Terms & Conditions

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Personal Information

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

Privacy Policy

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

1. WHO ARE WE?

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

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

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

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

2. WHY DO WE HAVE A PRIVACY POLICY?

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

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

You should not be using our Payment System if:

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

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

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

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

Currently, we collect the following information:

As a merchant or customer:

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

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

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

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

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

As a customer:

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

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

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

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

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

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

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

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

4. WHO WILL WE SHARE YOUR INFORMATION WITH?

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

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

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

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

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

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

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

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

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

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

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

6. HOW DO WE ENSURE THE SECURITY OF INFORMATION?

We are committed to implementing leading data security safeguards.

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

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

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

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

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

7. YOUR RIGHTS REGARDING THE INFORMATION THAT WE PROCESS

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

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

Email: privacy@ozow.com; orMail:

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

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

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

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

8. COOKIES

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

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

9. LINKS TO OTHER WEBSITES

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

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

10. COMPLIANCE AND ENFORCEMENT OF THIS PRIVACY POLICY

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

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

11. GOVERNING LAW

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

12. HOW TO LODGE A COMPLAINT WITH THE INFORMATION REGULATOR

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

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

Zero-Rated Terms and Conditions

1. Introduction

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

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

1.2.1. MTN;

1.2.2. Vodacom;

1.2.3. Cell C; and

1.2.4. Telkom.

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

2. Consent

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.6. Objections to transfer of Personal Information:

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

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

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

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

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

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

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

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

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

4. MTN terms and conditions

4.1. ZR Billing is only:

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

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

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

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

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

5. Vodacom terms and conditions

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

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

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

6. Telkom terms and conditions

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

7. Cell C terms and conditions

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

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

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

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

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

Ozow ME: Consumer Terms and Conditions

1. Introduction

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

2. Limits on transactions

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

R10,000 per day;

orR30,000 per month.

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

3. Warranties

As a user of Ozow ME, you warrant that:

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

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

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

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

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

4. Liability

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

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

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

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

non-settlement of transaction funds.

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

5. Indemnity

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

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

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

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

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

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

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

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

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

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

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

7. Dispute Resolution

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

Ozow Ts & Cs

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

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.

Ozow Brand Perception Competition

COMPETITION RULES


Complete the Ozow Brand Perception survey and you could win a R1000 Takealot.com voucher

Read these terms and conditions carefully. These competition rules (“rules”) explain your rights and duties in connection with this competition (“Competition”). If you take part in this Competition and/or accept any prize, these rules will apply to you and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”) do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of aPrize 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”). Any reference to Ozow includes any person which, directly or indirectly is Controlled by Ozow, orControls 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

13 June 2022 to 22 June 2022

Prize

Takealot voucher to the value of R1,000.
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 South Africa may enter this Competition.
To enter, Entrants will need to complete the Ozow Brand Participation Survey. 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?

Five (5) Winners in total for the duration of the Competition Period.
Each Winner will only be eligible to receive 1 Prize during the Competition Period.

GENERAL

Who cannot enter?

People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of 18 must obtain permission from their parents or guardians before entering theCompetition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt / possession of a Prize if that Entrant becomes a Winner. Directors, members, shareholders, agents, consultants or employees of Ozow, or any such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child or sibling.

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?

Only one entry per person will be considered. If done on multiple devices only the first entry will be considered.

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 Winners will be determined at random by a computer-generated programme operated by Ozow in terms of which numerous Entrants will be drawn (“draw”) for the entire Competition Period. Such a draw will take place at the end of the Competition Period, at Ozow’s discretion. Ozow will further select numerous additional Entrants in order to cater for any forfeiting of Prizes (“Backup Winners”).

The determination of the draw made by Ozow will be final and no related correspondence will be entered into. Each Winner will be 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 aWinner 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 BackupWinners. 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 the Winners by Ozow will be done after the end of theCompetition Period, at Ozow’s discretion.

How will the prize be claimed?

The logistics involved for the delivery or collection of the Takealot voucher (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 inProtection 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;
  3. Ozow may process and/or store any of your PI trans-border, specifically in the Amazon Webcloud 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 anyWinner 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 here with.
  • 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.

