Website and App Terms and Conditions of Use

1. Introduction

1.1Welcome to the Ekash Pty Ltd website ekashgroup.co.za. The website is owned by Ekash Proprietary Limited and is located within the Republic of South Africa.

1.2These terms and conditions regulate your use of our website, and our other Ekash Group mobile and web applications (together with the website, collectively referred to as the "Apps").

1.3By accessing and using our Apps, you ("User") agree to be bound by these Terms and Conditions of Use ("Terms"). Users who do not wish to be bound by these Terms may not access, display, use, download, copy or distribute any of the content of our Apps.

1.4Additional terms may also apply for specific products or services made available by Ekash Group. If there is a conflict between these Terms and the specific terms, the specific terms will apply.

2. Usage and Copyright

2.1Users agree that their use of our Apps is for lawful purposes only. Users agree that they will not use our Apps for any unlawful purpose, including committing a criminal offence, gaining unauthorized access to other computer systems, or transmitting unlawful material.

2.2Ekash Group retains copyright in our Apps and all current and future content displayed on our Apps which is not owned by third parties. All our intellectual property is ours and you agree that all right, title and interest in, and to, any of our intellectual property (in its widest possible, legal and commercial definition(s)) viewable and accessible from our Apps is proprietary to us. You also agree not to reverse engineer our App for any purpose whatsoever.

2.3Users may view, copy, download to a local drive, print and distribute the content of our Apps, or any part thereof, only for non-commercial informational or reference purposes.

3. Disclaimer and Exclusion of Liability

3.1The use of the content of our Apps is at the User's own risk. The User assumes full responsibility and risk of loss resulting from the use of the content of our Apps. Ekash Group, or any of the legal entities in respect of which information is contained on our Apps, or employees of Ekash Group or such entity, will not be liable for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of information contained herein or any interruption, malfunction, downtime, off-line situation or other failure of our Apps or services, our systems, databases or any of its components.

3.2Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002) ("ECTA"), Ekash Group shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use our Apps or the services or content provided from and through our Apps.

3.3Our Apps are provided 'as is'. Ekash Group makes no representations or warranties, implied or otherwise, that the content and technology available from our Apps are free from errors or omissions, that the service will be uninterrupted and error-free, or will meet any particular criteria of performance or quality.

3.4It is the sole responsibility of the User to satisfy itself, prior to accessing our Apps, that our Apps will meet the User's individual requirements and be compatible with the User's hardware and/or software.

3.5Certain links in our Apps lead to resources maintained by third parties over whom Ekash Group has no control. Ekash Group makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources.

3.6You indemnify and hold us harmless against all and any loss, liability, actions, suits, proceedings, costs, demands and damages of all and every kind (including direct and indirect), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the above, whether due to negligence or not.

3.7Nothing in these Terms limits or excludes any liability which cannot legally be excluded under South African law, including under the Consumer Protection Act, Act 68 of 2008.

3.8No content on our Apps constitutes financial, investment, or professional advice.

4. Privacy

Personal Information

4.1Ekash Group respects the privacy of all visitors to our Apps. Ekash Group processes personal information in accordance with the Protection of Personal Information Act, Act 4 of 2013. Users have the right to access, correct or request deletion of personal information in accordance with our Privacy Notice.

4.2Please note that our Apps may contain links to other third party websites which are not governed by these Terms or our Privacy Notice. When you access and use these third party websites, applications, products, services or businesses, you do so solely at your own risk.

Cookies

4.3Ekash Group uses cookies, which are small text files sent by a web server to store on a web browser, on its websites to enhance functionality, improve user experience and support secure and efficient service delivery.

4.4For more detailed information about the cookies we use and how to manage them, please refer to the Cookie Notice available on our website.

5. Security

5.1 Protection

5.1.1Ekash Group has in place reasonable commercial standards of technology and operational security to protect all information provided by Users from loss, misuse, alteration or destruction. All reasonable steps will be taken to secure a User's information, including any sensitive data submitted.

5.1.2It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any page on our Apps, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to our Apps.

5.1.3If a person, business or entity delivers or attempts to deliver any unauthorised, damaging or malicious code to our Apps, or attempts to gain unauthorised access to any page on our Apps, civil damages may be claimable against that person, business or entity.

5.1.4Ekash Group does not guarantee that our Apps are free from viruses or harmful components.

5.2 External Links and Advertising

5.2.1Where our Apps provide links to other websites, this should not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information provided by the external link is done so at the User's own risk.

5.2.2Wherever third-party advertising or promotional material is displayed on our Apps, this should not be construed as Ekash Group endorsing or creating any relationship between Ekash Group and that third party. Reliance on any such material is entirely at your own risk.

5.3 Linking

5.3.1Any third party wishing to link to our Apps from their website must obtain prior written permission from Ekash Group.

6. Updating of these Terms and Conditions of Use

6.1Ekash Group reserves the right to change, modify, add to or remove portions or the whole of our Apps, or to change or add to any of these Terms from time to time, at our discretion, and those changes will apply immediately when they are made.

6.2Changes or updates to our Apps or to these Terms will be posted to our website.

6.3It is the User's obligation to periodically check these Terms on our website for changes or updates.

6.4The User's continued use of our Apps following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by the Terms or Apps, including such changes or updates.

7. Information

Unsolicited Information

7.1If the User posts unsolicited content or other information to our Apps, then the User grants to the owners and to Ekash Group a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media.

7.2The User grants to Ekash Group the right to use the name that the User submits in connection with such information, if they choose.

7.3The User warrants that:

7.3.1the User owns or otherwise controls all of the rights to the information that the User posts;

7.3.2the information is accurate;

7.3.3by the supply of the information to Ekash Group and/or the owners, the User does not violate this policy and does not infringe the rights of any person or entity; and

7.3.4the User indemnifies Ekash Group for all claims resulting from the receipt by Ekash Group and/or the owners of the information the User supplies to it.

7.4Ekash Group reserves the right, without any obligation, to monitor and edit or remove any information posted on its Apps.

7.5Ekash Group takes no responsibility and assumes no liability for any information posted by the User, any third party or the owners.

Usernames, Login Details, Passwords

7.6Our Apps make use of login functionality and you are required to create your own account, usernames and passwords, and you will be solely responsible for the safekeeping of those details, usernames and passwords.

8. Interception

8.1Subject to the Regulation of Interception of Communications Act 70 of 2002 ("RICA"), the User agrees that Ekash Group may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to Ekash Group, its employees, directors and agents.

8.2The User agrees that its/his/her consent satisfies the requirements of ECTA and RICA for consent in "writing" as defined.

9. Severability

9.1These Terms constitute the entire professional or other relationship between Ekash Group and the User of our Apps.

9.2Any failure by Ekash Group to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.

9.3If any term or condition of the use of our Apps is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining Terms. The remaining Terms shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

10. Jurisdiction

10.1Our Apps are owned and operated within the Republic of South Africa; therefore, these Terms are governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the High Court in the event of any dispute.

11. ECTA Disclosure

Legal disclosure in terms of section 43 of ECTA:

12. Enquiries

If you have any queries about our Apps please email info@ekashgroup.co.za.