Sechaba Privacy Policy

/ Terms and Conditions

Privacy Notice - Mobile Payment Applications

1. We take your privacy seriously and we will comply with all applicable laws imposing obligations on us to safeguard your personal information. We ask that you read this privacy notice ("Privacy Notice") carefully as it contains important information about how we will use your personal information should we be exposed to it or have to process your personal information in the context of your use of the App.

2. For the purposes of the Protection of Personal Information Act, 4 of 2013, we are the ‘responsible party’ in respect of personal information you submit to us (i.e. the company who is responsible for, and controls the processing of, the personal information you submit to us).

3. We may obtain personal information about you (such as your name, email address, phone number, payment and transaction details) whenever you complete forms on of the App or when you use of the App.

4. We will also obtain personal information you provide when you download or register to use the App, send us feedback, post material, contact us for any reason and by any medium, sign up to a service, make study materials purchases using the App, complete a survey, report a problem with any of the Apps. We may further retain a record of any contact you make with us.

5. We may monitor your use of the Apps through the use of cookies and similar usage tracking devices. For example, we may monitor how many times you use the Apps, which pages you go to, traffic data and transaction types. This information helps us to build a profile of our users. Some of this information will be aggregated or will be statistical in nature, which means that we will not be able to identify you individually.

6. We may also collect information about your device each time you use the Apps. For example, we may collect information on the type of mobile device that you are using and its unique device identifier (for example, the the device’s mobile phone number, or the ID of the device’s wireless network interface), the type of mobile browser that you are using, the mobile operating system that you are using and mobile network information.

7. We may use your personal information for the following purposes:

7.1. to help us identify you and any accounts you hold with us;

7.2. administration;

7.3. research, statistical analysis and behavioural analysis;

7.4. customer profiling and analysing your purchasing preferences;

7.5. fraud prevention and detection;

7.6. to notify you of any changes to the Apps or to our services that may affect you;

7.7. security vetting;

7.8. providing support services we are responsible for;

7.9. and improving our services.

8. The App may contain links to websites or other apps which we or our partners own or websites or apps of our partners or third parties. We do not accept any responsibility or liability for their respective privacy policies/terms of use or the collection and use of any personal information collected through these websites, apps or services. Please ensure that you review the relevant privacy policies/terms of use prior to providing any personal information to, or using these websites, apps, and services.

9. We may disclose your personal information to:

9.1. other companies within our group;

9.2. our agents and service providers; and

9.3. law enforcement and regulatory agencies in connection with any investigation to help prevent unlawful activity or as otherwise required by applicable law.

10. We will use technical and organisational measures to safeguard your personal information, for example:

10.1. we store your personal information on secure servers; and

10.2. transaction details are encrypted using while in transit.

11. While we will use all reasonable efforts to safeguard your personal information, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal information that is transferred from you or to you via the internet.

12. We may monitor and record communications with you (such as telephone conversations and emails) for the purpose of quality assurance, training, fraud prevention and compliance.

13. We may need to transfer your personal information to other countries where servers may be located from time to time from and you consent to such transfers.

Terms and conditions

These Mobile Application Terms and Conditions apply to your use of the App. Please read these terms carefully. All of the clauses are important, but please pay special attention to the clauses that are in bold and italic writing as these clauses may limit our responsibility or involve some risk for you.

INTRODUCTION AND SCOPE.

This Mobile Application Terms and Conditions ("Terms") are a legal agreement between you and Sechaba and apply to all users of ELearning Sechaba APP. When a person ("user", "you" or "your") downloads, accesses, creates an account or uses the ELearning Sechaba, you are also agreeing to these Terms.If you do not agree to these Terms, you must not register for a ELearning Sechaba. By clicking "activate" or by using the ELearning Sechaba you confirm that you agree to be bound by these Terms and Conditions.

MEANING OF WORDS AND PHRASES Specific meanings (definitions) have been given to some words or phrases in these terms. These words and phrases start with a capital letter. The only defined terms that do not always have a capital letter are the words "you", "your", "we" and "us". Sometimes the definitions of a word or phrase can also be found in the paragraph where we used the word or phrase. These words or phrases that have been defined will have the same meaning wherever they are used in these Terms and Conditions.

