INTRODUCTION

These Terms of Use (“Terms”), together with any and all other documents referred to herein, set out the terms of use under which you may use the Sendhome application and forms a legally binding contract between you and Sendhome Limited.  Please read these Terms carefully and ensure that you understand them. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms, you must stop using Sendhome immediately.

The use of the Sendhome App is licensed to you on the basis of these Terms and your use of this Sendhome mobile application is also subject to any rules or policies applied by any application store provider or operator (“Appstore Rules”) from whose website you downloaded the Application (“Appstore”). We do not sell Sendhome to you under these Terms and we remain the owner of Sendhome at all times.

1. DEFINITIONS AND INTERPRETATION

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

“Sendhome App/Sendhome ”   means the Sendhome remittances mobile application, software and associated media made available by Sendhome and Peterson Tengende to Users for communicating data, text, audio and video, with compatible mobile devices and for receiving advertisements, incentives and other Applets.

“Applets”                 means unique services that Users are given access to within the App. These include: remittances, cross-border payments, mobile wallet account services, streaming or on-demand services and.other value add services.

“Applicable Law”  means the law applicable to a User and/or the Services in the country of residence of the User as set out in Clause 19;

“Account”               means an account required for a User to be given the access to and make use of the Sendhome App, as detailed in Clause 4;

“Content”                means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a mobile device that appears on, or forms part of the Services;

“Post”                      means a post on the Sendhome application (and includes any and all Content in such posts including, but not limited to, messages, images, photos, art work, videos, music;

“Services”                means the Sendhome messaging functionality(s) and platform, features, services that are made available within the Sendhome application or the Sendhome website(s) (together, “Services”).

“User”                               means a user of Sendhome;

“User Content”     means any and all Content submitted by Users on the Sendhome application or our website, including, but not limited to, messages, images, photos, art work, videos, music messages, videos, images of user Content .

“We/Us/Our”        means Sendhome Limited (“Sendhome”), a company registered in South Africa, under registration number 2019 / 458783 / 07, whose registered address is 4 Brian Street, Lyme Park Coachman Crossing Office Park, Bryanston Johannesburg, Gauteng,  2191 , South Africa.

2. INFORMATION ABOUT US

2.1            Sendhome platform is developed and operated by Peterson Tengende.

2.2            Sendhome provides online remitances and payments options.

3. ACCESS TO OUR APPLICATION

3.1            Access to the Sendhome App is free of charge.

3.2            It is your responsibility to make any and all arrangements necessary in order to make use of the Sendhome App.

3.3            Access to The Sendhome App is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue the Sendhome App (or any part of it) at any time and without notice.  We will not be liable to you in any way if the Sendhome App (or any part of it) is unavailable at any time and for any period.

4. ACCOUNTS

4.1            Use of the Sendhome App does requires an Account in order to use it, but when you register,you may opt out of receiving marketing material.

4.2            When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.3           We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else.  If you believe your Account is being used without your permission, please contact Us immediately at support@sendhome.co.za.  We will not be liable for any unauthorised use of your Account.

4.4.           You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.5            Any personal information provided in your Account will be collected, used, and held in accordance with your rights and our obligations under Applicable Law, as set out in Clause 13.

4.6            If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information

4.7            If you close your Account, any Posts you have made on the Sendhome App will be deleted.

4.8            If you close your Account, all transaction data will be kept on a password controlled file for a period prescribed by law in terms of storage of transaction data.

5. INTELLECTUAL PROPERTY RIGHTS

5.1            With the exception of Posts (see Clause 6), all Content on the Sendhome App and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Peterson Tengende.  All Content is protected by Applicable Law and international intellectual property laws and treaties.

5.2            For personal use (including research and private study) only, you may:

5.2.1        Access, view and use the Sendhome App to;

5.2.1.1    Print any pages from the Sendhome App;

5.2.1.2    Save pages from the Sendhome App for later and/or offline viewing.

5.3            You may not use any Content downloaded, copied, clipped, printed or otherwise saved from the Sendhome App for commercial purposes without first obtaining a licence to do so from Us, our licensors, or from the relevant User, as appropriate.

5.4            You may not systematically copy Content from Sendhome App with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.

5.5            Subject to sub-Clause(s) 5.3 and you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from the Sendhome App unless clearly given express permission to do so.  For further information, please contact Us at support@sendhome.co.za.

5.6            Our status as the owner and author of the Content on the Sendhome App (or that of identified licensors or Users, as appropriate) must always be acknowledged.

6. ACCEPTABLE USAGE POLICY

6.1            You may only use the Services in a manner that is lawful and that complies with the provisions of this Clause 6.

Specifically:

6.1.1        you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

6.1.2        you must not use the Services in any way, or for any purpose, that is unlawful or fraudulent;

6.1.3        you must not use the Services to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

6.1.4        you must not use the Services in any way, or for any purpose, that is intended to harm any person or persons in any way.

