CENTBEE (PTY) LTD
THE USER AGREEMENT
1.1. Account” means the User’s account and corresponding account balance;
1.2. “Account Holder” means the User holding an Account with Centbee;
1.3. “Centbee/we/us” means Centbee (Pty) Ltd, with registration number 2017/014560/07, a company duly registered in accordance with the company laws of the Republic of South Africa and with registered address at Fire Station Building, 10 th Floor, 16 Baker Street, Johannesburg, South Africa, 2196;
1.4. “Crypto/s” means the digital currencies accepted and traded via the Centbee Mobile Application which are a digital representation of value that is not
issued by a central bank;
1.5. “ECTA” means the Electronic Communications and Transactions Act, 25 of 2002 and any associated regulations as amended or replaced from time to time;
1.6. “Electronic Communication” means communication by means of a data message as per ECTA;
1.7. “Fiat” means Fiat money as declared by national government to be legal tender;
1.8. “Intellectual Property” means:
1.8.1. any and all rights in any patents, trademarks, service marks, registered designs, applications, trade, business and company names, internet domains names and e-mail addresses, unregistered trademarks and service marks, copyrights, database rights, know-how, rights in designs and inventions;
1.8.2. rights under licenses, consents, orders, statutes or otherwise in relation to a right in 1.8.1 above,
1.8.3. rights of the same or similar effect or nature as to those in paragraph 1.8.1 and 1.8.2 which may subsist now or at any time in the future; and
1.8.4. the right to sue for past infringements of any of the foregoing rights.
1.9. “Mobile Application” means Centbee’s mobile application and website and/or associated mobi-sites and software applications which may be accessed at
www.centbee.com or downloaded through application stores including, but not limited to, the Apple App Store and the Google Play Store;
1.10. “Notifications” means the various communication as sent by Centbee as and when required in the form of electronic mail, text messages (“SMS”), multimedia
messages (“MMS”) or in-app notifications;
1.11. “POPIA” means the Protection of Personal Information Act, 4 of 2013, and any associated regulations as amended or replaced from time to time;
1.13. “Services” means the facilitation of the purchase, storing, spending and transmission of Cryptos by users of the Centbee Mobile Application;
1.14. “SmileID” means Smile Identity Inc, with registration number 1539621 a company duly registered in accordance with the company laws of the Federdal
Republic of Nigeria and with registered address at Workbox, 10 Ojora Close, Victoria Island, Lagos;
1.15. “Terms and Conditions” means these terms and conditions as amended from time to time and any terms and conditions which are incorporated herein by
1.16. “Third Party Service Providers” means any third party who provides services to Centbee and includes, but is not limited to,
1.16.4. Amazon Web Services;
1.16.5. BitPesa; (Aza -Finance);
1.16.9. Xoxo Pay; and
1.17. “Third Party Websites” means any website or application that is not in any way operated or controlled by Centbee and includes, but is not limited to,
1.18. “User” means a person who has registered an Account on Centbee’s Mobile Application;
1.19. “Voucher” means any voucher, pre-paid card, in-store credit or otherwise, not including Crypto, which is purchased through Centbee’s Mobile Application
and redeemed with a third-party supplier; and
1.20. “you/your” means a qualifying User of this Website.
2.1. Centbee (Pty) Ltd (“Centbee/us/we”) provides the defined Services to Users.
2.3. These Terms and Conditions apply exclusively to your access to, and use of, the Mobile Application and does not in any way alter the terms and conditions
of any other agreement you may have with Centbee for products, services or otherwise.
2.4. By registering on the Centbee Mobile Application and opening an Account with Centbee, you unconditionally accept these Terms and Conditions and agree to be
bound by and act in accordance with them. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live and that these may have an application on your use of Centbee’s Mobile Application and/or your Centbee Account.
2.5. Various Third-Party Service Provider’s terms and conditions must be read as if specifically incorporated herein and include but are not
2.5.4. Amazon Web Services;
2.5.5. BitPesa; (Aza -Finance);
2.5.9. Xoxo Pay; and
2.6. By registering an Account on the Centbee Mobile Application, you agree and acknowledge that you will be accessing Centbee’s Services which relate to the
purchasing, storing, spending and transmission of Cryptos.
