Consumer Terms & Conditions of use.
Definitions Within these Terms and Conditions the words:
"You/your/consumer" means you the user;
"we/us/our’s" means MPG(SA)and any associated company or subsidiary, including but not limited to all other members of the MPG(SA) Group of companies ,associates, and where appropriate any suppliers;
"Services" Means all the MPG (SA) service offerings, available through various channels: SMS and other messaging services, and those available on the web; content and search facilities, directory services, personal web space, email, and newsgroups.
“MPG (SA) “means My Price Guru SA (Pty) Ltd
"Contact Details" means your name, address (whether at work or at home), e-mail address and telephone numbers (whether mobile, work or home) which you have provided to us;
"User Information" means the Contact Details and other personal information including any later amendments or corrections made by you or information learned by us while you are using any of the MPG platforms and service or when participating in competitions.
"Users" means the users of the Services collectively;
“Vendor “means prospective service provider, advertiser or contributor to the service.
1. Your Personal Information
1.2 You should be aware that:
(a) We may wish to send you further offers or information by mailshot, SMS text, WAP Push, email or telephone. We may want to pass your contact details to carefully selected companies both within and outside the South African Economic Area who may want to send you offers and information which may be of interest to you. If you wish not to receive these please use the mechanisms provided on the website; such as, to e-mail us at firstname.lastname@example.org. Due to possible delays, you may still receive promotional material from us up to two months after your notification.
(b) If we are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide your User Information provided on registration of the Services and/or information concerning your activities whilst using the Services we shall do so without first notifying you. Similarly, we will disclose your User Information and/or details of your use of the Services if we are compelled to do so by law without first notifying you;
(c) We reserve the right in our reasonable discretion and without prior notice to you to disclose details of your use of the Services to a person who makes a complaint or allegation in connection with your use, or the use of anyone under your control of the Services whether in connection with the matters set out in Clause 4 of these Terms and Conditions or otherwise. We reserve the right to disclose your Contact Details and details of your use of the Services in such circumstances whether or not we are named as a party or a witness in any threatened or pending legal proceedings.
2. Disclaimer of Warranties
2.1 The Services are provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Services, including but not limited to, implied warranties or conditions of completeness, accuracy or currency.
2.2 To the fullest extent permitted by law we make no warranty that we or the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.
2.3 To the fullest extent permitted by law we give no warranty as to results or the accuracy of any information obtained through the Services.
2.4 To the fullest extent permitted by law we make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into or through it.
2.5 You should not act upon advice which needs individual interpretation without first consulting a suitably qualified practitioner.
2.6 You use the Services entirely at your own risk. We (including all group companies, our and their respective agents, employees and sub-contractors) shall not be liable to you or any other party for any losses or damages whatsoever howsoever arising in connection with the Services (whether under this license or other contract or in consequence of any misrepresentation, misstatement or in tort or any omission including negligence). This does not affect your statutory rights.
3. Limitation of Liability
3.1 Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or any other liability which is prohibited from being excluded by law.
3.2 You acknowledge that we may not have control over the information which can be accessed by you using the Services and that we do not know or examine the use to which you or other Users put the Services or the nature of the information you or other Users are sending or uploading. Subject to Clause 3.1 above, we therefore exclude all liability of any kind for the transmission or reception of such information of whatever nature by or to you.
3.3 Subject to Clause 3.1 above
(a) We exclude all liability of any kind for the information or any other material published or otherwise made available by you or any other User or person on any website you establish using the Services; and
(b) We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever howsoever arising from or in any way connected with your use of the Services or accessing other websites from it, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been notified by you of the possibility of such loss or damage).
3 4. Transactions between Vendors and Consumers
3.4.1 MPG (SA) provides an internet and mobile based platform for generating leads, exchanging information and concluding sale and purchase transactions of products and services between vendors and consumers like yourself.
3.4.2 MPG (SA) reserves the right to limit certain features and functions of the platform to prescribed Vendors and consumers. Despite the provision of the platform, MPG (SA) does not represent the Vendor or the Consumer in specific transactions whether or not such transactions are made on or via the platform.