HOW TO ACCESS AND DOWNLOAD THE APP

Devices to download and access the App, you must have a Device that is able to connect to the internet.The Device must meet the minimum technical specifications which includes the following operating system requirements:Handset -Android 6 and above handsets (Samsung, Appo, etc ); handsets and version -Android - Version 6 and above. If the Device is a tablet, it must utilise a SIM card. Alternatively, it must be used coupled with another Device that uses a SIM card via a network, such as WiFi. Network connections via a router or modem, such as ADSL, will not work, as you must be able to receive an SMS. Certain Devices and operating software may not work with the App due to limitations or constraints specific to the Device or the software. We will not be responsible for Internet access charges, service provider charges and data usage charges. These charges must be paid by you or the owner of the Device.You must download the App You must download and install the App on to the Device from the Play Store.You will only be able to access the Sechaba APP once you register via the App while selected study materials would only be accessed after payment.

(the "Licence Restrictions").If you modify or attempt to modify your Device in any way or use software that is designed to modify your Device, override, or disable any security features on your Device or its operating system, you acknowledge that you do so at your own risk. There are security features included in the App which are designed to operate with the Device according to the manufacturer's specifications. Modifying the Device or its operating system may also result in the App not working .You must ensure that you only use the latest version of the App. The AppStore will notify you of any updates or upgrades that are available to you. If you do not install the latest version, the App may not work correctly and you may experience security and/or data flaws, for which we will not be liable under any circumstances.You must only use the App on the Device with which you registered . All users of the App will also be subject to the terms of the AppStore where you downloaded the App. Do not frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the App without our prior written consent.You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the contents therein or any other Intellectual Property Rights flowing from them.Nothing contained in these Terms shall be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property without the right to use the App on [10] (ten) days prior written notice unless termination is required by law or it is reasonable to give less than 10 (ten) days, having regard to the reasons why we are taking these actions.We may immediately terminate these Terms and your use of the App and without notice:if you commit a material breach of any of these Terms;if you breach any of the Licence Restrictions;if you attempt to use the App outside of the Territory;where we must do so to comply with law or to avoid breaching another person's rights; orwhere a court or regulator tells us to do so.

As far as the law allows, we both agree the App is regulated by or subject to the Consumer Protection Act, the ECT Act or other laws it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act, the ECT Act or other laws. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, the ECT Act or other laws are complied with.No provision of these Terms:does or purports 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 or controlled by us) to the extent that the law does not allow such a limitation or exemption;requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; orlimits or excludes any warranties or obligations which are implied into these Terms by the Consumer Protection Act (to the extent applicable), the ECT Act (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicaapplicableapplicaapplicablebleapplicaapplicableapplicaapplicableblebleble), the ECT Act (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.

