forfeit their Prize (in the event that such Entrant has already won a Prize);  
  • an Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly or indirectly as a result of non-compliance, including all legal costs (including attorney and own client costs) which Ozow may incur in taking any steps pursuant to an Entrant and/or Winner’s non-compliance; and  
  • such Entrants and Winners indemnify and hold Ozow, as applicable, harmless against any claim by any Person, (whether direct, indirect, incidental, punitive, or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to such Entrants’ or Winners’ failure to comply herewith.  

The Promoters decision on any matter concerning the Competition and/or arising out of these rules are final and binding on all Entrants and Winners.  

The Promoters will not be responsible, and disclaim all liability, for any loss, liability, injury, expense, or damage (whether direct, indirect, incidental, punitive, or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by any Entrant’s participation in the Competition; the acceptance and/or use by any Winner of any Prize; or by any action taken by the Promoters in accordance with these rules.

Limitation of liability

Without limitation, the Promoters are not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

The Promoters are not responsible for any injury or damage suffered by an Entrant’s, or any other Person’s, computer, mobile telephone, or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

The Promoters do not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that –

  • an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or
  • a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards, or expectation.

Indemnification

All Entrants, and in the event of an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant may suffer, howsoever arising, in relation to such Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

Applicable law

These rules will be construed, interpreted, and enforced in accordance with the laws of the Republic of South Africa.

Consumer Protection Act, 68 of 2008 (“CPA”)

The Competition is regulated by the CPA and it is not intended that any provision of these rules contravenes any provision of the CPA. Therefore all provisions of these rules must be treated as being qualified by the CPA, if necessary, to ensure that the provisions of the CPA are complied with.

Dispute

If any dispute arises in relation to the Competition and its rules, the decision of the Promoters shall be final and no correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded here:

Download here ↓

“Use Ozow to pay for your FlySafair Ticket and stand a chance to Win Cash Back”

FlySafair Competition Rules

Read these terms and conditions carefully. These competition rules (“rules”)explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you, and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition Details:

This Competition is sponsored and promoted by Ozow Pty Ltd (reg. no. 2013/214663/07) (“Ozow”)  

Reference to “Ozow” includes any person which, directly or indirectly is Controlled, or Controls Ozow and any directors, officers, employees, agents, and representatives of Ozow.

 

Control”, as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition period

27 March 2024 – 15 April 2024

Prize

 

Stand the chance to win:

  • the value of one FlySafair Flight Ticket purchased with Ozow back in cash, capped at a maximum amount of R10,000.
  • No alternative to the prize will be offered.
  • The prize is not transferable.

Who can enter and how?

Any natural person who is a resident of  South Africa may enter this Competition.

To enter, Entrants need to pay for a  FlySafair Flight Ticket with Ozow.

Who cannot enter?

  • People  under the age of 18 years. Entrants under the age of 18 must obtain permission from their  parents or guardians before entering the Competition, who must approve of and  consent to the Entrant’s participation in the Competition and the  receipt/possession of a Prize if that Entrant becomes a Winner.
  • Directors,  members, shareholders, agents, consultants, or employees of Ozow, or any of  such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.
  • The  suppliers of any goods or services in respect of the Competition.  

How many winners will be chosen?

  • 1 winner will be chosen to win back the cash equivalent of one FlySafair Flight Ticket, purchased using Ozow, up to a maximum cap of R10,000.

General

Entry fees

There are no entry fees to participate in  this Competition.

Additional fees

The data costs, or any other  costs, incurred by an Entrant in the ordinary course of business will apply during the Competition Period.

Is there a limit on the number entries?

Entrants can enter as many times as they like, but there will only be one winner. Entrants are allowed to win once during the Competition Period (i.e. one winner over the Competition Period).

Who may not win a prize?

An Entrant may not win a Prize if it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of the rules, then, without prejudice to  any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won a Prize).

How will winners be chosen and when will they be notified?

