Terms & Conditions
FAQ’s
Personal Information
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: 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.
Pre-Valentines’ Takealot Voucher Competition “Share the love with Ozow this year and stand a chance to win R1000 with Takealot”
COMPETITION RULES
Share the love with Ozow this year and stand a chance to win R1000 with Takealot
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.
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 director cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.
Competition Period
14 February 2023 – 17 February 2023
Ozow shall at its discretion choose the start and end times on each relevant day.
Prize
· A Takealot.com voucher to the value of R1,000.
· The voucher is valid for 3 years.
· Takealot T&Cs attached to theVoucher can be viewed here: https://www.takealot.com/help/promotional-codes-tcs.
The Prize may not be deferred, changed, or exchanged for any other item or for cash.
Who can enter and how?
Any natural person who is a resident of South Africa may enter this Competition.
How many winners will be chosen?
One (1) winner will be chosen, at the end of the Competition Period.
GENERAL
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.
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?
Entries to this Competition are limited to one per Entrant.
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 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 one (1) winner will be drawn (“draw”) for the entire Competition Period. Such a draw will take place at the end of theCompetition period, at Ozow’s discretion. The first appearing Entrant in the draw shall be the Winner of the Prize. Ozow will further select numerous additional Entrants in order to cater for any forfeiting of Prizes (“BackupWinners”).
The determination of the draw made by Ozow will be final and no related correspondence will be entered into.
The Winner will be notified of their winnings by Ozow via a public social media post by Ozow, shortly after the draw.
By Entering, the Entrant agrees to their name and/or Twitter handle being published on Ozow’s website and various social media platforms, including but not limited to Twitter, Facebook and Instagram, in the event they are a Winner.
Ozow will attempt to contact the Winner at least twice to provide the Prize. If Ozow is unable to contact the Winner, or the Winner declines the Prize, 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.
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 (as the case may be) to the Winner will be made within one (1) month of the notification of the Winner, by 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 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 they 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 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 Entrants 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 the 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 theirPrize (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
· suchEntrants 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 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 in printable form below.
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.
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 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:
- 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;
- 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;
- 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
PreValentines’ Takealot Voucher Competition“ Share the love with Ozow this year and stand a chance to win R1000 with Takealot”
COMPETITION RULES
Pre-Valentines’Takealot Voucher Competition
“Share the love with Ozow this year and stand a chance to win R1000 with Takealot”
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.
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 director cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.
Competition Period
14 February 2023 – 17 February 2023
Ozow shall at its discretion choose the start and end times on each relevant day
Prize
· A Takealot.com voucher to the value of R1,000.
· The voucher is valid for 3 years.
· Takealot T&Cs attached to the Voucher can be viewed here: https://www.takealot.com/help/promotional-codes-tcs.
· The Prize may not be deferred, changed, or exchanged for any other item or for cash.
Who can enter ?
Any natural person who is a resident of South Africa may enter this Competition.
How many winners will be chosen?
One (1) winner will be chosen, at the end of the Competition Period.
GENERAL
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.
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.
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 in terms of which one winner will be drawn from the eligible Entrants that followed all the steps under “How to Enter” (“draw”). The draw will take place at the end of the Competition period, at Ozow’s discretion. The first appearing Entrant in the draw shall 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 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 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 the Winner at least 2 times. If 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 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 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. youmay receive any form of advertising, including by way direct or indirectmarketing, electronic marketing or tele-marketing in relation to Ozow, or theuse of Ozow’s services; and
3. Ozowmay 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 Ozow 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 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.
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 in printable form below.
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.
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/).