1. The Parties:
This agreement is entered into between:
- Emnothweni Network t/a Mzansiway with registration number 2014/004273/07 (hereinafter referred to as “Mzansiway”); and
- The end user who provides its information on the app as required and utilises the App and/or Website (hereinafter referred to as “the User” and/or “the Prosumer”).
2. Introduction:
- The parties hereby enter into this agreement as a requirement for the User to make use of Mzansiway’s application, designed by it for the specific purpose it was created for, as such to make payment to, but not limited to, credit providers, service providers, Legal entities and to purchase airtime and/or data from cellular providers.
- Nothing in this agreement or information on the App constitutes a business proposal and/or guarantee of financial success and/or business opportunities.
- Nothing in this agreement or information on the App constitutes giving of financial advice and/or business advice.
- Nothing in this agreement and/or information on the App shall constitute a guarantee of financial success and/or any other form of wealth.
- The parties hereby enter into agreement in respect of the specific use of the application designed by Mzansiway and its associates.
- The User will be entitled to receive a fee from Mzansiway on the terms and conditions set out in the presentation contained on Mzansiway’s website.
- For the purpose of this agreement, the following definitions are provided:
- "ETCA" shall mean the Electronic Communications and Transactions Act 25 of 2002 and all Regulations published thereunder;
- "Electronic Communication" shall have the meaning assigned thereto in the ETCA;
- "The App" shall mean the application designed by Mzansiway and accordingly named Mzansiway and to which the User subscribes by accepting these terms and conditions and by providing its personal information;
- "Provider" shall mean, without limiting the generality thereof, the providers from which products are purchased, service providers, credit providers, telecommunications companies, legal entities and/or bodies, judicial entities and/or bodies to which payment may be made via the App and/or Website and as registered on the App and/or Website.
- "Third parties" shall refer to any person, whether natural, legal or legislative, who is not a party to this agreement;
- "Associates" shall mean other entities which assist Mzansiway in, but not limited to, the designing, maintaining and administration of the App and/or the Website and to comply with its contractual obligations as well as any other obligations that it may have.
- "This agreement" and "hereof" shall refer to the terms and conditions as set out, which is agreed to and accepted by the User upon selecting Accept at the bottom of these terms and condition;
- "The POPI Act" shall mean the Protection of Personal Information Act 4 of 2013, as amended from time to time, including any regulations and/or code of conduct made under the POPI Act;
- "The Website" shall mean this website designed by Mzansiway and the collection of web pages located at www.mzansiway.com
- "Personal Information" shall have the meaning ascribed to it in Chapter 1 of the POPI Act;
3. The Application and/or the Website
- Information contained on this website is intended to serve as general information on chosen subject(s) only and not as an exhaustive treatment of those subjects.
- Subscribing to any service or buying any product through the website and/or app is, indication to these Terms and Conditions, subject to such relevant services and/or product’s specific terms and conditions as well as applicable legislation.
- Links to third-party websites are provided for convenience only and may be discontinued at any time. The fact that Mzansiway provides a link to a third-party’s website does not mean that it endorses, authorises or sponsor that website, nor that Mzansiway is affiliated with such website’s owners and/or sponsors.
- The Application and Website also allows for the User to refer its clients to the Application and Website by way of voucher which contains a unique code which will entitle such User to the fees as set out on the Website.
4. Use of the App and/or Website:
- In order to utilise the App and/or website, the User shall be required to provide certain personal information and its banking details to enable the application to link the User’s account and for activation and/or payment of any fees due to the User.
- The User is to provide its banking details in order for deductions to be made from its banking profile/account and/or payments to be made to the User’s nominated banking account held with the relevant registered banking institutions.
- Upon receipt of the User’s banking details, same is verified by Netcash, duly appointed by Mzansiway in order to confirm the User’s banking details with the applicable banking institutions.
