By accessing and making use of the Ownpay website (www.ownpay.co.za) (the “Website”) you (the “User”) hereby confirm your acceptance to be bound by the terms and conditions of this Ownpay Website Terms and Conditions. If you do not wish to be bound by these terms please refrain from visiting, viewing, or otherwise utilising the Ownpay Website.
1. INTRODUCTION
1.1. The Content of this Website is owned by Dynamic Product Technologies (Pty) Ltd t/a Ownpay.
1.2. These terms and conditions (“Ownpay Website Terms and Conditions”) govern your use of the Website.
1.3. You understand, agree and acknowledge that these terms constitute a legally binding agreement between you and Ownpay and that your use of the Website shall indicate your conclusive acceptance of this Ownpay Website Terms and Conditions.
2. DEFINITIONS AND INTERPRETATION
2.1. In this Ownpay Website Terms and Conditions, the following words and phrases shall have the meanings given to them below, unless the context requires otherwise:
2.1.1. “Confidential Information” refers to means all information of whatever nature disclosed by either Party or their directors, officers, employees and professional advisers to each other or their representatives, whether disclosed orally or in writing, including without limitation to:
2.1.1.1. all information regarding either company, including its software, processes, concepts and ideas behind the software;
2.1.1.2. all information relating to the terms and conditions set out in any agreement that may be concluded between the Parties, including for the avoidance of doubt any commercial information;
2.1.1.3. all information relating to the administrative, financial or operational arrangements of either Party which is of a secret or proprietary nature or is otherwise expressly stated by a Party to be confidential;
2.1.1.4. all technical and non-technical information, data, drawings, specifications, systems, software (including source code, object code and documentation), applications, routines, subroutines, layouts, designs, techniques, processes, experience, trade secrets and know-how relating to the business affairs, products, services, customers and strategies of a Party, which is directly or indirectly disclosed to the other Party before or after coming into force of this Agreement, whether in writing, orally or electronically, including, without limitation, information or data relating to Ownpay’s products, systems, ideas, software, design methodology, evaluation methodology and criteria, manufacturing processes and related equipment, suppliers, customers, business plans, strategies and financial situation and any notes, memoranda, summaries, analyses, compilations or any other writings relating thereto;
2.1.1.5. any data or information of any description relating to players or employees, including personal and private information of players and employees;
2.1.1.6. all analyses, compilations, studies and other documents prepared by or on behalf of a disclosing Party and of its employees or advisors.
2.1.2. “Ownpay” refers to Dynamic Product Technologies (Pty) Ltd t/a Ownpay, a private limited liability company existing under the laws of the Republic of South Africa with registration number 2017/092194/07. The terms “We”, “Our”, “Us”, “Its” are used interchangeably and refer to Ownpay itself and all individuals and/or entities acting directly on behalf of Ownpay;
2.1.3. “Parties” refers to Ownpay and the User collectively, and the term “Party” refers to either one of them, as the context requires;
2.1.4. “Personal Information” refers to any and all information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Personal Information may include, but is not limited to:
2.1.4.1. information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
2.1.4.2. information relating to the education or the medical, financial, criminal or employment history of the person;
2.1.4.3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
2.1.4.4. the biometric information of the person;
2.1.4.5. the personal opinions, views or preferences of the person;
2.1.4.6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
2.1.4.7. the views or opinions of another individual about the person;
2.1.4.8. the name of your bank, your bank account number (in encrypted form), the cost of the goods/services you are purchasing and identification of the seller of goods/services you are purchasing;
2.1.4.9. including the location of your IP address;
2.1.4.10. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person; and
2.1.4.11. including the IP address and browser settings of the device on which the payment is being processed. In gaining device information we may use web traffic tools that permit us to analyse user activity and we collect analytics and log information when you use our Website to help us improve our products and Services.
2.1.5. “Service Providers” refers to individuals or entities that provide a service to Ownpay, which Ownpay makes available to the User.
2.1.6. “Suppliers” refers to individuals or entities that supply equipment or services to Ownpay, which Ownpay makes available to the User.
2.1.7. “Third-Party” refers to any individual or entity other than Ownpay and the User.
2.1.8. “User” refers to all individuals and/or entities accessing this Website for any reason. (“you” or “your”).
2.2. Any reference to a statute or statutory provision is a reference to that statute or statutory provision as amended, extended or re-enacted from time to time, and shall include all subordinate legislations made from time to time under that statute or statutory provisions.
2.3. The headings used in the Ownpay Website Terms and Conditions are for ease of reference and shall not be used in the interpretation or nor modify nor amplify the terms of the Ownpay Website Terms and Conditions.
2.4. Any words in the singular shall include the plural and any words in the plural shall include the singular.
3. USE OF THIS WEBSITE
3.1. Your use of this Website includes accessing, browsing, linking or downloading any information made available on this Website.