3.4.3 At all times MPG(SA) will be seen as a conduit for the business between the Vendor and the Consumer and the Vendor shall be seen to be the seller and the Consumer will be seen to be the buyer.MPG (SA)does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale by the Vendor on the platform or the ability of the Vendor to complete a sale or the ability of a consumer to complete a purchase.
3.4.4 Each Vendor agrees that MPG (SA) shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as result of or in connection with any Transaction.
3.4.5 Vendors and Consumers are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of the use of the MPG platform.
3.4.6 In the event that any Vendor or Consumer has a dispute with any party to a transaction, such Consumer or Vendor agrees to release and indemnify MPG (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute.
3.4.7 Each Consumer acknowledges that MPG(SA) does not pre-screen content but that MPG(SA) shall have the right (though not the obligation) in its sole discretion to move, modify or remove any content that is posted or uploaded on the Platform that it deems to be unsuitable for publication.
3.4.8 All information and/or other content posted on the MPG(SA) Platform by Vendors , Consumers, third parties or the MPG(SA) Call Centre Team is supplied for information purposes only and shall not under any circumstances be construed as a legal and binding offer.
4. Your Obligations
4.1 You warrant that:
(a) the User Information which you are required to provide when you register as a User is true, accurate, current and complete in all respects; and
(b) You agree to notify us immediately of any changes to the User Information by updating your profile or emailing us at email@example.com.
4.2 You are responsible for obtaining all necessary consents and permissions to use this website and access the Services offered and agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
4.3 You must choose a username and password. You are then entirely responsible for maintaining the confidentiality of your username, password and account and are fully responsible for all activities, which occur under them during your use of them. Other Users of your username and password shall be bound by these Terms and Conditions as if they were you. You agree to notify us immediately of any unauthorised use of your username or password or any other breach of security of which you become aware.
4.4 Subject to Clause 14 below, we reserve the right to terminate your account (including User name and password) and to re-use any e-mail or other communication address issued to you by us.
4.5 You acknowledge, accept and agree that you:
(a) are responsible for procuring the necessary equipment to access and use the Services;
(b) are responsible for any content you transfer through the Services (including, but not limited to, email, web pages, newsgroups or chat Services;
(c) will use the Services only in accordance with all relevant laws and not for any illegal purpose;
(d) must not use the Services to distribute by any means computer viruses, macro viruses, trojan horses or worms to third parties;
(e) must not use the Services to transmit or post any material which is unlawful, harassing, libellous, invasive of privacy, abusive, threatening, harmful, vulgar, defamatory, offensive, or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety. The prank attack or any joke services provided are strictly intended as a service that should be used as entertainment only. Please ensure that anyone that you send these to are friends and will not be offended or suffer undue alarm;
(f) must not use the Services such that you cause the whole or part of the Services to be interrupted, damaged, rendered less efficient or to in any way impair effectiveness or functionality of the Services;
(g) must not use the Services in any manner which constitutes a violation or infringement of any person, firm or company or its rights (including, but not limited to, third party intellectual property rights or confidentiality);
(h) must not use the Services to attempt any unauthorised access to any part or component of the Services or that of any third party;
(i) in the event that you have any right, claim or action against any User arising out of the use of the Services, then you will pursue such right, claim or action independently of and without recourse to us;
(j) must not carry out or participate in or promote or facilitate the carrying out or participation in any of the following:
i) sending unsolicited junk-mail or bulk email or spamming or commercial or non-commercial purposes;
ii) sending chain letters or pyramid-selling schemes;
iii) sending mail bombs (i.e. sending either many emails or very large emails with the intention of annoying the recipient or to cause the systems of an internet service provider to fail on receipt of such emails);
iv) altering or damaging the Services or our systems or those of related parties, or blocking our or their access to the Internet;
v) forging or blocking headers and/or addresses or any other action the purpose of which is to hide your true identity or discredit a third party;
vi) subscribing third parties to subscription based or other email lists unless you have express permission to do so;
vii) posting binaries (i.e. data such as images, sound clips, etc.) to newsgroups except those specifically created for binary postings; and
viii) the collection of User/third party emails for the purposes of third party supply, database collation or direct marketing.