6.2            When communicating in any way using the Sendhome App and Services, you must not submit, communicate or otherwise do anything that:

6.2.1        is sexually explicit;

6.2.2        is obscene, deliberately offensive, hateful or otherwise inflammatory;

6.2.3        promotes violence;

6.2.4        promotes or assists in any form of unlawful activity;

6.2.5        discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

6.2.6        is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

6.2.7        is calculated or is otherwise likely to deceive;

6.2.8        is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

6.2.9        misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.2;

6.2.10      implies any form of affiliation with Us where none exists;

6.2.11      infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

6.2.12      is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

6.3            We reserve the right to suspend or terminate your Account and/or your access to The Sendhome App if you materially breach the provisions of this Clause 6 or any of the other provisions of these Terms.  Specifically. We may take one or more of the following actions:

6.3.1        suspend, whether temporarily or permanently, your Account and/or your right to access and use the Services;

6.3.2        remove any Post(s) submitted by you that violate(s) this Acceptable Usage Policy;

6.3.3        issue you with a written warning;

6.3.4        take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

6.3.5        take further legal action against you as appropriate;

6.3.6        disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

6.3.7        any other actions that We deem reasonably appropriate (and lawful).

6.4            We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms.

7. LINKS TO OTHER APPLICATIONS AND SERVICES

Links to third party advertising and other applications and services may be included on the Sendhome App.  Unless expressly stated, these apps and/or services are not under our control.  We choose our commercial partners with reasonable care but we do not necessarily recommend, endorse or sponsor, and cannot control and are not responsible for, any third-party content and information that may be accessed through and by those applications and services. Please use common sense and caution when using such third-party applications and content. You should read the third-party’s own terms of use and privacy policies.

8. ADVERTISING

We may feature advertising on the Sendhome App.  We are not responsible for the content of any advertising on the Sendhome App.  Each advertiser is responsible for the content of their own advertising material.  We will not be responsible for any advertising on the Sendhome App including, but not limited to, any errors, inaccuracies, or omissions.

9. DISCLAIMERS AND LEGAL RIGHTS

9.1            Nothing on the Sendhome App constitutes advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to financial services.

9.2            Insofar as is permitted by Applicable Law, We make no representation, warranty, or guarantee that the Sendhome App will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

9.3            If, as a result of our failure to exercise reasonable care and skill, any digital content from the Sendhome App damages your device or other digital Content belonging to you, as a consumer you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

9.4            We make reasonable efforts to ensure that our content on the Sendhome application is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

9.5            We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any Posts submitted by Users.  Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

10. OUR LIABILITY

10.1         To the fullest extent permissible by Applicable Law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Sendhome App or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is in the form of Posts submitted by Users) included on The Sendhome App.

10.2         To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Sendhome App or any Content (including Posts) included on The Sendhome App.

10.3         If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

10.4         We exercise all reasonable skill and care to ensure that the Sendhome App is free from viruses and other malware, however subject to sub-Clause 9.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Sendhome App (including the downloading of any Content (including any provided in Posts) from it) or any other site referred to on The Sendhome App.

10.5         We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of The Sendhome App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

10.6         Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. VIRUSES, MALWARE AND SECURITY

11.1         We exercise all reasonable skill and care to ensure that The Sendhome App is secure and free from viruses and other malware.

11.2         You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

11.3         You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via The Sendhome App.

11.4         You must not attempt to gain unauthorised access to any part of The Sendhome App, the server on which The Sendhome App is stored, or any other server, computer, or database connected to The Sendhome App.

11.5         You must not attack The Sendhome App by means of a denial of service attack, a distributed denial of service attack, or by any other means.

11.6         By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use the Sendhome App will cease immediately in the event of such a breach.

12. PRIVACY AND COOKIES

This Policy is incorporated into these Terms by this reference.

13. DATA PROTECTION

13.1         All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR or Applicable Law in your country.

14. COMMUNICATIONS FROM US

14.1         If you have an Account, We may from time to time send you important notices by electronic Posts on the Sendhome App.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms, and changes to your Account.

14.2         We will never send you marketing messages of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing posts sent by Us include an unsubscribe link.  If you opt out of receiving messages from Us at any time, it may take up to 10 business days for your new preferences to take effect.

14.3         For questions or complaints about communications from Us (including, but not limited to marketing Posts), please contact Us at via support@sendhome.co.za

15. CHANGES TO THESE TERMS

15.1         We may alter these Terms at any time. Any such changes will become binding on you upon your first use of the Sendhome App and/or Services after the changes have been implemented.  You are therefore advised to check this page from time to time.

15.2         In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

16. LAW AND JURISDICTION

16.1         These Terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of South Africa.

16.2         If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

16.3         If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the country in which you reside.

16.4         If you are a business, any disputes concerning these Terms, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non-exclusive jurisdiction of the courts of England & Wales

QUESTIONS AND HOW TO CONTACT US

You may contact Sendhome regarding the the Terms of Use, or with respect to any other comments or questions at:

support@sendhome.co.za