Terms and Conditions for the use of Pooosh
1. MEMBERSHIP, SUBSCRIPTION AND CANCELLATIONS
1.1 For the purposes of these terms and conditions, Pooosh
means Pooosh Europe, any of its subsidiaries, agents or
local distributors worldwide including but not limited to any distributor or licensee in the your country. By making use of the
Pooosh software, you hereby agree that a binding contract is formed between yourself and the parties referred to in this clause 1.1.
1.2 The Pooosh software is provided to you as a free download and is always subject to these terms and conditions. Charges for making use of the Pooosh service are located online at http://www.pooosh.net. Telecommunications network service providers charges for use of their networks will be charged for in addition to these prices and may be varied by network operators from time to time and without prior notice to Pooosh or you.
1.3 Pooosh-to-Pooosh communications are free when both the initiating and receiving parties make use of the Pooosh software to initiate and receive such communications. When you communicate with any thirs party including but not limited to a Pooosh who is not using the Pooosh software, such communication is not a Pooosh-to-Pooosh communication and you will be required to pay our standard rates to forward the communication to the receiving party's number. Pooosh reserves the right to increase its standard rates from time to time for a communication to any destination and may vary its charges from time to time and without prior notice to you.
1.4 You are entirely responsible for any and all activities that occur on your Pooosh account and you shall be strictly liable for all charges debited against your account whether or not these charges are incurred by you or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach.
1.5 The Member may cancel their Membership at any time.
1.6 Pooosh may suspend or terminate the Membership of any Member who violates these Terms and Conditions.
2. RESPONSIBLE USE OF POOSH SOFTWARE
2.1 You agree not to use the Software or any Pooosh service for communications that are inter alia defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. It will be at Pooosh's sole discretion to delete content if so deemed. Pooosh does not warrant the suitability of a member's private photos nor will we become involved in correspondence regarding their suitability.
2.2 You agree to indemnify and hold Pooosh, its affiliates, strategic partners and third party service providers and their respective directors, officers, employees and agents harmless from any claim or demand, made by any third party due to or arising out of content you communicate or receive using the Software or any Pooosh service. You agree that Pooosh may intercept any communication to which you are a party in order to comply with any legal obligation to which Pooosh may be subject or for any other lawful purpose.
2.3 You acknowledge that by using Pooosh and accessing our third-party links you may be exposed to content that is of an adult nature or is offensive, indecent or objectionable. Pooosh is not responsible for any such content and you must use your own discretion in whether or not you may suffer harm as a result of access to this content.
2.4 In consideration of your use of Pooosh, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by a registration form on Pooosh (the Registration Data
); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information you provide to Pooosh, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with Pooosh.
2.5 You agree that you will not use Pooosh to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Pooosh or someone else, (c) misrepresent your affiliation with a person or entity; (d) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Pooosh; (e) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (f) collect or store personal data about other users unless specifically authorised by such users.
3. CONTENT
3.1 Pooosh may link you to websites, WAP sites, Content Providers, Service Providers and Network Operators and information located worldwide throughout the Internet. Because Pooosh has no control over such sites and information, Pooosh offers no guarantee for such sites and information with regard to the accuracy, currency, content, or quality of any such sites and information
3.2 Pooosh reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw Pooosh or any part hereof at any time.
3.3 You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via Pooosh.
3.4 You may not publish content that directly or indirectly alludes to child pornography or attempts to solicit communication with or on behalf of any minor/s.
3.5 Whilst Pooosh reserves the right to delete or remove content deemed offensive by Pooosh, Pooosh does not guarantee that offensive material will be removed or deleted. Failure by Pooosh to remove or delete offensive content does not waive our right to remove or delete offensive content in subsequent or similar cases.
3.6 You may not publish content that contains advertising or commercial messages. You may not send messages of a commercial nature to other members via the site.
3.7 You alone are responsible for ensuring that message content is appropriate. Further, you must ensure that you save any messages that you wish to keep since we cannot retrieve any messages deleted by you.