These Terms and any rights, obligations and licenses granted hereunder, may not be transferred or assigned by you.We may, at any time, transfer, delegate or assign any or all of our rights and obligations under these Terms. We will notify you if we transfer, delegate or assign any rights or obligations to a third party. We do not have to inform you where we assign any rights or obligations to any of our affiliates or sub-contractors, which we may appoint.These Terms shall apply for the benefit of and be binding upon each party's successors and assign. As far as the law allows, you agree to submit to the non-exclusive jurisdiction of the courts located in Johannesburg , South Africa.Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.These Terms makes up the whole agreement between you and us relating to the license of the App. As far as the law allows, neither you nor we are legally obliged to comply with any term, condition, undertaking, representation, or promise relating to the App that is not written in these Terms. Each provision of these Terms, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of these Terms, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in these Terms. The rest of these Terms will still be valid and enforceable.;"Device" means the mobile device which is capable of connecting to the internet that you use to access the App, and may include mobile phones, tablets and any other device;"Destructive Code" means any "viruses", "trojan horses", computer code, malware, instructions, devices or other materials designed to disrupt, disable, harm or otherwise impede in any manner the operation of any Device, technology, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof;"ECT Act" means the Electronic Communications and Transactions Act 25 of 2002, as may be amended from time to time;"Intellectual Property Rights" means any and all rights, title and interest, any know how (not in the public domain); invention (whether or not patented); design, goodwill, trade name, trade mark (whether or not registered), or any material in which copyright subsists (whether or not registered), and all other identical or similar intellectual property as may exist anywhere in the world and any applications for the registration of such intellectual property;"Issue;"Personal Information" shall have the meaning set out in the Protection of Personal Information Act 2013;"PIN" means personal identification number;"Process" shall have the meaning set out in the Protection of Personal Information Act 2013;"Territory" means the Republic of South Africa;"Third Party Sites" means any website or content that belongs to a third party (including a Merchant) that is either featured on the App or is linked to the App;" Platform;"we", "our", "us" means Sechaba and references to "we", "our" or "us" also includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, licensors, service providers and suppliers; and"you" and "your" means a person who downloads, installs and uses the App or who agrees to these Terms.References to the singular includes the plural and vice versa;Clause headings are for convenience and not to be used in interpreting these terms and conditions.Words in any particular gender include the other genders (male, female and neutral). Reference to a neutral gender (for example 'they' or 'it') include all genders.The word 'including' or 'include' or 'includes' must not be interpreted as limited to the list following the word or excluding other items from a list following the word. The word:'including' means 'including but not limited to';'include' means 'include but is not limited to'; and'includes' means 'includes but is not limited to'Where any number of days is given, those days are counted to exclude the first day but include the last day.You must register online in order to access the Sechaba APP by completing the electronic registration form which is made available on the App. As part of the registration process, you will be required to create a Sechaba profile. You will do this by completing the electronic registration form which will include:providing us with your name and surname and date of birth;creating a password;providing us with all the information we require, including but not limited to a valid email address;providing us with your Payment Information; and agreeing to these Terms.All information you give us must be truthful, accurate and complete. This also includes the information (especially the Payment Information) that we request you to provide in the registration process and at any time after that. We are not responsible for incorrect information given by you. You must keep your password and PIN secret and secure at all times.You are responsible for all use of your Sechaha App and your password.

Modifying the Device or its operating system may also result in the App not working at all.

You must ensure that you only use the latest version of the App. The AppStore will notify you of any updates or upgrades that are available to you. If you do not install the latest version, the App may not work correctly and you may experience security and/or data flaws, for which we will not be liable under any circumstances.You must only use the App on the Device with which you registered for the Sechaba App . All users of the App will also be subject to the terms of the AppStore where you downloaded the App.You aapiteor any third parties featured on the App;apply for or obtain registration of our current and future Intellectual Property which may be confusingly similar to in any country;challenge our rights in our current and future Intellectual Property in any country;do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair our current and future Intellectual Property or the reputation or goodwill associated therewith or with us and/or any third party featured on the App, or which would be expected to jeopardise or invalidate any registration of our current and future Intellectual Property;use, register or attempt to register as trade names, corporate names, business names, logos, domain names, meta tags, email addresses, server names or search engine markers anything that is identical to, contained in whole or part, or is otherwise confusingly similar to our current and future Intellectual Property in any country;establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the App without our prior written consent.You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the contents therein or any other Intellectual Property Rights flowing from them.

We have the right to send you notices about the following issues by SMS or email or through the App:notices that we intend to suspend or terminate your use of the Sechaba App or your use of the App; and notices that we have amended or updated any part of these Terms.You may not unsubscribe to receive notices from us regarding the above information.

Direct marketing.We may send you notices from time to time about marketing offers, newsletters or other recommendations or information which we may think will be relevant or interesting to you.You may unsubscribe from these communications at any time, by following the unsubscribe link in the communication.You can also contact us at WhatsApp 0733149270 for assistance in unsubscribing from marketing communications.CONSUMER PROTECTION ACT, ECT ACT AND OTHER LAWS. If these Terms or the Sechaba study materials provided and/or made available on the App is regulated by or subject to the Consumer Protection Act, the ECT Act or other laws it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act, the ECT Act or other laws. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, the ECT Act or other laws are complied with.No provision of these Terms:does or purports to limlimitlimlimiit 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 or controlled by us) to the extent that the law does not allow such a limitation or exemption;requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; orlimits or excludes any warranties or obligations which are implied into these Terms by the Consumer Protection Act (to the extent applicable), the ECT Act (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), the ECT Act (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.The Processing of your Personal Information is explained and shall be governed by the Privacy Notice.

SUPPORT Should you experience any technical difficulties with any aspect of the App you may contact our technical support team WhatsApp 0733149270.