2.7. You should be aware that the risk of loss in trading or holding Crypto can be substantial. The same as with any asset, the value of the Crypto can go up or
down and there can be a substantial and real risk that you may lose money when buying, selling or holding Cryptos. Cryptos are currently not regulated within
the Republic of South Africa and are not afforded regulatory protection. Accordingly, you should carefully consider whether trading or holding Cryptos is suitable for you when considering your financial position.
2.8. If you do not accept and agreed to these Terms and Conditions you should not register an Account on Centbee’s Mobile Application nor utilize Centbee’s Services.
2.9. By registering an Account on Centbee’s Mobile Application and/or the utilization of Centbee’s Services you unconditionally accept and agreed to be bound by, these Terms and Conditions.
2.10. Centbee may, at its sole discretion, make amendments to these Terms and Conditions from time to time which amendments will come into force and effect upon publication of the amended Terms and Conditions on the Centbee’s Mobile Application or Website and it is your responsibility to ensure that you keep up to date with the amendments hereto. Each amendment to these Terms and Conditions will include a date on which they have been published and this is the date on which
they shall be deemed to have come into force and effect.
2.11. By accepting these Terms and Conditions you also agree to accept and
be bound by any amendments which may be made. In any event, your continued use of Centbee’s Mobile Application shall be deemed to constitute your acceptance of any amendments to these Terms and Conditions which are made from time to time.
2.12. A certificate (letter) signed by the administrator of this Mobile Application is prima facie proof of the date and content of the latest, and any previous, versions of these Terms and Conditions and other terms and conditions published on this Mobile Application from time to time.
2.13. Should you be unable to understand the contents of these Terms and Conditions or any other terms and conditions as published on this Mobile Application or website, or should you have any queries then please contact us on:
3. REGISTRATION FOR CENTBEE’S SERVICES
3.1. Before you are entitled to utilize the Mobile Application you must register as an Account Holder with Centbee, and we must accept your registration.
3.2. By registering as an Account Holder and opening an Account, you hereby warrant that you:
3.2.1. are above the age of 18 (eighteen), or if not, have the required permission and supervision of your guardian;
3.2.2. hold full legal capacity to enter into agreements; and
3.2.3. accept the Terms and Conditions herein as well as any other terms and conditions which may be published on this Mobile Application from time to time.
3.3. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use this Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
3.4. Centbee may accept or reject your registration at its sole discretion and judgment, without the need to provide reasons for such acceptance or rejection.
3.5. To register an Account with Centbee, you will be required to create a unique user name and will be required to provide particular personal information
which may include but is not limited to;
3.5.1. your name and surname;
3.5.2. your identity number and/or passport number;
3.5.3. your photograph;
3.5.4. your email address(s);
3.5.5. your physical address;
3.5.6. your mobile number;
3.5.7. your credit or debit card details; and
3.5.8. your bank account details.
3.6. By entering any and all personal information on Centbee’s Mobile Application, registering as an Account Holder, creating an Account, uploading data, or by accepting these Terms and Conditions you consent to the processing of your personal information by Centbee in terms of POPIA.
3.7. Should your personal information change, please inform us and provide us with the relevant updates to your personal information as soon as reasonably possible to enable us to update your personal information.
3.8. You may choose to provide additional personal information to us, as well as the personal information of third parties, in which event you warrant that you have the necessary consent and authority to do so, agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
3.9. Your privacy and security of personal information is of great importance to Centbee. We respect your privacy and will take all necessary and reasonable
3.10. Subject to what is said below, we will not, without your express consent,
use your personal information or the personal information of any third party supplied by yourself for any purpose other than as set out below:
3.10.1. to provide you with the Service;
3.10.2. in relation to the Service;
3.10.3. to contact you regarding current or new goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
3.10.4. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us).