3.8 Users should be aware that when you are on Pooosh, you could be directed to other sites that are beyond our control. There are links to other sites from Pooosh pages that take you outside our service, e.g. clicking on a banner advertisement. These other sites may send their own cookies to users, collect data or solicit personal information. Pooosh does not control the privacy policies of our business partners, advertisers, sponsors or other sites to which we provide hyperlinks. Please keep in mind that whenever you give out personal information online --- for example, via e-mail messages or contact information --- that information can be collected and used by people you don't know. While Pooosh strives to protect its user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.
3.9 Pooosh will attempt to deliver all of the e-mail that is addressed to Your e-mail address on Pooosh's Services. However, the nature of e-mail is such that Pooosh cannot guarantee delivery of such e-mail.
3.10 Pooosh encourages parents, teachers and guardians to spend time using Pooosh with their children and to participate in the services offered by Pooosh. No information should be submitted to or posted at Pooosh by minors without the consent of their parent, teacher or guardian.
4. EVOLUTION AND THE NEED FOR FLEXIBILITY
4.1 Some handsets, services or networks may not yet be supported by Pooosh at the time of their launch.
4.2 Certain Network Operators may not have key coverage in place in all areas.
4.3 The Internet in general and the GSM Network in particular are rapidly evolving and Pooosh is in constant development. Pooosh reserves the right to withdraw, update or change these Terms or our Privacy Policy at any time. If you do continue to use Pooosh after a change to the Terms or the Privacy Policy you shall be deemed to have agreed to the relevant variation.
4.4 Over time Pooosh intends to expand the services that you are offered. When a new service is introduced
4.5 Pooosh may impose special terms and conditions on the use of that service.
4.6 Pooosh may set maximum limits or storage duration for the numbers or sizes of SMS / E-Mail messages, postings or other uploaded content stored or sent. These limits may vary over time without notice to you.
5. PRIVACY POLICY
5.1 Pooosh is a communications platform and as such, your information will not be held private unless you elect for such information to be made private by choosing the appropriate options when subscribing for the Pooosh software and entering your personal information into Pooosh.
5.2 What personally identifiable information does Pooosh collect from me?
5.2.1 Pooosh collects information in several ways. Some personal information (such as a name, mobile number and e-mail address) is gathered when you register for the services, and more detailed information is collected for specific purposes. When you are in a section of Pooosh and are asked for personal information, you are sharing that information with Pooosh, its divisions and/or its third party service providers unless it is specifically stated otherwise.
5.2.2 Please be aware that Pooosh advertisers that have links on our site may collect personally identifiable information about you. The information practices of those websites are not covered by this privacy statement.
5.3 Pooosh may send marketing information to users via SMS, MMS or email to inform users of new products and services. Messages are based on previous purchases of Pooosh products. Users wishing not to receive these messages should send the words STOP SMS
.
6. DISCLAIMER
Whilst every effort has been made by Pooosh (Pty) Limited (herein Pooosh ) and its suppliers of information to ensure the proper performance of every service, Pooosh , its affiliated companies, suppliers, or any of their employees do not guarantee the availability of services, content and information offered. In particular we make no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, secure or error free. We will only entertain requests for exchanges, returns and/or refunds at our discretion. Errors will be billed in full. By using Pooosh Services you indemnify and hold us harmless against all or any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind (including direct, indirect special or consequential damages) and whether in action based on contract, negligence or any other action, arising out of or in connection with failure or delay in performance of the Services offered or the use of said Services.
7. SEVERABILITY
If any provision of the Terms is held to be illegal or unenforceable, such provision shall be deemed severable from and shall in no way affect or impair the validity or enforceability of the remaining provisions.
8. HARASSMENT AND DISPUTES
8.1 You may not harass any Member and agree to cease contacting any other Member who has requested you to cease. Should you wish you have the option to block
any Member by selecting the appropriate option on their profile. Blocked
Members will not be able to contact you via the site.
8.2 Pooosh will not become involved in any disputes between Members and does not provide any arbitration or settlement services should a dispute arise between members.
8.3 You alone are responsible for ensuring that your interaction with other Members is lawful. Pooosh advises you that there may be risks of dealing with Members acting under false pretences or with criminal intent.
9. WHOLE AGREEMENT AND GOVERNING LAW
9.1 These terms and conditions constitute the whole agreement between yourself and Pooosh in relation to the subject matter contained herein and Pooosh reserves the right to amend these terms and conditions from time to time by posting such amended terms on its website, http://www.pooosh.net upon which publication, such amended terms and conditions will be deemed to form part of and/or to have amended these tems and conditions.
9.2 The law of the Netherlands governs any action in relation to these terms and conditions and/or your use of the website. In this regard, you consent to the exclusive jurisdiction of the courts of The Hague.
Location Based Services Terms and Conditions
TERMS AND CONDITIONS OF USE
- Please read the following terms and conditions very carefully as your use of the Service as defined below is subject to your acceptance of and compliance with these terms and conditions.
- By accessing and/or using the Service as defined below, you acknowledge that you have read, understood and accepted the following terms and conditions and/or disclaimers.
- Pooosh Cellular (Pty) Ltd reserves the right, in its sole and absolute discretion, to amend the terms and conditions set out herein from time to time and by using the Servicer as defined below, you acknowledge that you will be bound by the terms and conditions as amended from time to time.
- INTERPRETATION AND DEFINITIONS
In these terms and conditions, unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:
4.1. Accuracy – the accuracy within which a mobile phone may be Located using the Service;
4.2. the Acts – collectively, the Electronic Communications and Transactions Act No 25 of 2002, the Interception and Monitoring Prohibition Act No 127 of 1992 and the Regulation of Interception of Communications Act No 70 of 2002, as amended;
4.3. Consent – the consent from a Locatable User, as contemplated in the Electronic Communications and Transactions Act No 25 of 2002, to allow information relating to the Location of a LBS Phone to be sent to the Registered User;
4.4. the Data – the personal data obtained by the Registered User during the course of the provision of the Service by Pooosh;
4.5. the Fees – all fees payable in respect of the Service as may be charged by Pooosh from time to time;
4.6. the iSpy Brand – the brand/name "iSpy", its derivative and/or any other brand that may be used by Pooosh in respect of the Service from time to time;
4.7. Locatable User – the owner or lawful possessor of a LBS Phone who has consented to being Located;
4.8. Locate – the process of locating a LBS Phone by means of the Service and "Located" shall have a corresponding meaning;
4.9. Location – the approximate centre of the cell area that is providing coverage to the LBS Phone;
4.10. LBS Phone – a mobile telephone registered with Pooosh to be Located by the Registered User;
4.11. Location Request – a request submitted by the Registered User to Locate a LBS Phone;
4.12. Misuse – anything that violates the rights or dignity of any party including but not limited to privacy, any intellectual property rights (including but not limited to trade mark or copyright), and any use that could reasonably be interpreted as defamatory, libellous, offensive, discriminatory and/or intimidating;
4.13. Network Operators – the cellular / mobile network operators together with any other telecommunications network and third party supplier involved in providing access to the Service;
4.14. Pooosh – Pooosh Cellular (Proprietary) Limited, Registration Number 2007/001687/07;
4.15. the Registered User – a person wishing to Locate LBS Phone and who has registered with Pooosh for the Service;
4.16. Service – the location based service known as "iSpy" which will inform the Registered User of the Location of a LBS Phone supplied by Pooosh in accordance with these terms and conditions;
4.17. the Website – the website which is owned and operated by Pooosh in connection with Service, including any page, part or element thereof, currently being http://www.pooosh.co.za. - PROVISION OF SERVICE
5.1. Subject to the Registered User paying the Fees, Pooosh agrees to provide the Service to the Registered User.
5.2. The Service shall be provided to the Registered User subject to these terms and conditions.
5.3. Unless otherwise stated by Pooosh in writing or in these terms and conditions, the provision of the Service shall be governed by these terms and conditions only.
5.4. Pooosh shall not be bound by any representations and/or warranties made by any of its employees and/or agents unless confirmed by Pooosh in writing.
5.5. Any advice or recommendation given by Pooosh or its employees or agents to the Registered User or its employees or agents as to the application or use of the Service which is not confirmed in writing by Pooosh is followed or acted upon entirely at the Registered User's own risk. Accordingly Pooosh shall not be liable for any such advice or recommendation which is not so confirmed in writing. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Pooosh shall be subject to correction without any liability on the part of Pooosh.