- Once the banking details of the User has been confirmed and identified, and subject to the User providing its further required details, the User’s profile will be activated and the User’s chosen banking account from which deductions are to be made and to which the applicable fees will be paid will be linked to the User’s profile.
- By accepting the terms and conditions of this agreement, the User agrees that Mzansiway may process its banking details as set out in this agreement.
- The provision of the banking details does not constitute the User’s agreement that any transactions not authorised by it may be deducted and/or deposited into its banking account and does not provide Mzansiway and/or any of its associates to deduct any amounts from and/or deposit any amounts into the User’s account.
- Mzansiway and/or any of its associates shall not have the right to authorise any transactions without the consent of the User, which consent may only be provided via the App and/or Website.
- Card transactions will be acquired for Mzansiway via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (“SSL3”) and no card details are stored on the Website. The User may go to www.paygate.co.za to view their security certificate and security policy.
- The User’s details will be stored by Mzansiway as set out herein, but separately from card details which are entered by the User on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
- Payment may be made via Visa, MasterCard, Diners or American Express Cards or by direct debit from the User’s banking account to the account of Mzanisway directly, the details of which will be provided on request by following the process set out in Mzansiway’s PAIA (Promotion of Access to Information Act) manual, as published on the Website.
- Cancellation of payment by the User prior to same being deducted from the client’s account will attract a 15 % administration fee.
- Any payments authorised by the User which are unsuccessful, for reasons such as, but not limited to, insufficient funds being available for such deduction to be made by Mzansiway and/or its associates, such as, but not limited to, PayGate (Pty) Ltd, will attract a 15% administration fee. In such an event, Mzansiway shall also not be responsible for the non-payment of any service providers and the User specifically acknowledges that it is his/her/its responsibility to ensure that sufficient funds are available for payments to be processed by Mzansiway and its associates, as and/or when authorised by the User.
- Subject to receipt of instructions and/or authorisations, such instructions and/or authorisations will be processed with ___ days for payment to be made to services providers listed on the Website and/or App as contemplated herein.
- The User may not use the Website and/or App and/or any of the products and/or services for:
- Harmful, unlawful and/or illegal purposes (such as causing harassment and/or exploitation or purposes that may create a privacy and/or security risk to any person)
- To collect and/or obtain any personal information about the Users and/or its own clients which Mzansiway are not allowed to disclose by law and/or its privacy policy.
- To create, store and/or send any unsolicited communications to any person.
5. Responsibilities of the User:
- The User shall ensure that the information provided to Mzansiway via the App is indeed correct and is its own details. The User hereby specifically agrees that it has not provided the details, such as, but not limited to, personal information and/or banking details, of another third party. The User specifically agrees that it is the person/entity whose details have been provided.
- The User specifically agrees that the banking account and/or profile provided to Mzansiway via the App and/or Website does in fact belong to it and that, where necessary, it has obtained the necessary authorisation and/or permission and/or consent to link the banking account and/or profile to the App and/or Website for deductions to be made from and/or deposits to be made into the banking account as and when authorised by the User.
- The User shall use the App and/or Website at its own risk and must at all times apply its due diligence in utilising the App and/or Website to ensure that, but not limited to, authorisations provided are correct and intentional and that all information, references, reference numbers, invoice numbers, cellular numbers and registration numbers provided are correct.
- The User shall ensure that the App and/or Website installed on its device(s) are safeguarded and cannot be access by any unauthorised third person via its device(s).
- It shall at all times be accepted that when the User’s profile is accessed from any device, same is accessed by the User itself and not by any other third party. The User is therefore responsible for protecting its credentials and login information and must not provide same to any other third party. Should the User provide same to third party, whether verbally, in writing or by logging into the App and/or Website from a third party’s device(s), same is done at the User’s own risk. Providing such information to any third party does not constitute any agreement between Mzansiway and such third party, as this agreement is accepted by the User and is only enforceable between Mzansiway and the User in respect of the User’s registered and/or linked profile.
