WEBSITE TERMS AND CONDITIONS
1.1. “Account” means the User’s account with Centbee;
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. “ECTA” means the Electronic Communications and Transactions Act, 25 of 2002 and any associated regulations as amended or replaced from time to time;
1.5. “Electronic Communication” means a communication by means of a data message as per ECTA;
1.6. “Intellectual Property” means
1.6.1. 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;
1.6.2. rights under licenses, consents, orders, statutes or otherwise in relation to a right in 1.6.1 above,
1.6.3. rights of the same or similar effect or nature as to those in paragraph
1.6.2 which may subsist now or at any time in the future; and
1.6.4. the right to sue for past infringements of any of the foregoing rights.
1.7. “Mobile Application” means Centbee’s 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;
1.8. “POPIA” means the Protection of Personal Information Act, 4 of 2013, and any associated regulations as amended or replaced from time to time
1.10. “Services” means the facilitation of the purchase, storing, spending and transmission of Cryptos by users of the Centbee Mobile Application;
1.11. “Terms and Conditions” means these terms and conditions as amended from time to time and any terms and conditions which are incorporated herein by reference;
1.12. “User” means a person accessing Centbee’s Website, Mobile Application or Services;
1.13. “Website” means www.centbee.com and Centbee’s Mobile Application and/or related mobi-sites and software applications or any associated websites or mobile applications; and
1.14. “you/your” means a qualifying User of this Website.
3. These Terms and Conditions apply exclusively to your access to, and use of, the Website and in no way alter the terms and conditions of any other agreement you may have with Centbee for products, services or otherwise.
4. PLEASE NOTE FURTHER THAT if you have not read, understood or agreed with the Terms and Conditions, as published on our Website from time to time,
you should immediately refrain from accessing and/or using Centbee’s Website, Centbee’s Mobile Application and Centbee’s Services.
5. 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 Website or Mobile Application 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.
6. 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.
7. A certificate (letter) signed by the administrator of this Mobile Application Website 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 ApplicationWebsite from time to time.
8. 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 should you have any queries then please contact us on:
9. CENTBEE’S SERVICES
9.1. The utilisation of this Website does not create any liability on Centbee to provide the Services to you.
9.2. Before you are entitled to use any of Centbee’s Services, you must register an Account with us and we must accept your registration.
9.3. We may accept or reject your registration at our sole discretion and judgment without giving reasons. Once your application is accepted, it does not imply that we will not re-evaluate your application at a later time. We reserve the right to reject your application at any point in time, at our sole discretion.
9.4. PLEASE NOTE THAT for each Service offered, separate terms and conditions may apply. If there is any difference between these Terms and Conditions and the specific terms and conditions of any service, those specific terms and conditions will apply.
10. CAPACITY TO ENTER INTO AGREEMENTS
10.1. By accessing and/or utilising Centbee’s Website, you warrant to us that you are legally capable of agreeing to these Terms and Conditions and any other relevant terms and conditions as published on this Website from time to time.
10.2. 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.
11. YOUR USE OF OUR WEBSITE
11.1. You may access and use this Website only for lawful purposes and only in accordance with these Terms and Conditions.
11.2. 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 Website.
11.3. 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 Website or the information contained herein, without the prior written consent from us.
11.4. You may not at any time attempt or actually alter, reverse-engineer, modify, circumvent, amend, tamper with, or change any part of this Website and/or any security features of this Website.
11.5. You may not use this Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
11.6. You agree not to:
11.6.1. use this Website for illegal or inappropriate purposes;
11.6.2. interfere with or disrupt the proper operation of this Website;
11.6.3. attempt to gain unauthorised access to this Website, system, or any other part of this Website you do not have access rights to;
11.6.4. 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.
12. INFORMATION ON OUR WEBSITE
12.1. All information contained on this Website, or any related site, is only
intended to provide you with general information about us, our products,
our services, and our vision.
12.2. All information is provided “as is” and nothing on this Website should be
relied upon or construed or made out to be financial or investment advice.
12.3. No 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.
12.4. Centbee is not accountable, does not assume any liability and does not provide any warranties, either expressly or implied, regarding the accuracy, completeness or reliability of any content displayed on the Website.
12.5. Centbee is not a financial institution and does not hold a deposit-taking license or Bank license.
12.6. Centbee is not a Financial Services Provider and does not offer financial services or advice.
12.7. You should always consult with an appropriately qualified person before doing anything based on any information on this Website.
12.8. Centbee does not screen or edit the content available from third parties on the Centbee Website 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.
12.9. Under no circumstances whatsoever shall Centbee be held liable for any damages, whether direct, indirect, incidental, special, consequential or punitive, including, without limitation, any loss of profits or revenues, or any loss of data, use, good-will, or other intangible losses, in connection with the Website or content published on the Website.
13. MONITORING OF THE WEBSITE
13.1. Centbee reserves the right, but does not undertake the obligation, to monitor the use of this Website and to investigate and take appropriate legal action against any party that uses our Website in violation of these Terms and Conditions.