5.6. The Registered User shall only use the Service to Locate Locatable Users and for no other purpose whatsoever.
5.7. The Registered User shall not make any representation or give any warranty in respect of the Service other than those duly authorised by Pooosh in writing from time to time. - SERVICE TO BE SUPPLIED
6.1. By agreeing to subscribe to the Service the Registered User agrees that upon receipt of a Location Request and provided the Locatable User has given Consent, the Network Operator may provide the Location of a LBS Phone to Pooosh who in turn may then provide that Location to the Registered User.
6.2. The Registered User acknowledges that Pooosh may at any time, and at its own discretion, immediately cease to provide Location information should Pooosh have any reason whatsoever to believe that such Location information is being abused, or is being applied for any illegal purpose.
6.3. In making use of the Service, the Registered User hereby acknowledges, understands and accepts that Pooosh is not acting as an agent or sub-contractor on behalf of the Network Operator, but as the principal contracting agent with the Registered User. - REGISTERED USER'S WARRANTIES AND OBLIGATIONS
7.1. The Registered User shall comply with these terms and conditions at all times in relation to the use of the Service.
7.2. The Registered User warrants that he/she has the authority to subscribe for the Service and is creditworthy and hereby authorises Pooosh to verify his/her legal status and/or his/her creditworthiness and that he/she is over the age of 18
7.3. In accordance with all and any data protection or related or analogous legislation as may be applicable from time to time, the Registered User agrees and it is the Registered User's sole responsibility to:
7.3.1. inform each potential Locatable User;
7.3.1.1. that the Locatable User's LBS Phone has been registered to receive the Service;
7.3.1.2. how the Data will be used, by whom and for what purpose;
7.3.1.3. the times of day the Locatable User will be Located;
7.3.1.4. that the Service is provided by Pooosh and that the Data will be passed from Pooosh to the Registered User;
7.3.1.5. where the LBS Phone may be used by a Locatable User for both personal and business calls;
7.3.1.6. how the Locatable User may disable the LBS Phone to enable the Locatable User to use the LBS Phone without being Located;
7.3.2. obtain the Consent of all potential Locatable Users to be Located by way of the Service; and
7.3.3. ensure all users of the Service and Locatable Users are over the age of 18.
7.4. The Registered User shall not submit any Location requests in respect of any Locatable User unless and until that Locatable User has given the appropriate Consent.
7.5. The Registered User acknowledges that Locatable Users shall have the right to withdraw their Consent at any time and that Pooosh shall be bound to comply with any such withdrawal of Consent with immediate effect.
7.6. The Registered User acknowledges that Accuracy is determined by the density of the cell used to determine Location and that this will vary from cell to cell. The Accuracy of the Service is determined by the Network Operator/s and Pooosh cannot guarantee or be held responsible for the Accuracy of the Service. The Registered User further acknowledges and accepts that quality and coverage of the Service shall be limited to that provided by the Network Operator/s and the Service may, from time to time, be adversely affected by physical features such as buildings, underpass, atmospheric conditions and any other causes of interference.
7.7. The Registered User shall indemnify Pooosh and the Network Operator against all loss, damages, costs and expenses including but not limited to all reasonable legal expenses on a full indemnity basis awarded against or incurred by Pooosh and/or the Network Operator directly or indirectly as a result of:
7.7.1. any Misuse by the Registered User of the Service or any of his/her Locatable Users;
7.7.2. any claim by any Locatable User against Pooosh arising as a result of the Registered User's breach of clauses 7.2, 7.3, 7.4 or 7.5; and/or
7.7.3. otherwise arising out of the Registered User's conduct or the conduct of any Locatable User in using the Service in accordance with information provided by the Registered User. - OBLIGATIONS OF POOOSH
8.1. Pooosh will supply the Service in accordance with Pooosh's current information published on the Website or in any literature published by Pooosh relating to the Service from time to time, subject to these terms and conditions.