3.11. You authorise Centbee to make enquiries, whether directly or through third parties, that Centbee may consider necessary to verify your identity or protect you and/or Centbee against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such enquiry.
3.12. Subject to what is said below, we will not, without your express consent, disclose your personal information to any third party other than to:
3.12.1. our employees and/or Third Party Service Providers who assist us to interact with you via our Mobile Application, website, email or any other method;
3.12.2. our divisions, affiliates and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
3.12.3. law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions; and
3.12.4. our service providers (under contract with us), however, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit.
3.13. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court, or legal process served on us, or to protect and defend our rights or property. In the event of fraudulent online payment, we are entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
3.14. We will:
3.14.1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
3.14.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure, or access;
3.14.3. provide you with access to your personal information to view and/or update personal details;
3.14.4. promptly notify you if we become aware of any unauthorised use, disclosure, or processing of your personal information;
3.14.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
3.14.6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
3.15. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
3.17. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
3.19. While Centbee takes all reasonable measures to secure a User’s security and privacy, the User who registered an Account with Centbee is responsible for any activity that occurs on Centbee’s Mobile Application through that User’s log-in credentials. Therefore, to maintain control over the User’s Account the User should not share any of their login credentials with any third party and Centbee will not be liable for any unauthorized access to the Mobile Application where the User has done so.
3.20. Whenever the correct login credentials are entered into the Mobile Application, Centbee shall assume that the User is the person accessing that User’s Account.
3.21. You are solely responsible for all actions and communications undertaken or transmitted under your Account.
3.22. Should the User provide their login credentials to a third party, the User will be responsible for all actions of that third party on the Mobile Application, including access to any confidential information and documents or any payments made.
3.24. As the User, you are responsible for updating and maintaining the accuracy of the information provided to Centbee.
3.25. Centbee may, at its sole discretion, close or suspend your Account where Centbee has any concerns relating to the accuracy of the information provided by the Centbee.
4. IDENTITY VERIFICATION (SMILE ID)
4.1. By accepting these Terms and Conditions you hereby agree to and authorise Centbee and SmileID to conduct an information search and various information verifications on you. You further authorise Centbee and/or SmileID to forward your image and any personal information to various third-party verification suppliers, information suppliers and other third parties acting on behalf of Centbee and/or
4.2. SmileID and/or third-party suppliers to SmileID shall verify information which includes but is not limited to qualification, certification, background screening, drivers licence validation, passport validation, identity verification, image comparison and any other personal information required to validate, verify and confirm information using the SmileID system, database and software.
4.3. You authorise the verification, information and third-party suppliers of Smile ID to furnish information of any images (photo/s of the User) and personal information which includes but is not limited to first name, middle name, surname, date of birth, age, sex, address, telephone number, email, driver’s license, passport, identity verification and any other personal information to Smile ID.
4.4. You unconditionally indemnify Centbee and SmileID, and any verification or information third-party supplier, against any liability, claims, or legal action that may result from furnishing, acquiring, hosting or storing, personal and any other verification information as stipulated in this document on the Smile ID
system, applications and databases at any given time after the effective date of this consent provided that such liability, claims, legal action was not as a
result of negligence, wilful misconduct or a breach of this User Agreement on the part of Smile ID.
4.5. The personal information will be stored and managed by Smile ID, any verification, information and third-party supplier in accordance with global best practices.
4.6. You understand and agree that this consent and indemnity declaration will remain valid indefinitely for all existing and future personal and verification requests, screening, validation and confirmation of information regarding you and that SmileID may host such information on its systems and databases.
5. INFORMATION ON CENTBEE’S MOBILE APPLICATION
5.1. All information contained on Centbee’s Mobile Application, or any related site, is only intended to provide you with general information about us, our products, our services, and our vision and should not be substituted for financial advice.
5.2. N o oral or written information provided by Centbee, or its affiliates, officers, directors, employees, agents, providers, merchants, sponsors, licensors or the like shall create any warranty as to the information as provided; nor shall you rely on any such information or advice.
5.3. You should carefully consider and assess your personal financial situation and risk tolerance. We do not offer investment advice and any decision to make use of our Services should only be done after independent consultation with an appropriately qualified person(s).
5.4. You accept and agree that you are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with Cryptos and that Centbee does not, and will not, offer you any financial advice in connect with you’re your use of, or the transactions you conduct on the Mobile Application.
5.5. All information is provided “as is” and you should not rely on such information or treat it as advice. You should always consult with an appropriately qualified person before doing anything based on any information on this Mobile Application.
5.6. Please note that your use of the Mobile Application and any communication related thereto does not constitute “privileged communications’ as between a professional and their client.
6.1. Prior to making use of our Mobile Application, you should ensure that you understand the risks involved in Cryptos.
6.2. Crypto markets can be volatile, and prices can fluctuate significantly. This means that there could be significant increases or decreases in the value of your Cryptos.
6.3. You acknowledge that Centbee is in no way a financial institution and does not hold a deposit-taking license or Bank license.
6.4. You acknowledge that Centbee is not a Financial Services Provider and does not offer financial services or advice.
6.5. You agree and acknowledge that Cryptos are not regulated by the Financial Services Board and are not regarded as a Financial Market Security as defined by law.
6.6. You should always seek independent financial advice from a suitably qualified individual or institution before making a serious financial decision.
6.7. You accept and agree that you are solely responsible for any decisions to purchase or hold Cryptos and Centbee does not and will not offer you any financial advice in connection with your use of, holding of or transacting with Cryptos.
6.8. You agree and acknowledge that the use of Centbee’s Mobile Application, including all content, data or software distributed by, downloaded or accessed from, or through Centbee’s Mobile Application is at your sole risk. You will be solely responsible for any damage or loss resulting from the download or use of such Mobile Application.
7. YOUR USE OF CENTBEE’S MOBILE APPLICATION & SERVICES
7.1. You agree that you will not, in any way, use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Mobile Application and the associated websites.
7.2. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify this Mobile Application or the information contained herein, without
prior written consent from Centbee.
7.3. You may not at any time attempt to or actually; alter, reverse-engineer, modify, circumvent, amend, tamper with or change any part of the Mobile Application and/or any security features of the Mobile Application.
7.4. Violations of system or network security may result in civil or criminal liability. Centbee will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
7.5. You may not use this Mobile Application to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
7.6. You agree not to:
7.6.1. use the Mobile Application for illegal or inappropriate purposes;
7.6.2. interfere with or disrupt the proper operation of this Mobile Application and the associated website and technical infrastructure;
7.6.3. upload, post or otherwise transmit through or on this Mobile Application any viruses or other harmful, disruptive or destructive
7.6.4. use or access any Centbee Account other than your own,
7.6.5. assist any other person in obtaining unauthorized access to any Centbee Account;
7.6.6. use your Centbee Account for or in relation to any illegal activity in violation of any laws, statutes, ordinances or regulations;
7.6.7. attempt to gain unauthorised access to this Mobile Application, system, or any other part of this Mobile Application you do not
have the right to access; and
7.6.8. convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious, or
otherwise objectionable or offensive material of any kind or nature.
7.7. Centbee will use reasonable endeavours to maintain the availability of the Mobile Application, except for during scheduled maintenance periods, however, cannot guarantee nor warrant that the service of any Third Party Service Providers will remain available at all times.
7.8. Centbee may, however, change, limit the functions, suspend or close the Mobile Application temporarily or permanently without providing you with notice of our intention to do so.
