TERMS AND CONDITIONS OF USE Please note that your use of the Service is governed by the terms and conditions Set out below. Before using the Service in any way whatsoever, you must Read and ensure your understanding and unconditional agreement to all of the terms Set out herein ("the Terms"). