Terms and Conditions
Everything you need to know about our services, usage rights, and agreements in South Africa.
Terms of Use and Onfon Mobile Application Agreement - South Africa
This is a Kiosk services Agreement and an end-user licence agreement between you (“End-user” or “you”) and Onfon Mobile limited under the laws of South Africa with a company registration number, (“Onfon Mobile”, “us” or “we”) for the mobile application software, the data supplied with the software and the associated Services (defined below). This Agreement (together with our Privacy Policy) sets out the complete terms and conditions (the “Terms and Conditions”) which shall be applicable to the Account (as hereinafter defined) opened by you with Onfon Mobile.
By accessing, using, downloading or installing any material that belongs to Onfon Mobile, you agree to be bound by these Terms and Conditions. These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.
01DEFINITIONS AND INTERPRETATION
1.1 Definitions
For the purposes of this Agreement and the preamble above, unless the context requires otherwise: Acceptable Use Restrictions has the meaning given to it in clause 5; Agreement means this Agreement;Account means your account with ONFON MOBILE; Credentials means your personal credentials used to access the USSD or Onfon Mobile Service App and operate your Account; Equipment means phone, tablet or any other equipment which when used, enables you to access the Onfon Mobile services. Onfon Mobile Services means Onfon Mobile’s services.
Force Majeure
Means events, circumstances or causes beyond its reasonable control of Onfon Mobile making Onfon Mobile service performance of its obligations inadvisable, commercially impracticable, illegal, or impossible, including but not limited to acts of God, war, strikes or labour disputes, embargoes or government orders.
Mobile Money Account means your mobile money store of value, being the record maintained by Mobile Money Providers in South Africa of the amount of E-Money from time to time held by you in the Mobile Money Provider’s System; Mobile Money means the money transfer and payments service operated by the Mobile Money Providers in South Africa; Mobile Network Operator means a mobile network operator in South Africa registered with the relevant communications authority.
02ACCEPTANCE OF TERMS AND CONDITIONS
2.1 You must carefully read and understand the Terms and Conditions set out in this Agreement and as amended from time to time by Onfon Mobile Service (the Terms and Conditions) before downloading or Opening an account with Onfon Mobile Service which will govern the use and operation of the Account.
2.2 By downloading the Terms and Conditions and opening an Account with Onfon Mobile Service, you agree to comply with and be bound by the Terms and Conditions governing the operation of the Account.
2.4 These Terms and Conditions may be amended or varied from time to time and the continued use of the Services constitutes your agreement to be bound by the terms of any such amendment or variation.
03GRANT AND SCOPE OF LICENCE
3.1 In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the Onfon Mobile Service services on your Equipment, subject to these Terms and Conditions. We reserve all other rights.
- 3.1.1 Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
- 3.1.2 Not to make alterations to, or modifications of, the whole or any part of the App;
- 3.1.3 Not to disassemble, decompile, reverse-engineer or create derivative works based on the App.
04LICENCE RESTRICTIONS
Not use the Service in any unlawful manner or for any unlawful purpose.
Not infringe our intellectual property rights or those of any third party.
Not transmit any material that is defamatory, offensive or otherwise objectionable.
Not use the Service in a way that could damage, disable, or overburden our systems.
Not collect or harvest any information or data from any Service or our systems.
05ACCEPTABLE USE RESTRICTIONS
5.1 Intellectual Property Rights
You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors.
5.2 Use of Services
The Services offered by Onfon Mobile Service can only be utilized by persons over the age of 18.
5.3 Personal Information
You hereby agree and authorise Onfon Mobile Service to verify information provided by you against the information held by the Mobile Money Providers.
06REQUESTS MADE BY THE CUSTOMER
6.1 You hereby irrevocably authorise Onfon Mobile Service to act on all Requests received from you through the System and to hold you liable in respect thereof.
6.2 Onfon Mobile Service shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous.
07STATEMENTS
A statement and activity report in respect of your Account will be made available on Request via e-mail: support@onfonmobile.com.
7.2 The statement on the App shall provide details of the last 4 transactions in your Account.
08. CHARGES
Our transaction charges are as per our tariff available at the Onfon Mobile Service website which may vary from time to time.
09. TAXES
All payments are calculated without regard to any taxes payable by you. If any taxes are payable, you must pay an additional amount equal to the tax.
10CUSTOMER’S RESPONSIBILITIES
You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.
Security Warning
You shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your Credentials secret and secure. Never share your PIN or password with anyone.
11VARIATION AND TERMINATION
Onfon Mobile Service may at any time, upon notice to you, terminate or vary its business relationship with you and close your Account.
11.2 We may suspend or close your Account if you use it for unauthorised purposes, breach terms, or for technical safety reasons.
12EXCLUSION OF LIABILITY
Onfon Mobile Service shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable due to circumstances beyond our control, including Force Majeure, equipment failure, or adverse weather.
13INDEMNITY
You undertake to indemnify Onfon Mobile Service and hold it harmless against any loss, charge, damage, expense, fee or claim which we suffer as a result of acting on your instructions or requests.
14. PROMOTION
Onfon Mobile reserves the right to seek verification of eligibility for any promotion. Winners' rewards will be transmitted via Mobile Money.
15. COMMUNICATION BETWEEN US
Email: info@onfonmobile.co.ke
Customer Care: 0703012447
16. ENTIRE AGREEMENT
These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and us.
17. PREVENTION OF FRAUD
Onfon Mobile shall take all reasonable steps to prevent fraud by staff or suppliers. We may terminate service if fraud is suspected.
18. DISPUTE RESOLUTION
Parties shall use good faith efforts to resolve disputes. Amicable settlements should be reached within 30 days.
19. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of South Africa.
20. PRIVACY POLICY
We only use your personal information in accordance with our Privacy Policy. By clicking "Accept", you are deemed to have accepted our Privacy Policy.