7.9. Centbee makes no express or implied representation or warranty:
7.9.1. that the Mobile Application or Services will be available for access at all times, or at any time on a continuous uninterrupted basis;
7.9.2. as to the operation, quality, or functionality of the Mobile Application or Services;
7.9.3. that the Mobile Application will meet your requirements or be fit for
any particular purpose;
7.9.4. that the Mobile Application or Services will be free of errors or
7.9.5. that the Mobile Application or Services is free from viruses or anything else that has contaminating or destructive properties
including where such results in loss of or corruption to your data or other property; and
7.9.6. that the services as provided by the Third Party Service Providers will remain uninterrupted and trouble-free as Centbee has no
control over the business affairs of the Third Party Service Providers;
8. RESTRICTION, SUSPENSION AND CLOSURE
8.1. Centbee reserves the right to restrict, suspend or mark as closed your Centbee Account where:
8.1.1. we reasonably suspect your Account to be the subject of an operational or other error;
8.1.2. we reasonably suspect your Account has been or is being used in relation any unlawful or fraudulent activity, or in breach of this
8.1.3. we reasonably suspect you or your Account is or has been associated with, or poses a high risk of, money laundering,
financing of terrorism, fraud or any other crime; or
8.1.4. we are compelled to do so by a prima facie valid subpoena, court order or other binding order of the government.
8.2. Centbee will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or mark as closed your Account
unless the circumstances warrant otherwise. You accept and agree that Centbee is under no obligation to disclose to you the fact or
reason for any decision to restrict, suspend or mark as closed your Account and shall have no liability to you in connection with the
restriction, suspension or termination.
8.3. In the event that Centbee elects to mark your Account as closed, you will be unable to utilize Centbee’s Services.
9. Should Centbee elect to mark your account as closed, you will not be able to utilize Centbee’s Services to access any store of value held in Cryptos and it would be the User’s responsibility to utilize the User’s Crypto graphic keys to access the Cryptos via alternative means.
10. CLOSURE OF YOUR ACCOUNT
10.1. You may close your Account at any time.
10.2. In the event that there is credit in your Account and Centbee has no record of any use by you of your Account for a period in excess of
18 months, and we are unable to contact you, Centbee reserves the right to mark your Account as closed and you will be unable to
utilize Centbee’s Services for any further or future transactions.
10.3. You accept and acknowledge once your Account is closed:
10.3.1. you will have no further access to it;
10.3.2. Centbee reserves the right (but not the obligation) to delete all information and account data stored in relation to your Account;
10.3.3. Should Centbee elect to mark your account as closed, you will not be able to utilize Centbee’s Services to access any store of value held in Cryptos and it would be the your, the User’s, responsibility to utilize the User’s cryptographic keys to access the Cryptos via alternative means.
10.4. You accept and agree that Centbee shall not be liable to you or any third party in relation to the suspension, closure, or deletion of your Account and related information.
11. PRIVATE KEYS TO CRYPTO ACCOUNTS
11.1. Centbee does not hold the private cryptographic key(s) related to the Crypto addresses used in your Centbee Account.
11.2. You are solely responsible for your private cryptographic key(s) and must take the necessary measures to retain and protect your private
cryptographic key(s). Centbee will not be held liable in any manner whatsoever for the security breach, disclosure or loss of a private
cryptographic key and/or related losses.
12. CENTBEE’S SERVICES
12.1. Centbee’s Services include the the facilitation of the purchase, storing, spending and transmission of Cryptos by Users of the Mobile Application;
12.2. You will be able to purchase, sell and/or spend Cryptos via the Mobile Application.
12.3. The purchase and/or sale of Cryptos will be governed by and subject to any transaction limits, identification steps or requirements, any other such requirements as may be required under law or for prudent risk
12.4. Purchase and sale of Cryptos with Fiat currency may be subject to regulatory requirements in some jurisdictions. Users must acquaint
themselves and comply with the regulatory requirements of their jurisdiction and are solely responsible for compliance with specific laws
and regulations in their jurisdiction.
12.5. Users are able to send Cryptos from their own Accounts, to other Users, and to other Crypto addresses. This is subject to having sufficient
balances, any relevant transaction limits, and identification requirements.
12.6. Transfers of Crypto are irrevocable, and Users must be careful to ensure they use the correct Crypto address for the recipient. Centbee is
unable to assist in reversing or canceling transactions once initiated by the User and is not liable for any losses that may occur.
12.7. Users are able to purchase Vouchers on Centbee’s Mobile Application using the Crypto balance available in the User’s Account which may be utilized to purchase products, goods, and services from authorized
vendors and/or retailers.