4.6 The Services are intended to appeal to a wide range of audience and as such not all of the Services are suitable for use by children. Parents and guardians are reminded of the importance of supervising young children's use of the Services. Parents or guardians of children shall be responsible for the actions of any such children.
4.7 You acknowledge and accept that you only have a personal non-exclusive non-transferrable licence to use and access the materials on the Service to search, view, copy and print out materials for your own use only according to the terms of this agreement and that you may not use any materials in whole or in part for commercial exploitation without prior written permission from us. Without prejudice to any of the remedies or recourses MPG (SA) may have for the unauthorised assignment, transfer or use of the Service, all revenues derived by you from such unauthorised assignment, transfer or use shall belong solely to MPG (SA). You shall report any violations of these Terms and Conditions to firstname.lastname@example.org.
4.8 You understand that we may provide extra services or attributes to the Services that are subject to charge.
You agree to indemnify us and our and their officers, directors and employees in full and immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you or any other person who may be authorised by you or for whom you are responsible or any other liabilities arising out of your use or the use by any person who may be authorised by you or for whom you are responsible.
6. Our Rights
6.1 We reserve the right to:
(a) charge for error messages sent by us to you as a result of any incorrect or incomplete details sent to us by you which prevents us from delivering the requested Service to you and for which we have to notify you of such non-delivery. Therefore you are advised to follow the instructions carefully;
(b) deny access to all or any part of the Services if the telephone calling line identification is blocked from the telephone line which you use to access the Services;
(c) close access to any features of the Services if your use of that feature is deemed excessive (i.e. leaving large volumes of email on the central servers) and against the interests of other Users of the Services;
(d) modify or discontinue, temporarily or permanently the Services with or without notice to you;
(e) suspend or deny access to all or any part of any e-mail or other communication address issued to you by us, web space or home page at any time without notice if we believe or receive a complaint or are made aware of a complaint related to the content or use thereof;
6.2 You confirm that we shall not be liable to you or any third party for any modification to or discontinuance of the Services.
7. Mobile Games
8.1 Refunds will not be given if you select content that is not compatible with your phone. Please be sure to check you are ordering the correct content for your phone before you buy.
8.2 WAP is required: Refunds cannot be given if you purchased mobile content without first checking if your mobile phone can handle WAP, has a data enabled SIM card and has been configured correctly.
8.3 Refunds cannot be given if you purchased mobile content and did not receive it as a result of your SMS inbox being full.
8. Dealings with Advertisers
Your correspondence with, or participation in promotions of, advertisers or merchants found on or via the Services, including payment for and delivery of related goods, services and any other terms and conditions, conditions, warranties or representations, associated with such dealings, are solely between you and such advertiser or merchant. You agree not to hold us liable for any loss or damage of any sort incurred whether directly or indirectly as the result of any such dealings or as the result of the presence of such advertisers or merchants on the Services.
10.1 Competitions are open to residents of South Africa only and all entries must be made in the English language.
10.2 Anyone working for us or any family members or associates are prohibited from entering any competitions and also any company or any professional and/or commercial entry are similarly prohibited from entering.
10.3 No cash alternative is available to any prize unless expressly stated otherwise.
10.4 The closing date for any competition is as stated on the entry form. The judges cannot accept responsibility for late entries.
10.5 Entrants expressly declare that they do understand these Terms and Conditions and are duly authorized to participate in the competition.
10.6 The editors and/or judges decision will be final. We will not enter into correspondence.
10.8 Multiple winners may be subject to tie-break to decide an outright winner.
10.9 Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
10.10 Winners under 18 years old require permission from a parent/guardian to take the prize and any winner may be required to submit proof of age or prove ownership on authorised use of phone.
10.11 Prize is non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-drawn/next highest score etc.
10.12 We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration and responsibility will not be accepted for undelivered, lost or delayed text messages or postal entries nor for any network errors for which there may be delays during peak time. Proof of sending is not proof of receipt. Technical or ineligible errors will void entries.
10.13 If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and there are no refunds for abortive games. Your statutory rights are unaffected.