- The User shall be responsible for any fees/amounts payable to the South African Revenue Services (“SARS”) and/or any other relevant Judicial Institution and/or otherwise and shall be responsible for declaring any such amounts received by virtue of this agreement to SARS and/or Judicial Institution and/or otherwise.
- The User shall be responsible for ensuring that it reads and understands the terms and conditions of this agreement and by selecting to proceed consents and agrees to the terms and conditions enclosed herein.
- The User shall apply the necessary care in reading all communication sent by Mzansiway via the App and ensure that it knows and understands such communications.
6. Responsibilities of Mzansiway:
- Mzansiway shall ensure that all relevant information provided by the User is sufficient and/or as required and that the banking information provided by the User is in fact that of the User.
- Mzansiway shall ensure that all authorised transactions are processed accordingly and that payment is authorised to be transferred from the User’s nominated banking account and/or profile and that payment is made to the service provider and/or credit provider and/or legal entity directly and in a manner that enables the service provider and/or credit provider and/or legal entity to allocate the payment to the User’s account and/or invoice and/or profile.
- Mzansiway shall communicate any relevant, necessary and/or important information with the User via the App and/or Website. Such information is to include, without limiting the generality thereof, any changes to these terms and conditions, information regarding authorisations in respect of payments to be made from the User’s banking account, downtime of the App and/or Website, malfunctions of the App and/or Website and/or its processes, changes in fee percentages, changes in the processes and/or services of the App and/or Website, failed transactions.
- Mzansiway shall ensure the proper functioning of its app as far as possible.
- Mzansiway shall ensure the protection of the personal information provided to it by the User according to the applicable laws of the Republic of South Africa and as set out herein.
- Mzansiway takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support and dispute resolution.
7. No warranties:
- Whilst Mzansiway takes great care to ensure information published on the website is correct, complete, accurate, and up-to-date it does not provide any warranties in respect of such information and is not responsible for any inaccuracies and/or errors contained in such information.
- The Website and/or App and all information, content, tools and material contained thereon, and/or linked thereto, are provided on an "as is" and "as available" basis.
- Mzansiway willm not be liable for any damages of whatsoever nature arising from the use of the Website and/or App and/or from any information, content, tools, or materials included on, or otherwise made available, through this website including directly, indirect, incidental, punitive and/or consequential damages.
8. Offer to do business:
- Unless expressly indicated to the contrary, nothing on the Website and/or the App and/or these terms and conditions shall constitute a partnership between the parties and the User shall have no right and/or entitlement to any part of Mzansiway’s business other than that set out herein.
9. Privacy Policy
- Your privacy is important to Mzansiway and all personal information that you submit to us via this website will be treated in accordance with our privacy policy (Click here to view).
- Mzansiway and its third-party service providers use cookies, web beacons, and similar tracking technologies on our websites to track the actions you take on the site including, as a result of linking through to the site from an advert, to remarket to you based on those actions. We collect certain aggregate and non-personal information through a variety of technologies when you visit this website. It tells us such things as how many users visited our site and the pages accessed. By collecting this information, we learn how to best tailor our website to our visitors.
10. Changes to these terms and conditions:
- Mzansiway shall have the right review and amend the terms and conditions of this agreement from time to time without notice to the User.
- Mzansiway shall however inform the User of changes to these terms and conditions as and when they occur by way of notice to be provided to the User via the App and the User shall be required to accept the terms and conditions again in order to be able to continue using the App as intended and to receive any fees as envisaged herein and/or on the Website.
11. Complaint process / Dispute resolution:
- In the event of the User wishing to lay a complaint and/or wish to submit an issue to Mzansiway, the User is to send such complaint to the following email address, and by way of registered to the physical address indicated in clause 12 below.
- Mzansiway shall have 14 (fourteen) days to acknowledge receipt of such complaint contemplated in clause 11.1 and an additional 14 (fourteen) days to investigate such complaint and to provide feedback to the User.