  • The Winner will be determined at random by a computer-generated programme operated by Ozow interms of which 1 winner will be chosen, at the end of the Competition Period to win back the cash equivalent of oneFlySafair Flight Ticket purchased using Ozow, up to a maximum cap of R10,000.
  • The draw will take place at the end of the Competition period, at Ozow’s discretion. The first appearing Entrant/s in the draw will be the Winner of the Prize for the Competition Period.
  • Ozow will further select numerous additional Entrants in order to cater for any forfeiting of the Prize (“Backup Winners”).
  • The determination of the draw made by Ozow will be final and no related correspondence will be entered into.
  • The Winner will be contacted by FlySafair and/or Ozow, shortly after the draw.
  • The Winner shall be required to agree to the Prize and to allow Ozow to publish the Winner's name on their respective website and various social media platforms, including but not limited to Facebook and Instagram.
  • FlySafair or Ozow will attempt to contact the Winner at least 2 times. If FlySafair or Ozow is unable to contact theWinner, or the Winner declines the Prize or to allow their name to be published by Ozow, such Winner will forfeit his/her/their prize, and Ozow reserves the right to award such prize to the next Entrant from the Backup Winners. If such new Winner agrees to accept the Prize and the publishing of their name subject to these rules, that person will be a Winner of a Prize in the Competition.
  • Once a Winner has agreed to thePrize and to the publishing of his/her/their name, Ozow may announce the name of the Winner on its website and/or various social media platforms, in Ozow’s discretion.
  • The selection and/or announcement of a Winner by Ozow will be done after the end of the CompetitionPeriod, at Ozow’s discretion.

How will the prize be claimed?

The logistics involved for the  delivery of the Prize to the Winner will be made within one month of the notification of the Winner, by FlySafair and/or Ozow, or such other time period that is  communicated to the Winner.

Personal information

The terms and conditions applicable to the processing of personal information (“PI”)(as defined in Protection of Personal Information Act 2013 (“POPI"))by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees that by entering the Competition:

1.      Ozow may contact you using written, electronic, or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you to Ozow, now or in the future, regarding Ozow’s services. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;

2.     you may receive any form of advertising, including by way direct or indirect marketing, electronic marketing, or tele-marketing in relation to Ozow, or the use of Ozow’s services; and

3.     Ozow may process and/or store any of your PI trans-border, specifically in theAmazon Web cloud hosting Services.

For further information, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite the Winner to be present when the Winner is announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winner may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary. In the event of such variation, postponement, suspension, or cancellation, Ozow agrees to waive any rights, interests, and expectations that any Entrant or Winner may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Additional information

Ozow may require the Winner to provide them with additional information and documentation in order to process, confirm and facilitate the Winners’ acceptance and delivery of the Prize. If the Winner refuses to provide Ozow with the requested information or documentation, the Winner will forfeit their Prize.

Liability

If any Entrant fails to comply with any of these rules,then, without prejudice to any other remedy which Ozow may have,

  • such Entrant will be automatically disqualified, and such Entrant will forfeit their Prize (in the event that such Entrant has already won a Prize);
  • an Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly or indirectly as a result of non-compliance, including all legal costs(including attorney and own client costs) which Ozow may incur in taking any steps pursuant to an Entrant and/or Winner’s non-compliance; and
  • such Entrants and Winners indemnify and hold Ozow, as applicable, harmless against any claim by any Person, (whether direct, indirect, incidental, punitive, or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to such Entrants’ or Winners’ failure to comply herewith.

Ozow’s decision on any matter concerning the Competition and/or arising out of these rules are final and binding on all Entrants and Winners. Ozow will not be responsible, and disclaim all liability, for any loss, liability, injury, expense, or damage (whether direct, indirect, incidental, punitive, or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by any Entrant’s participation in the Competition; the acceptance and/or use by any Winner of any Prize; or by any action taken by Ozow in accordance with these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or  technical malfunction of any telephone network or lines, computer on-line  systems, servers, or providers, computer hardware or software failure or  malfunction, traffic congestion (whether physical, or on the Internet,  telephone lines or at any service provider, website or other device or  medium), or any combination thereof, or any other technical or other problems  experienced by an Entrant when entering the Competition.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any other Person’s, computer, mobile telephone, or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that –

  • an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or
  • a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards, or expectation.

Indemnification

All Entrants, and in the event of  an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any  other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless  against any claim by an Entrant (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or  any other cause, relating to any injury, loss, liability, expense and/or  damage which an Entrant may suffer, howsoever arising, in relation to such  Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

Applicable law

These rules will be construed, interpreted, and enforced in accordance with the laws of the Republic of South  Africa.  