10.14 Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, displayed to the public by us or any company connected with the promotion. This will be in the form of the winner's name and city of origin. Entrants agree that we are the owner of the entire copyright, whether now existing or howsoever, arising in the future, including all the rights throughout the universe to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed ('Exploitation Rights') to be exercised in our sole discretion throughout the world for the full term of copyright and other rights and all renewable and extension thereof including for the avoidance of doubt the right to register any design rights and/or trademarks.
10.15 Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright and patents act and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein.
We may provide you with or include in emails to you links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on such external websites or resources.
11. Intellectual Property and Right to Use
11.1 You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, images, video, audio clips, games etc. presented to you through the Services or advertisers site whether in whole or in part is protected by local and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws and is owned or licensed to us and is vested in us or our licensors.
11.2 The material and content contained within the Services is for your personal use only and you agree not to (and agree not to assist or facilitate any third party to) modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute, commercially exploit or create derivative works of such material and content whether in whole or in part belonging to MPG (SA) or any third party proprietary rights and intellectual property except as provided for on the website or expressly authorised in writing by MPG (SA . All rights are reserved.
13.3 All copies or print outs of this website must include the copyright notice “MPG (SA) ".
13.4 If you become aware of any such distribution or commercial exploitation you will let BEE Mobile know immediately.
13.5 We have no knowledge of any infringement of copyright on our site, or in the products we provide. However, if you believe we have infringed your copyright or trademark, please contact us at email@example.com so we can remove the offending material or rectify the situation as soon as possible.
12.1 You agree that we may terminate your account (including your username and password) and delete or re-use any e-mail or other communication address issued to you by us and delete all emails, web space and other data stored on the Services by you or on your behalf if:
(a) We believe that you have breached these Terms and Conditions or acted inconsistently with the spirit of them.
(b) You fail to use the Services or any part of the Services at least once during a consecutive 90 day period.
(c) You acknowledge that we do not have to give you prior notice of any such termination
Any notice which we are required to give to you regarding the Services shall be made via SMS, email or regular mail, to the address provided by you in your User Information or the last update thereof provided by you in your User Information or the last update thereof provided by you. We shall not be liable for any failure to deliver any notice to you where we have complied with this clause.
Each provision of these Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
15. No Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
16. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation and may be amended only by us on notice to you in accordance with Clause 16 (Notices) above.
Nothing in this Agreement shall constitute, or be deemed to constitute a partnership, joint venture, representative or agency relationship between you and us.
The section titles contained in these Terms and Conditions are for convenience only and have no legal or contractual effect.
19. Applicable Law
19.1 MPG (SA) from its office in South Africa controls this website (the "Territory"). By accessing this website, you accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in the Territory in accordance with South African law (except any principle of conflict of laws inconsistent with this requirement).
19.2 This website may be accessed throughout the Territory and overseas. MPG (SA) makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside the Territory. If you access this website from outside of the Territory, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
20. Postal Contact Details
My Price Guru SA (PTY) LTD, P.O. Box 378, Cape Town, 8000, Cape Town, South Africa
Copyright© MPG (SA). All Rights Reserved
"us/"our" means MPG (SA) and its associated companies.
2. Personal Information you enter equals consent to use.
2.1. We ask for certain information from you so that we can provide you with the best content and Services we can. That is, content and Services you want to see and hear.
3. Use of Your Personal Information
3.1. We and our commercial partners may use your personal data for billing purposes or in order to serve relevant advertising to you. We may send you information, special offers and advertising by email, through SMS, within our regular newsletters, through one-off promotional offers or by telephone.
3.2. We may also sell, trade or license your personal information to trustworthy third parties (who may be located outside the South African Economic Area in order to enable them to offer goods and Services that they think will interest you. By submitting your personal details, you consent to this transfer.
3.3. We may receive information about you from reliable third parties and add it to our database. We shall ensure that such third parties operate a similar ethical policy to us in relation to your privacy. When we receive such information, we shall use it to improve the personalisation of our service.