- The parties shall first attempt to amicably resolve such complaints and/or any issue experienced and/or any dispute between them and both parties shall apply their best efforts to do so, by, but not limited to, timeously responding to correspondences sent by the other parties, answering questions by the other party, providing the other party with requested information in as far as possible.
- Should any dispute arise in respect of these terms and conditions, alternatively any use of the App and/or Website, alternatively payments processed, and same cannot be resolved as set out in this clause, the parties agree to the jurisdiction of the Magistrate’s Court, Johannesburg for the dispute to be ventilated.
12. Domicilium citandi et executandi
- Mzansiway nominates as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of Court process, notice and/or other documents or communication of whatsoever nature, the following addresses:
Email: support@mzansiway.com
info@mzansiway.com
Address: 5 Maxwell Street
Booysens, Johannesburg 2091
- The User nominates as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of Court process, notice and/or other documents or communication of whatsoever nature, the address and/or contact details (email address / fax number) submitted on the Website and/or Application when signing up.
- Each party has the responsibility of informing the other should such addresses change and any party’s failure to do so shall not denigrate and/or prejudice any of the other party’s rights to utilise such addresses for the purposes set out herein. The User specifically accepts and agrees that he/she/it has the responsibility to ensure that his/her/its details are up to date.
13. Electronic Communication
- By using the Website and/or App, the User agrees to receive communication from Mzansiway and accept all risks associated therewith.
- The User agrees that any information sent to Mzansiway electronically may be acted on and relied on by Mzansiway. The onus rests upon the User to ensure that Mzansiway receives all electronic information sent to it.
- The User herewith agrees that should Mzansiway need to send any agreements, notices, or other communication to the User that it may send same electronically and the User further agrees that such agreement, notices and/or other communications will constitute communication in writing.
- Electronic communication sent to Mzansiway shall only be regarded as received if and/or when it acknowledges receipt of same in writing. If any electronic communication sent to Mzansiway is blocked, filtered and/or destroyed by Mzansiway’s filtering and/or virus checking systems, Mzansiway shall not be regarded as having received such electronic communication.
- By using the Website and/or App the User agrees that Mzansiway may intercept, block, filter, read, delete, disclose and/or use all communications that is sent to it electronically subject to the provisions of the Interception of Communications Act, 70 of 2002.
- The Website and/or App is run by Mzansiway as described herein and its nominated service providers, and as such, is overseen by its Management Team and Directors.
14. Governing Law:
This agreement shall be governed by, construed and interpreted by the Laws of the Republic of South Africa.
15. Duration:
- These terms and conditions shall be binding on the Parties for such time as the User uses the App and/or Website and the User’s profile on the App and/or Website remains active.
- Should the User deactivate its account, any agreement between the parties shall cease to exist and the parties shall have no obligations toward one another in respect thereof.
- It is specifically agreed that should the User deactivate its account before payment of all funds payable to it has been paid and/or requested to be paid, the User shall forfeit such fees/amounts and Mzansiway shall have no obligation to make payment to the User for such fees/amounts and/or any other fees/amounts the User was eligible for.
- The parties may make separate arrangements in respect hereof, which arrangements must be deduced to writing and signed by the duly authorised representatives of each party.
16. Severability
- Should any of these terms and condition become invalid and/or unenforceable and provided that such invalid and/or unenforceable term or condition not nullify the underlying intent of this Agreement, such terms and conditions shall be severable and be deemed to be deleted from the other terms or provisions of this Agreement which shall remain in full force and effect.
- Non-compliance with these terms and conditions:
- Should the User fail to comply with these terms and conditions, for any reason whatsoever or should Mzansiway become are that any information provided to it by the User, without limiting the generality thereof, is false, that the User is not in fact the person whose information was provided and/or that it does not have the necessary authority and/or permission to provide the information, Mzansiway may at its own discretion disable and/or “freeze” the profile (the latter may be applied until any non-compliance is rectified and/or clarified and/or confirmed).