Consumer Protection Act, 68 of 2008 (“CPA”)

The Competition is regulated by the CPA and it is not intended that any provision of these rules contravenes any provision of the CPA. Therefore all provisions of these rules must be treated as being qualified by the CPA, if necessary, to ensure that the provisions of the CPA are complied with.

Dispute

If any dispute arises in relation to the Competition and its rules, the decision of the Promoters shall be final and no correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded here:

Download here ↓

“Use Ozow to pay for your Lift Airlines Ticket and stand a chance to Win Cash Back”

Lift Competition Rules

Read these terms and conditions carefully. These competition rules (“rules”)explain your rights and duties in connection with this competition (“Competition”).If you take part in this Competition and/or accept any prize, these rules will apply to you, and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”)do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of a Prize by any Entrant in the event that a Prize is won by suchEntrant (the “Winner”) constitutes a binding offer and acceptance of these rules by Ozow and the Entrant/Winner.

Competition Details:

This Competition is sponsored and promoted by Ozow Pty Ltd (reg. no. 2013/214663/07) (“Ozow”)  

 Reference to “Ozow” includes any person which, directly or indirectly is Controlled, or Controls Ozow and any directors, officers, employees, agents, and representatives of Ozow.

 

Control”,as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition period

27 March 2024 – 15 April 2024

Prize

 

Stand the chance to win:

  • the value of one Lift Flight Ticket purchased with Ozow back in cash, capped at a maximum amount of R10,000.
  • No alternative to the prize will be offered.
  • The prize is not transferable.

Who can enter and how?

Any natural person who is a resident of South Africa may enter this Competition.

To enter, Entrants need to pay for a Lift Flight Ticket with Ozow.

Who cannot enter?

  • People under the age of 18 years. Entrants under the age of 18 must obtain permission from their parents or guardians before entering the Competition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt/possession of a Prize if that Entrant becomes a Winner.
  • Directors, members, shareholders, agents, consultants, or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.
  • The suppliers of any goods or services in respect of the Competition.

How many winners will be chosen?

  • 1 winner will be chosen to win back the cash equivalent of one Lift Flight Ticket, purchased using Ozow, up to a maximum capof R10,000.

General

Entry fees

There are no entry fees to participate in  this Competition.

Additional fees

The data costs, or any other costs, incurred by an Entrant in the ordinary course of business will apply during the Competition Period.

Is there a limit on the number entries?

Entrants can enter as many times as they like, but there will only be one winner. Entrants are allowed to win once during the Competition Period (i.e. one winner over the Competition Period).

Who may not win a prize?

An Entrant may not win a Prize if it is unlawful for Ozow to provide such Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

If any Entrant fails to comply with any of the rules, then, without prejudice to any other remedy which Ozow may have, such Entrant will be automatically disqualified and will forfeit their Prize (if such Entrant has already won aPrize).

How will winners be chosen and when will they be notified?

  • The Winner will be determined at random by a computer-generated programme operated by Ozow in terms of which 1 winner will be chosen, at the end of the Competition Period to win back the cash equivalent of one Lift Flight Ticket purchased using Ozow, up to a maximum cap of R10,000.
  • The draw will take place at the end of the Competition period, at Ozow’s discretion. The first appearing Entrant/s in the draw will be the Winner of the Prize for the Competition Period.
  • Ozow will further select numerous additional Entrants in order to cater for any forfeiting of the Prize (“Backup Winners”).
  • The determination of the draw madeby Ozow will be final and no related correspondence will be entered into.
  • The Winner will be contacted by Lift and/or Ozow, shortly after the draw.
  • The Winner shall be required to agree to the Prize and to allow Ozow to publish the Winner's name on their respective website and various social media platforms, including but not limited to Facebook and Instagram.
  • Lift or Ozow will attempt to contact the Winner at least 2 times. If Lift or Ozow is unable to contact the Winner, or the Winner declines the Prize or to allow their name to be published by Ozow, such Winner will forfeit his/her/their prize, and Ozow reserves the right to award such prize to the next Entrant from the Backup Winners. If such new Winner agrees to accept the Prize and the publishing of their name subject to these rules, that person will be a Winner of a Prize in the Competition.
  • Once a Winner has agreed to the Prize and to the publishing of his/her/their name, Ozow may announce the name of the Winner on its website and/or various social media platforms, in Ozow’s discretion.
  • The selection and/or announcement of a Winner by Ozow will be done after the end of the Competition Period, at Ozow’s discretion.