12.8. Centbee facilitates the purchase of a Voucher from the User’s Account and is neither the buyer nor the seller of these products, goods, and services. The agreement of sale and/or supply will solely be between the User and the third-party vendor and/or retailer.
12.9. Centbee shall have no liability to you in connection with any product, service or otherwise purchased or used as a result of the purchase and use of a Voucher purchased through the Mobile Application. It is expressly understood that the user is aware that Centbee provides a service to bring buyer and seller or service offeror and service consumer together, and accepts no responsibility for the quality, reliability, safety, function, suitability or otherwise, of a product purchased, service used, or otherwise, as a result of the use of this Mobile Application.
12.10. Centbee is not responsible for any harm due to loss, unauthorized use, unauthorized distribution or expiry of the vouchers purchased after such The voucher has been delivered to the User via Centbee’s Mobile Application
12.11. Centbee makes no representation as to the fitness of the products, goods or services offered by the third-party vendor and/or retailer for your intended use and purpose.
12.12. Centbee disclaims all liability, including express or implied warranties, whether oral or written, for products, goods and services
provided by any third-party vendor and/or retailer.
12.13. Transaction limits and identification requirements shall be determined by Centbee or its Third Party Service Providers from time to time.
12.14. The terms relating to the purchase and sale of Cryptos are contained in the Terms of Purchase and Sale as published by Centbee from time to time, and incorporated herein by reference.
12.15. Cryptocurrency networks are operated by decentralized networks of independent third parties. These networks are not owned, controlled or operated by Centbee.
12.16. Centbee is not responsible for the operation of any cryptocurrency network and makes no guarantee as to their availability, security or
13. FEES, CHARGES AND COSTS
13.1. You agree and understand that Centbee may charge fees for the use of the Services.
13.2. The fees, charges and costs associated with the Mobile Application and the Services provided by Centbee are detailed in the Fee Structure which is displayed at the time of completing the transaction
13.3. Further provisions relating to Third Party fees can be found in the Third Party Service Providers' relevant terms and conditions as incorporated herein by reference.
14. CENTBEE’S INTELLECTUAL PROPERTY
14.1. The Mobile Application and the contents of the Mobile Application and its associated website, including any material, information, data, databases, hyperlinks, 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 the Mobile Application (“Mobile Application Content”) are protected by law, including but not limited to copyright and trademark law. The Mobile Application Content is the property of Centbee, its Third Party Service Providers, its advertisers and/or sponsors and/or is licensed to us.
14.2. Centbee holds the copyright Centbee © 2020 Centbee, Sandton, South Africa and all rights not expressly granted are reserved.
14.3. You may not use, frame or utilise framing techniques to enclose any Centbee trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Centbee‘s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Centbee name, trademark or product name without Centbee‘s express written consent.
14.4. Centbee grants you a limited licence to use the Mobile Application and you will not acquire any right, title or interest in or to this Mobile
Application or the Mobile Application Content.
14.5. You may view such content and copy it onto a computer or other device or storage media and you may print and make paper copies of it, but only if:
14.5.1. it is for the purposes of deciding or using our Services or products;
14.5.2. it is not used for any commercial purposes; and
14.5.3. any copy of the content from any part of our Mobile Application must show our copyright notice.
14.6. Where any of the Mobile Application Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.
15. LINKING TO THIRD-PARTY WEBSITES
15.1. The Mobile Application may contain links or references to other websites (“Third-Party Websites”), including those of Third Party Service
Providers, which are outside of our control.
15.2. These Terms and Conditions do not apply to those Third-Party Websites and Centbee is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.
15.3. To view the Third-Party Website terms and conditions please follow the
15.3.4. Amazon Web Services;
15.3.5. BitPesa ; (Aza -Finance);
15.3.9. Xoxo Pay; and
15.4. Notwithstanding the fact that this Mobile Application may refer to or provide links to Third Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are 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.
15.5. You agree and acknowledge that Centbee does not in any way control any information, products or services offered by Third Party Service Providers on or through the Mobile Application, except as otherwise agreed in writing. Centbee makes no warranties or representations as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties.