- In the event of Mzansiway disabling the User’s profile for the User’s non-compliance with these terms and conditions, the User shall forfeit any benefits ascribed to it and/or any fees payable to it in terms hereof.
- Should Mzansiway fail to comply with any terms and conditions set out herein, the User shall have the rights ascribed to it by Law, read together with these terms and conditions.
17. Intellectual Property Rights
- All content made available on this website (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) as well as the compilation thereof belongs to Mzansiway and is protected by South-African copyright laws.
- Except if expressly permitted in terms of these Terms and Conditions or another written agreement with Mzansiway, no portion of this website may be copied or transmitted via any means whatsoever.
- Any unauthorized use, alteration, or dissemination of the information or content on this website is prohibited.
- Nothing on this website should be regarded as granting any license or right to use any Mzansiway trademark without our prior written permission.
- Mzansiway does not accept liability for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off this website. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.
18. General:
- Neither Party may assign any of its rights or delegate any of its obligations under these terms and conditions without the prior written consent of the other Party.
- The terms and conditions are not intended to be for the benefit of, and shall not be enforceable by, any Authorised Person or any other person who is not Party hereto, and no Party can declare itself a trustee of the rights under it for the benefit of any third Party.
- The failure to exercise, or delay in exercising, a right, power or remedy provided by these terms and conditions or by law shall not constitute a waiver of that right, power or remedy. If a Party waives a breach of any provisions hereof, this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
- Nothing in these terms and conditions shall be deemed to constitute a partnership, create a relationship of principal and agent for any purpose between the Parties and/or create an employer and employee relationship between the parties.
19. Use Of Services Via The Mzansiway App:
- Mzansiway reserves the right to, within its reasonable discretion, terminate and/or limit your access to the Mzansiway App at any time. All services, except for “Mzansiway Rewards”, and multi-application capture listed on the App are available for use to prosumers and referrals. Non-Mzansiway members will only be allowed to use the “ABOUT Mzansiway”, “PRODUCTS”, “SIGN UP”, CONTACT INFORMATION, HELP, and/or “FIND the US” services. The “Mzansiway Rewards” service will only be available for use by prosumers and referral members who have bought our products (or as per any other eligibility rules communicated by Mzansiway). We hereby confirm that the Mzansiway App makes use of third-party service providers (i.e. Google Play Store & iOS stores ) for operating purposes. On account of the aforementioned, you undertake to familiarise yourself with the electronic “terms of use” of these said third-party service providers and agree to adhere thereto at all times and to the fullest extent, that same applies to you via your use of the Mzansiway App. Unless expressly indicated to the contrary, calculations and/or prices displayed on the Mzansiway App are approximations only and are intended as guidelines. Subscribing to any service or buying any product via the Mzansiway App is, in addition to these Terms and Conditions, subject to such relevant services and/or products specific terms and conditions as well as applicable legislation. Links on the Mzansiway App to third-party websites are provided for convenience only and may be discontinued at any time. The fact that Mzansiway provides a link to a third-party website via the App does not mean that we endorse, authorize or sponsor such a website nor does it indicate that Mzansiway is affiliated with such website's owners or sponsors.
- Mzansiway App Intellectual Property All content made available on the Mzansiway App (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) as well as the compilation thereof belongs to Mzansiway and is protected by South African copyright laws. Except if expressly permitted in these Terms and Conditions or another written agreement with Mzansiway, no portion of the Mzansiway App may be copied or transmitted via any means whatsoever. Any unauthorized use, alteration, or dissemination of the information or content on the Mzansiway App is prohibited. Nothing on the Mzansiway App should be regarded as granting any license or right to use any Mzansiway trademark without our prior written permission. Mzansiway does not accept liability for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information from the Mzansiway App. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.
- Unless expressly indicated to the contrary, all information, products, and/or services displayed on, or accessed through the App is for your personal and non-commercial use only.