8.2. Pooosh will use all reasonable endeavours to prevent Misuse of the Service.
8.3. Pooosh will hold the Location Data securely only for the minimum period necessary to operate the Service.
8.4. Pooosh reserves the right to withhold the Location of a LBS Phone in response to a request from a Locatable User and shall not be held responsible for any impact this may have on the Service or any effect or impact of the same on the Registered User or any body related to the Registered User.
8.5. The specification of the Service, if any, will be that set out in the Website.
8.6. Pooosh reserves the right to make any changes in the specification and/or functionality of the Service which are required to conform to any applicable legislation or which do not materially affect the quality or performance of the Service without notice to the Registered User. - DATA PROTECTION
9.1. Any personal information provided to Pooosh for the purpose of using the Service will be used only for that purpose unless explicitly agreed otherwise with the Registered User.
9.2. Pooosh reserves the right to forward Registered User and/or Locatable Users' personal details to the police or other relevant third parties in order to comply with the law or in relation to any suspected Misuse of the Service. - CONSENT OF THE LOCATABLE USER
10.1. Without derogating from or limiting the Registered User's obligations referred to in these terms and conditions, Pooosh shall contact all Locatable Users directly by sms to obtain their Consent to be Located. Pooosh shall not be held liable for any failure by Locatable Users to provide valid Consent.
10.2. Locatable Users will be given the option to opt out of the Service at any time.
10.3. Pooosh shall comply with all requests submitted by Locatable Users to withdraw from the Service and may notify the Registered User of such withdrawal.
10.4. Notwithstanding the provisions of this clause, the Registered User shall be solely responsible for separately obtaining Consent from each potential Locatable User for each LBS Phone and confirming and providing evidence of such Consent to Pooosh. Pooosh shall have no liability or responsibility in this respect and shall not be liable for any failure by the Registered User to obtain such Consent or any claim whatsoever arising as a result of the Registered User's failure to obtain such Consent. - FEES
11.1. The Registered User shall pay the Fees as laid out in Pooosh' tariff schedule.
11.2. Pooosh shall in its sole and absolute discretion be entitled to alter the Fees from time to time;
11.3. Unless indicated otherwise, all Fees shall be inclusive of value added tax.
11.4. If the Registered User fails to pay the Fees in accordance with Pooosh's tariff schedule and any applicable terms then, without prejudice to any other right or remedy available to Pooosh, Pooosh shall be entitled to suspend any further supply of the Service to the Registered User.
11.5. All user complaints will be handled by Pooosh on a case by case basis and no cash refunds shall be given by Pooosh. Refunds will be given by means of free transactions for the relevant service offered by Pooosh to the value equivalent to the refund. - NON-LIABILITY AND INDEMNITY
12.1. Pooosh shall not be liable to the Registered User for any losses, expenses, costs or damages of whatsoever nature incurred by the Registered User, arising directly or indirectly out of or in consequence of a breach of these terms and conditions or the use or non-availability of the Service irrespective of the cause thereof, and the Registered User accordingly hereby fully and effectually indemnifies and holds Pooosh harmless against any claim, costs, expense, loss or damages that the Registered User or the Locatable User or any other party may incur or suffer in regard thereto.
12.2. Time of supply of the Service to the Registered User by Pooosh shall not be of the essence. Pooosh shall not be liable to the Registered User or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of Pooosh's obligations in relation to the Service if the delay or failure was due to any cause beyond Pooosh's reasonable control including but not limited to:
12.2.1. the withdrawal by a Locatable User of or failure to provide their Consent to be Located at any time;
12.2.2. the lack of Accuracy of any Location;
12.2.3. any Misuse of the Service or use otherwise than in accordance with these terms and conditions; or
12.2.4. any failure by the Registered User to obtain Consent from any Locatable User.
12.3. Pooosh shall not be liable to the Registered User by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, for any indirect, special or consequential loss or damage (whether for loss of profit, use, contract, goodwill or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Pooosh, its employees, agents or otherwise) which arise out of or in connection with the supply of the Service or its use by the Registered User or Locatable Users.
12.4. The entire liability of Pooosh under or in connection with the Service shall not exceed the price of the Fees paid by the Registered User.