MISCELLANEOUS

We may update these Terms from time to time upon written notice to you. Your continued use of the Sechaba App will be deemed an acceptance to these Terms.These Terms and any rights, obligations and licenses granted hereunder, may not be transferred or assigned by you.We may, at any time, transfer, delegate or assign any or all of our rights and obligations under these Terms. We will notify you if we transfer, delegate or assign any rights or obligations to a third party. We do not have to inform you where we assign any rights or obligations to any of our affiliates or sub-contractors, which we may appoint.These Terms shall apply for the benefit of and be binding upon each party's successors and assigns.These Terms and the relationship between us shall be governed by the laws of the Republic of South Africa and in particular the rules and regulations for Authenticated Mobile Transactions and/or 3D Secure transactions as stipulated by the Payment Association of South Africa. As far as the law allows, you agree to submit to the non-exclusive jurisdiction of the courts located in Johannesburg , South Africa.Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.These Terms makes up the whole agreement between you and us relating to the license of the App. As far as the law allows, neither you nor we are legally obliged to comply with any term, condition, undertaking, representation, or promise relating to the App that is not written in these Terms.Each provision of these Terms, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of these Terms, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in these Terms. The rest of these Terms will still be valid and enforceable.

DEFINITIONS AND INTERPRETATION

In these terms, the following defined words and phrases have the meanings set out below:"Affiliates" means with respect to any entity, any other entity that Controls, is Controlled by, or is under common Control with such entity;"App" means the Sechaba mobile payment application for your Device, through which you can pay for Transactions ;"AppStore" means your Device's application store provided by Google Android as is applicable to you ;"Sechaba Platform" mean the Sechaba platform made available by Sechaba through the App "Sechaba" means the payment processing services provided by Sechaba ;"Card" means your personal credit, debit and/or cheque card(s) with a PIN and includes prepaid cards;"Control" shall have the meaning ascribed to it in terms of the Companies Act 71 of 2008;"Device" means the mobile device which is capable of connecting to the internet that you use to access the App, and may include mobile phones, tablets and any other device;"Destructive Code" means any "viruses", "trojan horses", computer code, malware, instructions, devices or other materials designed to disrupt, disable, harm or otherwise impede in any manner the operation of any Device, technology, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof;"ECT Act" means the Electronic Communications and Transactions Act 25 of 2002, as may be amended from time to time;"Intellectual Property Rights" means any and all rights, title and interest, any know how (not in the public domain); invention (whether or not patented); design, goodwill, trade name, trade mark (whether or not registered), or any material in which copyright subsists (whether or not registered), and all other identical or similar intellectual property as may exist anywhere in the world and any applications for the registration of such intellectual property;"Issuer" means the bank or financial institution that issued your Card to you;"Sechaba" means Sechaba and any of its Affiliates" means the mobile payment platform developed by Sechaba App known as "Sechaba" and all technical interfaces, application programming interfaces, websites, dashboards and Intellectual Property Rights in and to Sechaba; "Sechaba " means the Sechaba App created by you when you register to use the Sechaba App;"Personal Information" shall have the meaning set out in the Protection of Personal Information Act 2013;"PIN" means personal identification number;"c" shall have the meaning set out in the Protection of Personal Information Act 2013;"Territory" means the Republic of South Africa;"Third Party Sites" means any website or content that belongs to a third party (including a Merchant) that is either featured on the App or is linked to the App;"Transaction" means any transaction where you purchase any product or service from the App by transmitting your Payment Information through the Sechaba App; "we", "our", "us" means Sechaba and references to "we", "our" or "us" also includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, licensors, service providers and suppliers; and"you" and "your" means a person who downloads, installs and uses the App or who agrees to these Terms.References to the singular includes the plural and vice versa;Clause headings are for convenience and not to be used in interpreting these terms and conditions.Words in any particular gender include the other genders (male, female and neutral). Reference to a neutral gender (for example 'they' or 'it') include all genders.The word 'including' or 'include' or 'includes' must not be interpreted as limited to the list following the word or excluding other items from a list following the word. The word:'including' means 'including but not limited to';'include' means 'include but is not limited to'; and 'includes' means 'includes but is not limited to' Where any number of days is given, those days are counted to firfirfirsfirfirfirsfirsfirfirfirsfirfirst day but include the last day.

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