- Mzansiway App Privacy Policy By using the Mzansiway App you acknowledge and agree to the Privacy Policy of the App which is set out below. The Privacy Policy relates to our collection and use of the personal information you supply to us through your use of the services on the App. This policy accordingly governs the manner in which your personal information will be dealt with by Mzansiway. Personal information for the purposes of this document means all information specific to you which is provided to us through your use of our App (i.e. information that identifies you). This includes, but is not limited to, the following personal information:
- Your name and surname;
- Passport/RSA identity number or date of birth
- Cell phone number
- Gender
- E-mail address
- By using our App you consent to us providing you (via any electronic or telephonic means) with promotional material or details regarding any of our products or services which we think may be of interest to you. Please note that you will not be allowed to use the App or any related services unless you consent to us using your personal information for marketing purposes in the future. Your privacy is important to us. We will therefore not sell, rent or provide your personal information to unauthorized entities or other third parties, for their independent use, without your consent. If at any stage, after you have given us your consent, you no longer wish that we use your personal information, you may at any stage withdraw your consent by notifying us either telephonically or by email and indicate that you wish to withdraw your relevant consent. We have the highest regard for the privacy of your personal information obtained through the use of our app and therefore confirm that we will only use your personal information subject to these Terms and Conditions, for the purpose for which it was collected, to positively identify a user when the App is accessed as well as to quote you. We value the information you choose to provide to us and which we collect from you and will take all reasonable steps to protect your personal information from loss, misuse, or unauthorized alteration. The information we maintain concerning you is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information. In this regard, however, we cannot guarantee the security of any personal information that you disclose through our App. You, therefore, accept the inherent risk of providing personal information when using our App and will not hold us, our directors, employees, or agents responsible for any breach of security. The following are instances when we will be entitled to disclose personal information obtained from you: When any regulatory authority for the various financial sectors requests the same;
- To comply with any regulation passed under relevant legislation or any legal process;
- To enforce and protect our rights and property (including intellectual property);
- When you have expressly authorized us to do so. Please ensure that you have read and understood the provisions of this Privacy Policy before you provide us with your personal information.
- Mzansiway App Disclaimer By using the Mzansiway App you acknowledge and agree to the following Disclaimer: Use of the App and any related products or services shall be governed by, and construed in all respects, in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts.
- Use of the Mzansiway App or the information, products, and services available on this App is at your own risk. Notwithstanding the provisions of sections 43(5) and 43(6) of the ECTA, we accept no liability whatsoever relating to any loss, expense, claim, or damage, whether direct, indirect, or consequential, arising from the use and/or reliance upon the information on the Mzansiway App or any actions or transactions resulting therefrom even if we have been advised of the possibility of such loss, expense, claim for damages. We are not responsible for any error or delay that may arise as a result of you being unable to access the App or related services due to an error on your mobile device, software, or third-party service provider. Whilst we will at all times use our best efforts to ensure that our App operates in the manner that it was designed, we cannot warrant that the related services are compatible, or will operate, with your mobile device or any software/hardware that you have on your mobile device. We make no representation or warranty, whether express or implied, as to the operation, integrity, availability, or functionality of our App or as to the accuracy, completeness, or reliability of any information obtained from this App.