15.6. Centbee does not give any warranty about any other website, software or hardware, including their security or performance.
16. AVAILABILITY, CLOSING SUSPENDING OR LIMITING THE MOBILE
16.1. Centbee will use reasonable endeavours to maintain the availability of the Mobile Application, except for during scheduled maintenance periods.
16.2. Centbee may, however, change, limit the functions, suspend or close the Mobile Application temporarily or permanently without providing you with notice of our intention to do so.
16.3. Centbee makes no express or implied representation or warranty:
16.3.1. that the Mobile Application will be available for access at all times, or at any time on a continuous uninterrupted basis;
16.3.2. as to the operation, quality or functionality of the Mobile Application;
16.3.3. that the Mobile Application will be free of errors or defects; and
16.3.4. that the Mobile Application is free from viruses or anything else that has contaminating or destructive properties including where
such results in loss of or corruption to your data or other property.
17. ELECTRONIC COMMUNICATIONS
17.2. You accept and agree that:
17.2.1. any communications, agreements, notices and/or any other documents (collectively “E-Communications”) relating to your
Centbee Account or your use of our Services will be provided to you electronically by posting them on the Centbee Mobile
Application, related Centbee social media platforms, emailing E-Communications to the email address you have provided to us, or
through any other form of electronic communication including SMS and MMS;
17.2.2. you will at all times have available to you the necessary hardware and software and data to receive, access and retain E-
Communications sent to you electronically, including a device with an internet connection and a valid and accessible email address;
17.2.3. you assume full responsibility for providing Centbee with a valid and accessible telephone number and/or email address to which
address any E-Communications. You are fully responsible for ensuring that your email address, telephone number and any
other contact information is kept up to date.
17.2.4. any E-Communication sent to your provided telephone number and/or email address will be deemed to have been received by
18. RISK OF SENDING INFORMATION OVER THE INTERNET
18.1. There is always a risk when sending information over the internet.
18.2. Centbee undertakes to take all reasonable steps to limit these risks, however, we cannot stop all illegal activities. We are not responsible for any loss or damage you may suffer as a result of sending information over the internet.
19. DISCLAIMER AND LIMITATION OF LIABILITY
19.1. You understand and acknowledge that the Mobile Application and all information, services, products and materials available through the Mobile Application is provided “as is” and “as available”.
19.2. Centbee cannot be held liable for any inaccurate information published or displayed on the Mobile Application or our associated website, save where such liability arises from the gross negligence or wilful misconduct of Centbee, our employees, agents, or authorised representatives, but excluding Third Party Service Providers.
19.3. Centbee shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, this Mobile Application or the content contained on the Mobile Application; or your inability to use the Mobile Application, and/or unlawful activity on the Mobile Application and/or any linked Third-Party Website.
19.4. Centbee does not screen or edit the content available from third parties on the Centbee Mobile Application and does not accept any liability for illegal, defamatory or obscene content by third parties. Users are encouraged to inform Centbee of any content that may be offensive or illegal.
19.5. You hereby indemnify Centbee and any of its associated companies against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Mobile Application and/or any linked Third-Party Website.
19.6. Any liability that Centbee may have to a User shall be limited to the amount of the fees, charges and costs actually paid by the User to
Centbee whilst utilising Centbee’s Services. This shall specifically exclude the value of any Cryptos the User may have sent to,
purchased from, held in his/her Centbee Account or purchased from
Centbee or through the use of the Services. The liability being strictly limited to the actual fees paid by the User.
20. GOVERNING LAW AND JURISDICTION
20.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of
20.2. Your continued use of this Mobile Application will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
21. DISPUTE RESOLUTION
21.1. Should there be any dispute directly related to this Mobile Application or any of our Services or products will be decided by arbitration.
21.2. Any arbitration will be held and dealt with in terms of the rules of the Arbitration Foundation of South Africa (“AFSA”) and the User consents to the arbitration being held in Johannesburg, South Africa.