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

Download Rules

Ozow Swag Competition

COMPETITION RULES


Give the correct answer to the riddle or question and you could win a Ozow Swag Pack!

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

Competition Period

30 June to 1 July 2022 Ozow shall at its discretion choose the start and end times on each relevant day.

Prize

An “Ozow Swag” pack, which consists of two shirts, one jacket, a water bottle, a notepad and a cap.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.

To enter, Entrants will need to post a correct answer (or answers in the event of multiple questions) to the relevant riddle or question posed by Ozow on its social media platforms (which may include, but is not limited to, Facebook and Instagram)

It is the responsibility of all Entrants to ensure that their entry is received by Ozow prior to the end of theCompetition 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?

Only one (1) winner will be awarded the “Ozow Swag” pack, at the end of the Competition Period.

GENERAL

Who cannot enter?

  • People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of18 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 theCompetition 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 anEntrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

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

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

The Winners will be determined at random by a computer-generated programme operated by Ozow in terms of which 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 (“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 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 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 aWinner 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 toFacebook and Instagram.

The selection and/or announcement of a Winner (or Winners) 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 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 ofPersonal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy onwww.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 anyEntrants 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 each Winner to provide Ozow with additional information and documentation in order to process, confirm and facilitate each Winners’ acceptance and delivery of their Prize. If any Winner refuses to provide Ozow with the requested information or documentation, such Winner will forfeit their Prize.

Liability

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

  • such Entrant will be automatically disqualified, and such Entrant will forfeit their Prize (in the event that suchEntrant 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 intaking 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 allEntrants and Winners.
  • Ozow will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by any Entrant’s participation in the Competition; the acceptance and/or use by any Winner of anyPrize; 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.

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

Download Rules

Ozow ME: Merchant Ts & Cs

1. Introduction

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

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

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

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

2.  Warranties

As a user of OZOW ME, you warrant that:

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

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

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

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

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

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

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

Ozow Ts & Cs

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

1. WHY DO WE HAVE THESE WEBSITE TERMS?

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

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

2. YOUR AGREEMENT WITH OZOW

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

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

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

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

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

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

3. ACCESS TO OUR WEBSITE

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

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

4. ACCURACY OF CONTENT

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

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

5. HOW TO USE OUR WEBSITE OR OUR SERVICES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5.2.13 to make excessive traffic demands;

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

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

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

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

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

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

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

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

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

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

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

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

6. YOUR USE OF PUBLIC FORUMS

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

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

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

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

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

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

7. YOUR USE OF THIRD PARTY WEBSITES

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

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

8. PROMOTIONAL COMPETITIONS OR OFFERS

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

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

9. INTELLECTUAL PROPERTY RIGHTS

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

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

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

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

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

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

10. INDEMNITY

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

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

10.1.2 your breach of any of these Website Terms;

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

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

11. LIMITATION OF LIABILITY

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

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

12. EXCLUSION OF WARRANTIES AND REPRESENTATIONS

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

13. GENERAL TERMS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

· Physical Address for legal notices: 30 Melrose Boulevard, Mezzanine Level Office MO213, Melrose Arch, 2196.· Website: www.ozow.com.· Official email address: info@ozow.com.

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

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

URC Championship Competition


COMPETITION RULES

Interact on Ozow’s Facebook Page and you could win United Rugby Championship Final Tickets

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

Competition details

This Competition is sponsored and promoted by Ozow Proprietary Limited (reg. no. 2013/214663/07) (“Ozow”). Any reference to Ozow includes any person which, directly or indirectly isControlled by Ozow, or Controls Ozow and any directors, officers, employees, agents and representatives of Ozow. “Control”, as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

Competition Period

17 June  2022 to 08h00, 18 June 2022

Prize

Two tickets to the United Rugby Championship Final between the Stormers and the  Bulls on 18 June 2022, at the Cape Town Stadium. The Prize may not be deferred, changed or exchanged for any other item or for  cash and is subject to any terms, conditions and/or limitations contained in  such voucher.

Who can enter and how?