3.2. In using this Website, you agree:
3.2.1. that the Ownpay Website Terms and Conditions may also refer to additional terms and conditions and Ownpay policies, which may apply to you, and, if so, you will be made aware of same.
3.2.2. that you are responsible for obtaining and maintaining all facilities, services, products and equipment that may be required by you to maintain access or use to this Website, which
includes but is not limited to, hardware, software, modem and internet connectivity as well as electronic communications infrastructure.
3.2.3. that you may not use this Website including its Contents in any of the following ways including, but not limited to:
3.2.3.1. in any way that is unlawful, improper, immoral or fraudulent or has such purpose or effect;
3.2.3.2. for the purposes of submitting false, inaccurate or misleading information on the Website or conducting yourself in a false, inaccurate or misleading fashion;
3.2.3.3. in any way that causes or may cause the Website to be interrupted, damaged or impaired;
3.2.3.4. that may cause offence or detriment to any other person who uses this Website;
3.2.3.5. in any way that is threatening, stalking, defrauding, inciting, harassing or otherwise interfering with any other User’s use of this Website or any Ownpay products or services;
3.2.3.6. that may cause Ownpay, you or any other User of this Website to be in breach of any applicable law or regulation;
3.2.3.7. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;
3.2.3.8. to conduct keyword spamming or otherwise attempt to manipulate search results;
3.2.3.9. to create, host, or transmit any defamatory, offensive, or obscene material, or to engage in activities which would offend others on grounds of race, religion, creed, or sex;
3.2.3.10. that causes or may cause detriment to any person who supplies a service to Ownpay in connection with this Website.
3.3. Any unacceptable use of this Website that may adversely affect this Website, Ownpay Users, or Ownpay’s Suppliers, may result in Ownpay immediately suspending your use of this Website.
3.4. Ownpay takes no responsibility for any loss or damage suffered by any person or entities relying on the information contained within this Website.
4. CONTENT OF WEBSITE
4.1. Ownpay reserves the right to alter, update or amend any criteria or information set out on this Website without notice. Whilst Ownpay takes all reasonable steps and precautions to ensure the accuracy of all of the Contents Ownpay makes available on this Website, the Content is not intended to, and does not, constitute professional advice or a replacement or substitution for professional advice.
4.2. You understand and agree that the Content may change from time to time. The Website may therefore not always contain the correct or current information, details and descriptions and to the extent permitted by law, Ownpay makes no representations, warranties, or guarantees, whether express or implied, that the Content is accurate, complete or current.
5. PRIVACY AND PAIA
5.1. Ownpay manages the collection, processing and storage of your Personal Information in accordance with Ownpay’s Privacy Policy and the Promotion of Access to Information Act 2 of 2000 (“PAIA”) Manual, both of which are available for download on this Website. By disclosing or submitting your Personal Information to Ownpay, you consent to us collecting, processing and storing your Personal Information for the purposes described in our Privacy Policy and PAIA Manual.
5.2. It is your responsibility to review the Ownpay Website Terms and Conditions, Privacy Policy, and PAIA Manual in case of any updates or amendments. If you do not agree to Ownpay’s updates, please refrain from using the Website.
6. COPYRIGHT
6.1. These Ownpay Website Terms and Conditions apply exclusively to your access to, and use of, this Website and does not alter in any way, the terms or conditions of any other agreement you may have with Ownpay for products, services or otherwise.
6.2. The Contents of this Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in this Website (the “Content”) are protected by the laws of the Republic of South Africa, including but not limited to copyright and trademark law. The Content is the property of Ownpay and, its Suppliers.
7. LINKS TO THIRD-PARTY WEBSITES AND SERVICES
7.1. The Website and Content may also contain links to access other Third-Party websites (“Third-Party Websites”), which are not under Ownpay’s control. These Ownpay Website Terms and Conditions do not apply to those Third-Party Websites and Ownpay is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those Third-Party Websites may use.
7.2. The links to those Third-Party Websites are included for your convenience, notwithstanding the fact that the Website may refer you to or provide links to those Third-Party Websites, your use of such Third-Party Websites is entirely at your own risk and Ownpay is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained therein.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All the Content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, Confidential Information, designs and agreements, are the property of, or are licenced to Ownpay and as such are protected from infringement by local and international legislation and treaties.
8.2. You agree that you are permitted to use this material and/or Content only as set forth in and to the extent permitted by the Ownpay Website Terms and Conditions. For purposes of the Ownpay Website Terms and Conditions, “Intellectual Property Rights” shall mean any patents, rights to inventions, copyright and related rights, moral rights, trademarks, service marks, logos, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, scripts, graphics, photos, sounds, music, videos, interactive features and the like, in each case whether registered or unregistered and
including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist anywhere in the world.
8.3. Ownpay reserves all rights, including all Intellectual Property Rights, not expressly granted herein to the Website and the Content it makes available on or via this Website.
