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I agree that I shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through Mobux website, except that which I may download for my own personal, non-commercial use.

I agree that I will not use Mobux website for any purpose that is unlawful, or prohibited by these Website Usage Terms. I also agree I will not use Mobux website in any manner that could damage, disable or impair the website or interfere with any other party's use or enjoyment of the website.

I understand and accept that all information submitted by me through the Mobux website shall be deemed the property of Mobux, and Mobux shall be free to use any ideas, concepts, know-how or techniques provided by me at the Site, in any manner whatsoever. On initiating a contact through Mobux website I agree to being contacted by Mobux or any other entities with whom Mobux has entered into an arrangement.

I am aware and accept that all information, content, materials, products (including, but not limited to text, content, photographs, graphics, video and audio content) on the website is protected by copyright in the favour of Mobux under applicable copyright laws and is also protected otherwise under general intellectual property law.

I acknowledge that the software and hardware underlying Mobux Website as well as other Internet related software which are required for accessing the website are the legal property of the respective Vendors/Bank. The permission given by Mobux to access Mobux website will not convey any proprietary or ownership rights in the above software / hardware. I agree that I shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software / hardware underlying Mobux website or create any derivative product based on the software / hardware.

I understand and accept that Mobux is not responsible for the availability of content or other services on third party sites linked from Mobux website. I am aware that my access of hyperlinks to other internet sites are at my own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Mobux in any way. Mobux does not make any warranties, and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third party websites.

Mobux shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of Mobux to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues.

I understand and accept that not all the products and services offered on this website are available in all geographic areas and I may not be eligible for all the products or services offered by Mobux on the Site. Mobux reserves the right to determine the availability and eligibility for any product or service.

I am aware that Mobux proposes to use "cookies" (Cookies are small data files that a website stores on my computer.) for storing visitor preferences, profiling visitors and tracking visitor behavior on Mobux website. By visiting the website I acknowledge, accept and expressly authorize Mobux for the placement of cookies on my computer.

“Force Majeure Event” means any event due to any cause beyond the reasonable control of Mobux, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.

I understand and accept Mobux has the absolute discretion to amend or supplement any of the Website Usage Terms at any time and will give prior notice of 30 days for such changes. Changed Terms and Conditions shall be communicated to me on Mobux’s website and by other acceptable modes of communication. By using the services, I shall be deemed to have accepted the changed Website Usage Terms


people

I guarantee that the information provided (in my application) is correct;
I shall keep my username and password confidential and shall not allow others access thereto or the use thereof;
I accept that I shall be responsible for all account activity conducted as a result of any access obtained through the use of my userid and password, should I:
•share my access rights with any other person by disclosing or allowing others to gain knowledge of my user number and password; or
•leave my browser unattended while in an active browser session; or
•in any other manner conduct or access my Mobux Online Account carelessly or negligently.
I acknowledge that my userid is Mobux's property and may be revoked or suspended at Mobux's discretion;
Should I become aware of any breach or attempted breach of Mobux's data security I shall inform Mobux's management without delay and in writing;
I acknowledge and accept that any use of my Mobux Online Account is at my own risk. Without limiting the generality of the aforesaid, I acknowledge that Mobux will not, under any circumstances, be liable to me for any loss or damages (including consequential, direct, indirect, special, punitive or incidental damages) arising from:
•any defect or fault in my hardware and/or software; or
•any failure or fault in connectivity to the Internet; or
•the unavailability of the Mobux website for any reason whatsoever; or
•any failure on the part of Mobux to carry out instructions given online under circumstances where such failure is the result of a cause beyond Mobux's control.
NO LIABILITY
Mobux acts as an intermediary between the Merchant and Mobux, acquires information supplied from the Merchant and Mobux and processes transactions in good faith.
Mobux does not guarantee the correctness of information acquired or supplied and can in no way be held liable by the Merchant for any damages suffered by the Merchant acting upon such information.
Any dispute between Mobux and the Merchant howsoever arising, which includes, a dispute regarding:

• The value of reversals of invalid sales;
• Any discount;
• Any refund due to a cardholder;
• Any overpayment;
• The value of any transaction;
• The debiting of any Merchant's account

is deemed to be a dispute between Mobux and the Merchant and Mobux is not a party thereto. Mobux will in no way be held liable by the Merchant for any damages suffered by such Merchant pursuant to such dispute.
BILLING
Billing will commence on the day the account is activated by the merchant.
The service may be terminated via written notice at any time. The merchant shall be billed to the end of the month in which written notice of termination was received.

Any transaction concluded via Mobux's internet services or any claim that may arise in consequence of the use of Mobux's internet services shall be subject to the jurisdiction of the Cape of Good Hope Provincial Division of the High Court of South Africa.

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