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

To enter, Entrants will need to “like” and/or “follow” Ozow’s Facebook page, tag the person who would accompany the Entrant for purposes of the Prize on the relevant marketing post advertised as such by Ozow, and follow any other instructions on Ozow’s relevant marketing post (including completing their details on a separate landing page to which Ozow may redirect the Entrant).

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

How many winners will be chosen?

1  Winner.

GENERAL

Who cannot enter?

  • People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of 18 must obtain permission from their parents or guardians before entering theCompetition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt / possession of a Prize if that Entrant becomes a Winner.
  • Directors, members, shareholders, agents, consultants or employees of Ozow, or any of such person’s spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling.
  • The suppliers of any goods or services in respect of the Competition.

Entry fees

There are no entry fees to participate in this Competition.

Additional fees

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

Is there a limit on the number entries?

There is no limit on the number of entries in this Competition.

Who may not win a prize?

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

Circumstances for disqualification

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

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

The  Winners will be determined at random by a computer-generated programme  operated by Ozow in terms of which numerous Entrants will be drawn (“draw”)  for the entire Competition Period.

Ozow  will further select numerous additional Entrants in order to cater for any  forfeiting of Prizes

(“Backup Winners”).

The  draw will take place at approximately 09h00 on 18 June 2022.

The  determination of the draw made by Ozow will be final and no related  correspondence will be entered into.

A  Winner will be notified of their winnings by Ozow, shortly after the draw.

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

Ozow  will attempt to contact each Winner at least 2 times. If Ozow is unable to  contact a Winner, or a Winner declines the Prize or to allow their name to be  published by Ozow, such Winner will forfeit his/her/their prize, and Ozow reserve  the right to award such prize to the next Entrant from the Backup Winners.

If  such new Winner agrees to accept the Prize and the publishing of their name  subject to these rules, they will be a Winner of a Prize in the Competition.

Once  a Winner has agreed to the Prize and to the publishing of his/her/their name,  Ozow may announce the name of the Winner on its website and/or various social  media platforms, at their selection, including but not limited to Facebook  and Instagram.

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

If Ozow is unable to successfully contact a Winner or two Backup Winners (or  such winners decline or forfeit the Prize for any reason) – it reserves the  right to not draw or select any further winners, at its discretion.

How will the prize be claimed?

The  logistics involved for the delivery or payment of the Prize (as the case may  be) to Winners will be made on 18 June 2022, by Ozow, or such other time  period that is communicated to the Winners.

Personal information

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

Marketing

The Entrant expressly consents and agrees that by entering theCompetition:

  1. Ozow may contact you using written, electronic or verbal mediums, as regulated by applicable law, using any e-mail address or telephone number provided by or made available by you to Ozow, now or in the future, regarding Ozow or the use of Ozow’s services. This consent includes, but is not limited to, contact by manual calling method, pre-recorded or artificial voice messages, text messages, emails, automatic telephone dialling systems, and/or contract by way of social media platforms;
  2. You may receive any form of advertising, including by way direct or indirect marketing, electronic marketing or tele-marketing in relation to Ozow, or the use of Ozow’s services;
  3. Ozow may process and/or store any of your PI trans-border, specifically in the Amazon Web cloud hosting Services.

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

Participation in marketing

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

Waiver

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

Additional information

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

Ozow is further not responsible or liable in the event that the Winner is obliged, and fails to or is unable to, comply with any third party terms and conditions related to the utilisation of the Prize by the Winner.

Liability

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

  • such Entrant will be automatically disqualified, and such Entrant will forfeit their Prize (in the event that such Entrant has already won a Prize);
  • an Entrant and/or Winner will pay Ozow for any loss or damage incurred by Ozow directly or indirectly as a result of non-compliance, including all legal costs(including attorney and own client costs) which Ozow may incur in taking any steps pursuant to an Entrant and/or Winner’s non-compliance; and
  • such Entrants and Winners indemnify and hold Ozow, as applicable, harmless against any claim by any Person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to such Entrants’ or Winners’ failure to comply herewith.

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

Limitation of liability

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

Disclaimer

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

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

  • an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or
  • a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, anEntrant’s partner’s, requirements, preferences, standards or expectation.

