Disclaimer

IMPORTANT NOTICE: The services and information (the "services") available on this website are not targeted at users outside of the Republic of South Africa. Users may be granted access to the services once we are satisfied that such access would not be in breach of the relevant laws of the jurisdiction in which the applicant is resident, registered or domiciled.

Conditions of use


  1. Acceptance

These conditions become effective when you access the site for the first time and constitute a binding agreement between us (adumo Payouts South Africa (Pty) Ltd) and yourself. The current version of these conditions will govern our respective rights and obligations each time you access this site.


  1. Online Services

Our online products and services (online services) are subject to registration procedures and approvals, which we may accept or reject at our sole discretion.

These online services are governed by separate terms and conditions (service terms) that are available on the relevant sections of this site where the online services are provided. In the event of conflict between these conditions and the service terms, the provisions of the service terms will apply.


  1. Nature of information on the site

The information on this site is intended only to provide you with the ability to place orders for products and services, obtain quotes and tax invoices, and load and manage your gift and incentive cards.


  1. Your privacy and security

Our commitment to your privacy and the security of your personal information is outlined in our privacy and security statement.


  1. Amendments to these conditions

We may amend these conditions from time to time. By accessing this site you are bound to the version of the conditions published here at the time of any visit to this site. You agree to view the current version each time you access the site.


  1. Linked third-party sites

This site may contain links to other websites with information and material produced by other parties. While we try to provide links only to reputable websites, we cannot accept responsibility or liability for the information provided on other websites. A link from our site to any other website does not mean that we have scrutinised, or endorsed the owners or administrators of the websites, or their business or security practices and operations.


  1. Permissions for hyperlinks, deep linking, crawlers and metatags

Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise collectively referred to as linking) to this site or any subsidiary pages before receiving our prior written approval, which may be withheld or granted subject to the conditions we specify from time to time.

An application for linking must be submitted to www.adumo.com. Once received we will do our best to respond and enter into further discussions with you. If you don't get a written response from us within five (5) business days, you may consider your request as having been rejected.

Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.


  1. Our intellectual property

We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the site. You are authorised to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:


    • the material is used for considering use of the online services and for no other commercial
    • any reproduction of our proprietary material from this site or portion of it must include our copyright notice in its entirety.


The logos and trademarks shown on this site are our registered and unregistered trademarks, or that of third parties. Nothing on this site should be construed as granting any license or right to use any trademark without our prior written permission, and/or that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property or that of third parties for any other purposes. An application to use our intellectual property must be submitted to www.adumo.com. Upon receiving your application we will do our best to respond and enter into further discussions with you. If you don't get a written response from us within five (5) business days, consider your request as having been.

Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the site, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.


  1. Software

You are required to use and maintain hardware and software of sufficient quality and performance capability and to use only the latest versions of Microsoft Internet Explorer and Netscape browsers.

Your failure to use these browsers may result in a higher security risk and/or cause some, or all of the functionality of the site not to operate properly or at all.

Software, if any, made available for download on or via our site is governed by license conditions that establish a legal relationship with the licensor. You indemnify us against any breach of these license conditions.

We give no warranty and make no representation, whether express or implied, as to the quality or fitness for purpose of the use of such software.

No warranty, whether express or implied, is given that any files, downloads or applications available via this site are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your computer, database, network or other information system.


  1. Transmission of information

Information transmitted via an unsecured link over the Internet, including email, is susceptible to potential unlawful access, distortion or monitoring. The measures we have taken to limit these risks are outlined in our privacy and security statement. As we do not have the ability to prevent unlawful activities by unscrupulous persons, you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result. To limit these risks, we may request independent verification of any information transmitted by you via the site or email from time to time.


  1. No warranties or representations

We do not warrant that the site or online services will be error-free, or will meet any particular criteria of accuracy, completeness, or reliability of information, performance or quality.

We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, year 2000-compliance, non-infringement, compatibility, security and accuracy.


  1. Disclaimer and limitation of liability

Although we have taken care to ensure that the content on this site is accurate and that you suffer no loss or damage as a result of your use of this site, this site and the online services are provided "as is".

Use of this site and the online services is entirely at your own risk. You assume full responsibility for the risk or loss resulting from your use of this site and your reliance on the material and information contained on it.

We and our affiliates, shareholders, agents, consultants or employees are not liable for any damages whatsoever relating to your use of this site, the online services, the information contained on this site, your inability to use this site or the online services. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.