14. YOUR PRIVACY AND SECURITY
14.1. We take your privacy and security of personal information very seriously.
14.2. By entering any and all personal information on this Website, registering with the Website, the Mobile Application or creating an Account, you consent to the processing of your personal information by Centbee in terms of POPIA.
Should you decide to register as a user on our Website, you will be required to provide personal information to Centbee and will be bound by these Terms and Conditions as read with the terms and conditions applicable to the Mobile Application which incorporates the User Agreement.
15. LINKING TO THIRD-PARTY WEBSITES
15.1. This Website may contain links or references to other Websites (“Third Party Websites”) and services, and you agree that Centbee provides links to and integrations with such Websites and services solely as a convenience and has no responsibility for the content or availability of such Third Party Websites or services.
15.2. The content contained in the Third Party Websites is the copyrighted work of its owner, who expressly retains all rights, title, and interest in and to the content including all Intellectual Property Rights.
15.3. These Terms and Conditions do not apply to 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.
15.4. Notwithstanding the fact that this Website 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 thereon.
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 Website, 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. We do not give any warranty about any other website, software, or hardware, including their security or performance.
16. ELECTRONIC COMMUNICATIONS
17. RISK OF SENDING INFORMATION OVER THE INTERNET
17.1. There is always a risk when sending information over the internet.
17.2. Centbee takes 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.
18. OUR INTELLECTUAL PROPERTY
18.1. The contents of this Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Centbee (Pty) Ltd, its advertisers and/or sponsors, and/or licensed to us.
18.2. Centbee holds the copyright Centbee © 2020 Centbee, Sandton, South Africa and all rights not expressly granted are reserved.
18.3. 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.
18.4. You will not acquire any right, title, or interest in or to this Website or the Website Content.
18.5. 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:
18.5.1. it is for the purposes of deciding whether to use, or using Centbee’s Services;
18.5.2. it is not used for any commercial purposes; and
18.5.3. any copy of the content from any part of our Website must show our copyright notice.
18.6. Where any of the Website 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.
19. AVAILABILITY, CLOSING, SUSPENDING OR LIMITING THE WEBSITE
19.1. Centbee will use reasonable endeavours to maintain the availability of the Website, except for during scheduled maintenance periods.
19.2. Centbee may, however, change, limit the functions, suspend, or close the Website temporarily or permanently without providing you with notice of our intention to do so.
19.3. Centbee make no express or implied representation or warranty:
19.3.1. that the Website will be available for access at all times, or at any time on a continuous uninterrupted basis;
19.3.2. as to the operation, quality, or functionality of the Website;
19.3.3. that the Website will be free of errors or defects; and
19.3.4. that the Website 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.
20. DISCLAIMER AND LIMITATION OF RESPONSIBILITY
20.1. You understand and acknowledge that the Website and Website Content is provided “as is” and “as available”.
20.2. Centbee cannot be held liable for any inaccurate information published on this Website, save where such liability arises from the gross negligence or wilful misconduct of us, our employees, agents, or authorised representatives but excluding any third parties.
20.3. 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 Website or the content contained on the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.
20.4. 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.
20.5. You hereby indemnify Centbee (Pty) Ltd 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 Website and/or any linked third party website.
21. HOW DISPUTES WILL BE RESOLVED
21.1. Any dispute related to this Website or any of our services or products will be decided by arbitration unless either party applies for urgent action against the other.
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. GOVERNING LAW AND JURISDICTION
22.1. 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 South Africa.
22.2. Your continued use of this Website 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.
22.3. In the event of any dispute arising between you and us, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
22.4. Nothing in these Terms and Conditions limits your right to approach any court, tribunal, or forum of competent jurisdiction.
23.1. 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.
23.2. 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.
23.3. Notices must be sent either by hand, prepaid registered post, email or SMS and must be in English.
23.4. All notices sent:
23.4.1. by hand, will be deemed to have been received on the date of delivery;
23.4.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
23.4.3. 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
23.4.4. 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.
24. DATA PROTECTION
24.1. We undertake to comply with the provisions of all applicable data protection legislation, including but not limited to the Protection of Personal Information Act 4 of 2013 and the General Data Protection Regulation (“GDPR”) on date protection and privacy in the European Union and the European Economic Area, to the extent that such legislation relates to the provisions and obligations of these Terms and Conditions.
25.1. 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
service (also postal and street address):
Fire Station Building,
10 th Floor,
16 Baker Street,
Phone number: +27 87 0940995
Email address: email@example.com
26.1. We, at our sole discretion, at any time and for any reason and without prior written notice, may suspend or terminate the operation of this Website or the user’s right to use this Website or any of its contents subject to us processing any orders then already made by you.
26.2. You may not cede, assign, or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
26.3. Any failure on the part of you or us to enforce any right in terms hereof shall not constitute a waiver of that right.
26.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
26.5. 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.
26.6. 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).
26.7. 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.
26.8. Furthermore, in the event that any provision or part thereof of these Terms and Conditions are 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.
26.9. 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.
26.10. 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.
26.11. 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.
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