How will the prize be claimed?

The logistics involved for the delivery of the Prize to the Winner will be made within one month of the notification of the Winner, by Lift and/or Ozow, or such other time period that is communicated to the Winner.

Personal information

The terms and conditions applicable to the processing of personal information (“PI”)(as defined in Protection of Personal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy on www.ozow.com. For the avoidance of doubt, all Entrants confirm that they have agreed to the privacy policy, which is made available when making a purchase using Ozow.

Marketing

The Entrant expressly consents and agrees that by entering the Competition:

  1. Ozow may contact you using written, electronic, or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you to Ozow, now or in the future, regarding Ozow’s services. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;
  2. you may receive any form of advertising, including by way direct or indirect marketing, electronic marketing, or tele-marketing in relation to Ozow, or the use of Ozow’s services; and
  3. Ozow may process and/or store any of your PI trans-border, specifically in the Amazon Web cloud hosting Services.

For further information, or should you wish to opt out of any form of direct or indirect marketing mentioned above, please contact our information officer at privacy@ozow.com.

Participation in marketing

Ozow may invite the Winner to be present when the Winner is announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winner may decline this.

Waiver

Ozow reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, and for any reason which Ozow deems necessary. In the event of such variation, postponement, suspension, or cancellation, Ozow agrees to waive any rights, interests, and expectations that any Entrant or Winner may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against Ozow.

Additional information

Ozow may require the Winner to provide them with additional information and documentation in order to process, confirm and facilitate the Winners’ acceptance and delivery of the Prize. If the Winner refuses to provide Ozow with the requested information or documentation, the Winner will forfeit their Prize.

Liability

If any Entrant fails to comply with any of these rules, then, without prejudice to any other remedy which Ozow may have,

  • suchEntrant will be automatically disqualified, and such Entrant will forfeit their Prize (in the event that such Entrant has already won a Prize);
  • an Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly or indirectly as a result of non-compliance, including all legal costs (including attorney and own client costs) which Ozow may incur in taking any steps pursuant to an Entrant and/or Winner’s non-compliance; and
  • such Entrants and Winners indemnify and hold Ozow, as applicable, harmless against any claim by any Person, (whether direct, indirect, incidental, punitive, or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to such Entrants’ or Winners’ failure to comply herewith.

Ozow’s decision on any matter concerning the Competition and/or arising out of these rules are final and binding on allEntrants and Winners.

Ozow will not be responsible, and disclaim all liability, for any loss, liability, injury, expense, or damage (whether direct, indirect, incidental, punitive, or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by any Entrant’s participation in the Competition; the acceptance and/or use by any Winner of any Prize; or by any action taken by Ozow in accordance with these rules.

Limitation of liability

Without limitation, Ozow is not responsible for, and is in no way liable in relation to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on theInternet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

Disclaimer

Ozow is not responsible for any injury or damage suffered by an Entrant’s, or any other Person’s, computer, mobile telephone, or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that –

  • an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or
  • a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards, or expectation.

Indemnification

AllEntrants, and in the event of an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any other beneficiaries of an Entrant’s estate, indemnify and hold Ozow harmless against any claim by an Entrant (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant may suffer, howsoever arising, in relation to such Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

Applicable law

These rules will be construed, interpreted,  and enforced in accordance with the laws of the Republic of South Africa.   

Consumer Protection Act, 68 of 2008 (“CPA”)

The Competition is regulated by the CPA and it is not intended that any provision of these rules contravenes any provision of the CPA. Therefore all provisions of these rules must be treated as being qualified by the CPA, if necessary, to ensure that the provisions of the CPA are complied with.

Dispute

If any dispute arises in relation to the Competition and its rules, the decision of Ozow shall be final and no correspondence shall be entered into.

Rules

A copy of these rules is available at no cost to the Entrants and can be downloaded here:

Download here ↓