Without derogating from the generality of the above, we will not be liable for:


    • Any interruption, malfunction, downtime or other failure of the site or online services, our system, databases or any of its components, for whatever reason
    • Any loss or damage arising from your orders,or purchases on this site
    • Any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects; negligence on our part or caused by the year 2000 computer problem
    • Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers (currently telkom), internet service providers, electricity suppliers (currently eskom), local authorities and certification authorities
    • Any other event over which we have no direct control.
    • How disputes will be resolved

Subject to the relevant service terms, all disputes arising as a result of your use of the site or on the interpretation of these conditions, or on any matter which in terms of the conditions requires agreement by the parties, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.

That arbitration will be held with only the parties and their representatives present at the offices of the Arbitration Foundation of Southern Africa, Sandton, Gauteng, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation in terms of South African law, and will be heard by an arbitrator or arbitrators appointed by the foundation.

Either party will be entitled to have the award made an order of court of competent jurisdiction. The parties will keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated. The arbitrator will have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.


    • Capacity to enter into agreements

You hereby warrant to us that you have the required legal capacity to enter into and be bound by contractual terms. Minors must be assisted by their legal guardians when reading these conditions. If you are unsure whether you have the legal capacity to enter into agreements, contact someone able to provide you with this information before you continue using this site.


    • The law governing our relationship

The conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions.


    • General provisions

The headings of the clauses in the conditions are provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify the terms of the conditions.

Where any dates or times need to be calculated in terms of the conditions, the international standard time: GMT plus two hours shall be used.

No failure or delay by us to exercise any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these conditions or prejudice our right to take subsequent action against you.

If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable; such term, condition or provision will be deleted from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law.

If you have any questions or do not understand anything in these conditions, please send an email to www.adumo.com and we will respond to you as soon as possible.

 

Privacy and security

 


  1. How we use the personal and client information we collect

We need to collect personal, clients' or other information if we are to meet our obligations to you, to follow your instructions, to inform you of new services, and to ensure that our business is geared towards your needs.


  1. Use of technology to monitor your use of our website

We gather and analyse information on our visitors' routine use of this website. We use this information to monitor which areas of the website are most frequently visited, to assist us to continue developing a value-added service. This information is pooled so individual personal information, behaviour, or patterns cannot be identified.


  1. Cookies

On some parts of our website we use so-called "cookie" technology. Cookie technology consists of small pieces of data or a small text file which is given to your browser by our webserver when you visit our website. This data is stored on your browser. The cookie is sent back to our webserver each time you visit our website. Cookies are not computer programs and do not run on a computer like programs do. They cannot gather information or function on their own. They cannot collect any personal information about you or your machine and cannot gather data or information about what you do on the Internet. Cookies merely enable us to provide a more valuable online experience to you. While you can set up your Internet browser to disable cookie technology, we do not recommend that you do this since some parts of this website and our online services may not function properly, or at all.


  1. Mail, email or SMS promotions

Provided that you have agreed to this, we may use your personal or other information to send you information on new services or products that may be of interest to you and from time to time will mail, email or SMS information to you about us, our products and services, or our partners and their products or services. If you do not wish to continue receiving this information you may contact us and we will remove you from our mailing list.


  1. Third parties

Whenever we commission other organizations to provide support services to us, we will bind them to our privacy policies as far as they may be required to have access to our clients' personal information to perform such services.

Our website may contain links to or from other sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the security or privacy practices employed by other sites. We recommend that you always read the privacy and security statements on such sites.


  1. When we will disclose personal Information without consent
  2. We will not disclose personal information to anyone outside of adumo Payouts without your permission unless:
    • we are compelled to do so by law, or in terms of a court order
    • it is in the public interest to do so
    • it is necessary to protect our rights.
  3. Storing personal information

Personal information we collect via the website is stored in a secure environment and is not available to any person outside adumo Payouts .


  1. Our security practices

We are committed to providing secure online services. As such, all interactions with our transactional sites are protected through encryption that complies with international standards. Encryption is used to protect the transmission of your personal information when completing online application forms.

Our Internet servers are protected by firewalls and intrusion detection systems. Access to information on these servers is restricted to authorized personnel only.

We have also employed the services of independent security experts to test and advise us on the security of our systems. To ensure that you benefit from our security you should read the security tips we post on our site from time to time.


  1. Privacy and security statements applying to specific online services

Different online services and adumo Payouts entities may have their own privacy and security policies because the nature of their service or products demand a deviation from our general policy. These specific policies will apply to and exclusively govern your use of the particular online service.


  1. Right to amend this privacy and security statement

We reserve the right to amend this privacy and security statement at any time. All amendments to this privacy and security statement will be posted on the website. Unless otherwise stated, the current version shall supersede and replace all previous versions of this privacy and security statement.

If you have any questions about this privacy and security statements please email us on www.adumo.com.