8.4. You may not copy, reproduce, modify, distribute, republish, display, post or transmit any part of this Website (including its Content) and Content of Third-Parties obtained through the Website without Ownpay’s express written permission. You may view or print individual pages only for your personal use and not for any commercial or financial gain.
8.5. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or Content. All the rights of Ownpay and its employees or agents are reserved in this regard.
8.6. Any copying, reproduction, modification, creation of derivative works from or redistribution of the Website and/or Content or any portion thereof is expressly prohibited.
9. INDEMNIFICATION
9.1. To the extent permitted by law, you agree to defend, indemnify and hold Ownpay and our officers, Affiliates, successors, assigns, directors, agents, Service Providers, Suppliers, and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including but not limited to attorneys’ fees, arising from:
9.1.1. your use of and access to the Website and/or the Content;
9.1.2. your breach of any of the Ownpay Website Terms and Conditions;
9.1.3. your violation of any Third-Party right, including without limitation any copyright, trademark, trade secret or other property or privacy right; and/or
9.1.4. any claim that the Content caused damage to a Third-Party.
9.2. This clause 9 will survive termination, modification or expiration of the Ownpay Website Terms and Conditions and your use of the Services, the Content and the Website.
10. LIMITATION OF LIABILITY
10.1. Subject to clause 10.2 below, neither Ownpay nor any of its agents, officers, Affiliates, successors, assigns, directors, Service Providers, Suppliers, employees or representatives shall be liable for any direct, indirect, incidental, special or consequential loss, damages or liability of whatsoever nature arising from the use or inability to use the Website or the Content provided from or through the Website and/or any linked Third-Party Website.
10.2. The Ownpay Website Terms and Conditions do not purport to limit or exempt Ownpay from any liability including without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for, on our behalf or controlled by us, to the extent that the law does not permit such a limitation or exemption; and do not require you to assume risk or liability, to the extent that same is not permitted by law.
10.3. Ownpay does not guarantee that the Website will operate free of error and does not accept any liability for any acts or omissions resulting from your decision or opinion formed on the basis of your use of this Website. Ownpay cannot be held liable for any inaccurate information published on the Website.
10.4. Ownpay does not guarantee that the Website or the Content on it will always be accessible or always be uninterrupted. Ownpay will not be liable to you if, for any reason, the Website is unavailable to you at any time or for any period.
11. EXCLUSION OF WARRANTIES AND REPRESENTATIONS
11.1. To the extent permitted by law, Ownpay makes no representation or warranty whatsoever, whether express, implied or statutory, regarding the Website, including, without limitation, no representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Content.
12. NOTICES
12.1. Ownpay chooses as its domicilium citandi et excutandi for all purposes under the Ownpay Website Terms and Conditions, whether in respect of court process, notice or other documents or communication of whatsoever nature:
12 Tetford Circle,
Millennium Business Park,
La Lucia,
Kwa-Zulu-Natal,
South Africa,
4360.
13. CESSION, ASSIGNMENT, AND SUB-CONTRACTING
13.1. Ownpay shall be entitled to cede and/or assign to any Third-Party, at its absolute discretion, all or any of its rights and/or obligations in terms of the Ownpay Website Terms and Conditions.
13.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of the Ownpay Website Terms and Conditions to any Third-Party, without the express prior written consent of Ownpay, which consent Ownpay shall not be obliged to provide.
14. GENERAL
14.1. The Ownpay Website Terms and Conditions pertaining to any Content appearing on this Website shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Use of the Website and Content will constitute your consent and submission to the exclusive jurisdiction of the Durban Magistrate’s Court regarding all disputes, proceedings, transactions, applications or the like instituted by either Party against the other, arising from the Ownpay Website Terms and Conditions.
14.2. Except as expressly provided by Ownpay on the Website, the Ownpay Website Terms and Conditions read with our Privacy Policy and PAIA Manual and any additional terms concluded
specifically between yourself and Ownpay, where applicable, constitute the entire agreement between you and Ownpay with respect to the use of this Website and the Content.
14.3. Any failure to exercise or enforce any right or provision of the Ownpay Website Terms and Conditions shall not constitute a waiver of such right or provision.
14.4. If any term or condition contained in the Ownpay Website Terms and Conditions is declared invalid, the remaining terms and conditions will still remain valid and in full force and effect, unless expressly stated otherwise.
14.5. The termination of any agreement created by the Ownpay Website Terms and Conditions will be without prejudice to any other rights or remedies under the Ownpay Website Terms and Conditions or at law, and will not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision of the Ownpay Website Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.
14.6. If the Ownpay Website Terms and Conditions, or any agreement governed by the Ownpay Website Terms and Conditions, are regulated by or subject to the Consumer Protection Act 68 of 2008, as may be amended from time to time (the “Consumer Protection Act”), it is not intended that any provision of the Ownpay Website Terms and Conditions contravene any provision of the Consumer Protection Act. Therefore, all provisions of the Ownpay Website Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are duly complied with.