Indemnification

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

Applicable law

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

ConsumerProtection Act, 68 of2008 (“CPA”)

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

Dispute

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

Rules

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

Ozow Brand Perception Competition

Ozow Brand Perception Competition

COMPETITION RULES


Complete the Ozow Brand Perception survey and you could win a R1000 Takealot.com voucher

Read these terms and conditions carefully. These competition rules (“rules”) explain your rights and duties in connection with this competition (“Competition”). If you take part in this Competition and/or accept any prize, these rules will apply to you and you agree that it can be assumed that you have read and agreed to be legally bound by these rules. All natural persons entering this Competition (“Entrants”) do so at their own risk. The entry of any Entrant into the Competition and/or acceptance of aPrize 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”). Any reference to Ozow includes any person which, directly or indirectly is Controlled by Ozow, orControls 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

13 June 2022 to 20 June 2022

Prize

Takealot voucher to the value of R1,000.
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 South Africa may enter this Competition.
To enter, Entrants will need to complete the Ozow Brand Participation Survey. 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?

Five (5) Winners in total for the duration of the Competition Period.
Each Winner will only be eligible to receive 1 Prize during the Competition Period.

GENERAL

Who cannot enter?

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

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?

Only one entry per person will be considered. If done on multiple devices only the first entry will be considered.

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 Winners will be determined at random by a computer-generated programme operated by Ozow in terms of which numerous Entrants will be drawn (“draw”) for the entire Competition Period. Such a draw will take place at the end of the Competition Period, at Ozow’s discretion. Ozow will further select numerous additional Entrants in order to cater for any forfeiting of Prizes (“Backup Winners”).

The determination of the draw made by Ozow will be final and no related correspondence will be entered into. Each Winner will be 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 aWinner 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 BackupWinners. 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 the Winners by Ozow will be done after the end of theCompetition Period, at Ozow’s discretion.

How will the prize be claimed?

The logistics involved for the delivery or collection of the Takealot voucher (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 inProtection 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;
  3. Ozow may process and/or store any of your PI trans-border, specifically in the Amazon Webcloud 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 anyWinner 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 here with.
  • 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.

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 Swag Competition

COMPETITION RULES


Give the correct answer to the riddle or question and you could win a Ozow Swag Pack!

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

Competition Period

30 June to 1 July 2022 Ozow shall at its discretion choose the start and end times on each relevant day.

Prize

An “Ozow Swag” pack, which consists of two shirts, one jacket, a water bottle, a notepad and a cap.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.

To enter, Entrants will need to post a correct answer (or answers in the event of multiple questions) to the relevant riddle or question posed by Ozow on its social media platforms (which may include, but is not limited to, Facebook and Instagram)

It is the responsibility of all Entrants to ensure that their entry is received by Ozow prior to the end of theCompetition 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?

Only one (1) winner will be awarded the “Ozow Swag” pack, at the end of the Competition Period.

GENERAL

Who cannot enter?

  • People under the age of 18 years (unless parental or guardian consent is obtained). Entrants under the age of18 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 theCompetition 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 anEntrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant will forfeit the Prize.

Circumstances for disqualification

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

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

The Winners will be determined at random by a computer-generated programme operated by Ozow in terms of which 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 (“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 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 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 aWinner 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 toFacebook and Instagram.

The selection and/or announcement of a Winner (or Winners) 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 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 ofPersonal Information Act 2013 (“POPI")) by Ozow can be found in the PAIA manual and privacy policy onwww.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 anyEntrants 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 each Winner to provide Ozow with additional information and documentation in order to process, confirm and facilitate each Winners’ acceptance and delivery of their Prize. If any Winner refuses to provide Ozow with the requested information or documentation, such Winner will forfeit their Prize.

Liability

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

  • such Entrant will be automatically disqualified, and such Entrant will forfeit their Prize (in the event that suchEntrant 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 intaking 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 allEntrants and Winners.
  • Ozow will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by any Entrant’s participation in the Competition; the acceptance and/or use by any Winner of anyPrize; 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.

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 ME Ts & Cs

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/orinaccurate 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/).