12.5. Pooosh reserves the right to discontinue the Service at any time and for any reason whatsoever without notice to the Registered User. - WARRANTIES AND LIABILITY
13.1. Subject as expressly provided in these terms and conditions all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
13.2. Where any valid claim in respect of any of the Products which is based on any fault in the Service or its failure to meet specification is notified to Pooosh in accordance with these terms and conditions, Pooosh shall be entitled at its sole discretion to refund the Registered User some or all of the Fees. - INTELLECTUAL PROPERTY
The Registered User agrees not to use any trademarks, trade names and/or brands resembling the iSpy Brand as would be likely to cause deception or confusion. The Registered User agrees not to register, use or permit the use of the iSpy Brand or any of the Intellectual Property Rights used by Pooosh in relation to the Service without the prior written consent of Pooosh. The Registered User acknowledges and agrees that it shall not acquire any rights in respect of the Intellectual Property Rights and that all such rights and goodwill are and shall remain vested in Pooosh. - SECURITY POLICY
15.1. Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
15.2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
15.3. The Merchant does not have access to credit details.
15.4. Virtual Card Services continually reviews and enhances its security in line with technological changes. - APPLICATION OF THE ACTS
Pooosh shall use its reasonable endeavours to ensure that the Service and/or any personal information held in relation to the Service are kept secure and all services provided comply with the Acts. Notwithstanding the aforegoing and any contrary provision contained in these terms and conditions, Pooosh shall not be liable for any damage, loss or injury resulting from any party that attempts to and/or gain unauthorised access to a LBS Phone and use the Service without authorization and/or in a manner for which it was not intended. - COMPLAINTS, QUERIES AND ARBITRATION
Any complaints and/or queries which the Registered User may have should be directed to (JavaScript must be enabled to view this email address) or such other number or email address as may appear from the Website from time to time. If the complaint cannot be resolved by Pooosh within 14 (fourteen) business days from date of receipt of the complaint and/or query, either party may refer the dispute to arbitration. The parties agree that the arbitration will be held as an "expedited arbitration" in South Africa in accordance with the then current rules for expedited arbitration of the Arbitration Foundation of Southern Africa ("AFSA") by one arbitrator appointed by agreement between the Parties. If the Parties cannot agree on the identity of the arbitrator within a period of 10 (ten) business days after the referral of the dispute to arbitration, the arbitrator shall be appointed by the Secretariat of AFSA. Both the Registered User and Pooosh shall keep the fact that a dispute has arisen, the record of the arbitration proceedings as well as the arbitrator's decision, confidential. The provisions of this clause shall not preclude any party from access to an appropriate court of law for interim or other appropriate relief in respect of urgent matters by way of an interdict, or mandamus or collecting outstanding debts due by the Registered User. - GENERAL
The Registered User acknowledges and agrees that:
18.1. these terms and conditions constitute the entire contract between the Registered User and Pooosh and that no provisions, terms, conditions, stipulations, warranties or representations of whatsoever nature, whether express or implied have been made by Pooosh or on its behalf except as are recorded herein;
18.2. no relaxation, extension of time, latitude or indulgence which Pooosh may show, grant or allow to the Registered User shall in any way constitute a waiver by Pooosh of any of its rights in terms of these terms and conditions and Pooosh shall not thereby be prejudiced or estopped from exercising any of its rights against the Registered User which may have then already arisen or which may arise thereafter;
18.3. he/she may not cede, assign or delegate, or otherwise transfer any of his/her rights or obligations in terms of these terms and conditions without Pooosh's prior written consent;
18.4. no alteration, variation or amendment of these terms and conditions shall be of any force or effect unless incorporated herein. The Registered User undertakes to read these terms and conditions every time he/she uses the Service to familiarise himself/herself with the amendments effected, if any;
18.5. if any provision in these terms and conditions is found to be invalid or unenforceable in whole or in part, the remainder of the terms and conditions will remain enforceable;
18.6. unless specified otherwise, the Service is intended for use in the Republic of South Africa;
18.7. the laws of the Republic of South Africa will govern all terms and conditions of the Service and the Registered User consents and submits to the jurisdiction of the courts of the Republic of South Africa in respect of any dispute arising out of use of this Service;
18.8. any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