22.1. Centbee hereby selects the Fire Station Building, 10 th Floor, 16 Baker Street, Rosebank, Johannesburg, South Africa, 2196, as its physical
address for the service of all formal notices and legal processes in connection with its Services and products and these Terms and
Conditions. Centbee may change this address from time to time by updating these Terms and Conditions.
22.2. Centbee hereby selects firstname.lastname@example.org as its electronic address for the service of all formal notices and legal processes in connection with these Terms and Conditions and hereby consents to electronic service in terms of the ECTA. We may change this address from time to time by updating these Terms and Conditions.
22.3. The User hereby accepts that the electronic address provided upon the registration of a profile is the chosen electronic address for the service of all formal notices and legal proceedings in connection with these Terms and Conditions and the User, when supplying such electronic address, consents to electronic service in terms of the ECTA.
22.4. Notices must be sent either by hand, prepaid registered post, or email and must be in English.
22.5. All notices sent –
22.5.1. by hand will be deemed to have been received on the date of delivery;
22.5.2. by prepaid registered post will be deemed to have been received 10 days after the date of posting; and
22.5.3. by email will be deemed to have been received on the date of delivery to the server from which the email may be accessed; and
22.5.4. by SMS, will be deemed to have been received on the date on which the SMS has been transmitted in terms of ECTA, regardless or delivery to the recipient.
23.1. We may, at our sole discretion, at any time and for any reason and without prior written notice, choose to suspend or terminate the operation of the Mobile Application or the User’s right to use the Mobile Application.
23.2. You may not cede, assign, or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
23.3. Any failure on the part of you or us to enforce any right in terms hereof shall not constitute a waiver of that right nor will it affect the validity of any part of these Terms and Conditions or prejudice Centbee’s right to take subsequent action against the User.
23.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
23.5. The headings in these Terms and Conditions are only for information. They are not to be considered when interpreting any clause in these Terms and Conditions.
23.6. Entire Agreement. These Terms and Conditions together with the documents incorporated by reference herein, constitute the entire
agreement and understanding between you and Centbee with respect to their subject matter and supersede any and all prior discussions,
agreements and understandings of any kind between you and Centbee (including but not limited to prior versions of these Terms and Conditions).
23.7. Severability. If any provision of these Terms and Conditions, as amended from time to time, is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms and Conditions but the legality and enforceability of the other provisions in these Terms and Conditions shall not be affected and everything else in these Terms and Conditions will continue in full force and effect.
23.8. Furthermore, in the event that any provision or part thereof of these Terms and Conditions is determined to be illegal, invalid or unenforceable, that provision or part thereof shall be replaced by the parties with a legal, valid
and enforceable provision or part thereof that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision, given the content and purpose of these Terms and Conditions.
23.9. Change of Control. In the event that Centbee is acquired by or merged with a third party, we fully reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale or other change of control. Any transfer or assignment as envisaged by this clause shall include the transfer or assignment of your Account and all related information.
23.10. Novation. Centbee may, at any time, assign, novate, charge or transfer its interest in this Agreement and/or any rights arising under it to any party without your consent being required.
23.11. Furthermore, you hereby irrevocably agree to any novation of this User Agreement and/or any other agreement or document in connection with your use of the Mobile Application and/or Centbee Services and irrevocably agree that we are entitled to and may assign or transfer reasonably to a transferee all or some our rights, title, interest, benefits, obligations and liabilities under this User Agreement and/or any other agreement or document in connection with your use of the Mobile Application and/or Centbee Services. You further irrevocably and unconditionally agree that any such novation, assignment or transfer may be effected without us delivering a notice thereof.
24. CENTBEE’S INFORMATION
24.1. For the purposes of the ECTA, Centbee’s information is as follows, which should be read in conjunction with its service and product descriptions and other terms and conditions contained on the Mobile Application:
Full name: Centbee (Pty) Ltd
Main business: Digital Wallet Physical address for receipt of legal Fire Station Building, service (also postal and street address):
10th Floor, 16 Baker Street, Rosebank,
Phone number: +27 87 0940995
Email address: email@example.com