3.4. If you wish us not to use your information as set out in clause 3.2 above or not to receive the information as set out in clause 3.3 above then please email us at firstname.lastname@example.org.
4. Feedback and Complaints
If You have any questions or comments about our privacy issues, or if you have a complaint about how we are using your data, then please use the mechanisms provided on the website; such as to email us at email@example.com
5. Shopping and Competitions
5.1. If you buy any products from us we will need your name, e-mail address, delivery address, credit card number and expiry date to process that order. We will also take your telephone number so that we can contact you in the event of any problems with this order and we may give this number to couriers who deliver the order. This information may be used for commercial purposes and to add to our knowledge of your likes and dislikes.
5.2. When you enter a competition or other promotional feature, we will take your name and e-mail address so that we can notify you if you have won. We will require your address to deliver any prizes you win. We may use this personal data in the same way as explained in clause 5.1 above. You may unsubscribe at any time by emailing firstname.lastname@example.org If you win a competition or other promotional feature, then we may post your name and town in any of our associated publications.
6.1. By signing up and making use of any of the MPG Services you agree that we may send you emails, call you or we may send information to your mobile using SMS messages. If you do not want to receive the Services, then please do not complete the registration forms.
6.2. The SMS messages may give you an option to request further information via a phone line or through another SMS message. If you make such a request, the telephone line option will be charged at the relevant premium rate, depending on country of call and mobile operator. The SMS charge will be at the relevant standard or premium rate. Please note THERE IS NO OBLIGATION ON YOU TO MAKE SUCH A REQUEST. The service may include: News flashes, competitions, ringtones, special offers and other commercial messages.
6.3. To unsubscribe from any of MPG (SA), Services, simply click on the relevant link in your welcome email or send an email to email@example.com
6.4. For legal reasons, we will keep details of your account for 12 months or as otherwise required by law after you unsubscribe. This is in case you have cause to complain to us for any infringement of your rights or under our legal obligations with regard to copyright issues
7. Aggregated Data
We may disclose anonymised data (which will obviously involve us processing your data to anonymise it) to trustworthy third parties. Although you will not be identifiable by such data, it is possible that such data may be processed by such third parties so that you may then become identifiable.
8. Business Transfers
As we develop our business, it is possible that we may buy or sell assets. In the event that BEE Mobile or substantially all of its assets are acquired, then your personal information will be one of the transferred assets.
9. Information Protection
We protect personal information by establishing appropriate physical, electronic and managerial procedures to safeguard the personal information we collect from you. This helps prevent unauthorised access, maintains data accuracy and ensures that the personal information is used correctly. In order to carry out these security procedures, we may sometimes ask for proof of identity before we disclose personal information to you.
A cookie is a piece of information that is deposited by our computer server when you visit our website which is stored on your computer's hard drive by your web browser. On revisiting the website, our computer server will recognise the cookies, giving us information about your last visit. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may still use most of the features of our website, including purchasing items.
11. Data Profiles
We also utilise a personal profile page, which enables you to update your personal information at any time. This allows us to maintain accurate and up-to-date personal data. We conduct research on our user's demographics, interests and behaviour based on the information provided to us upon registration, during a promotion, from our server log files or from surveys. We do this to better understand and serve our users. You have the right to require its correction or removal from our records at any time. If you wish to be deleted from our database entirely then please use the mechanisms provided on the website, or e-mail us at firstname.lastname@example.org
12. IP addresses
Every time you connect to our website we store web server logs which show your IP address (the unique number which your machine uses when it is connected to the Internet); what you looked at; whether the page request was successful or not, and which browser you used to view the pages. The use of this data is strictly for statistical purposes and personalisation purposes only. This helps us understand which areas of the site are of particular interest and also which pages are not being requested. It also tells us how many hits and page requests we get.
13.1. We comply with the data protection laws of the countries in which we operate.
13.2. We reserve the right to access and disclose your personal data to comply with applicable laws and lawful government requests, to operate our systems properly or to protect our users. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use on our website(s) and that use is deemed inconsistent with our terms and conditions.
MPG SA (PTY) LTD, P.O. Box 378, Cape Town, 8000, Cape Town, South Africa