- We also make no warranty or representation, whether express or implied, that the products, information, or files available on this App are free of viruses, destructive materials, or any other data or code which is able to corrupt, compromise or jeopardize the operation or content of your mobile device, network or your hardware or software. You accept all risks associated with the existence of such viruses, destructive materials, or any other data or code which is able to corrupt, compromise or jeopardize the operation or content of your mobile device, or your hardware or software. We accept no responsibility for any errors or omissions on our App. We may, in our sole discretion, at any time, suspend or terminate the operation of the App or any of the products or services provided in terms of this App, without prior notice. We may also at any time discontinue or disable certain parts of the services available through this App for the purposes of maintenance or upgrades or other causes beyond our control. In the event that these service channels are unavailable as stated, we request that you call our contact canter in order to make necessary changes or make queries on your policy. Any competitions or events operated by Mzansiway Limited including any of its subsidiaries and/or its associated entities, are independent and have not been authorized, sponsored, or otherwise approved by Apple Inc. Third parties are remunerated for their services to the brand. This App and its contents do not constitute financial advice. By making use of the Mzansiway Mobile service and/or purchasing a Mzansiway product, you accept that you are bound by the Terms and Conditions between Mzansiway and yourself (as amended from time to time) which can be found on www.mzansiway.com. By accepting these Terms and Conditions and by downloading the Mzansiway App, you agree to receive Push Notifications to your mobile device (even if you aren’t logged into the IFA App) that provide you with Mzansiway-related information, Mzansiway product information/updates, promotional communication or any other related messages. If you no longer wish to receive Push Notifications you can (i) change the "notification setting" within your device for the Mzansiway App, or (ii) uninstall the Mzansiway App from your mobile device.
20. General Competition Rules
- Mzansiway including any of its subsidiaries and/or its associated entities may run competitions from time to time.
- Please note that competitions are sponsored only by the listed Promoter/s and no other third party.
- In addition to these terms and conditions, specific competition terms and conditions will also apply.
- All competitions will be governed by laws of the Republic of South Africa. Mzansiway reserves the right to, upon notice, cancel or alter any aspect of any competitions at any time at its sole discretion without liability. All our rights remain reserved.
21. CODE OF ETHICS AND CONDUCT
- As the prosumer of my Mzansiway Business, I agree to conduct my Mzansiway business according to the following ethical guidelines:
- As a basic guideline in my activities as a prosumer, I will endeavour to always treat others as I would have them treat me.
- I will respect and follow this Code of Ethics and the Rules of Conduct observing not only “the letter” but also “the spirit” of the Rules.
- I will present Mzansiway products and the Mzansiway Sales and Marketing Plan to all prospective prosumers in a truthful and honest manner, and I will make sure to present only what is approved in official Mzansiway literature.
- I will be courteous and prompt in the handling of any and all claims, following procedures prescribed in official Mzansiway literature for exchanges and returns.
- I will conduct myself in such a manner as to reflect only the highest standards of integrity, frankness, and responsibility because I recognize that my conduct as a prosumer has far-reaching effects.
- I will accept and carry out the responsibilities of a prosumer (and those of sponsor and Diamond if I reach such level), as set forth in official Mzansiway literature.
- In my Mzansiway product sales activities, and for the purposes of protecting the Sales and Marketing Plan, I will use my best ability to make sure that the company is protected from bad publicity.
22. The Rules of Conduct
The Rules of Conduct (“Rules”) define and establish: (1) certain principles to be followed in the development and maintenance of an Mzansiway Business, as such:
- The rights, duties, and responsibilities of each Mzansiway prosumers.
- Mzansiway and its prosumers have a binding contractual relationship.
- The terms and conditions of this relationship are set forth in (1) the prosumer contract; the downloadable business Handbook, which includes these Rules of Conduct, and
- Other official Mzansiway literature, policies, or other communications. From time to time, the contents of these documents are changed.
- Mzansiway will notify the pro of such changes in a timely manner in official Mzansiway literature. The changes will become effective upon publication. In order to preserve the goals and purposes of the Mzansiway Sales and Marketing Plan, Mzansiway reserves to itself the sole right to adopt, amend, modify, supplement, or rescind any or all of these, Rules of Conduct, the Mzansiway Policies and Standards as necessary.
23. Headings:
The headings of the sections, paragraphs, and sub-paragraphs are included for reference purposes.
24. Acceptance
By accepting these terms and conditions and by utilising the App, the User confirms that same is binding on it and constitutes a valid agreement between it and Mzansiway.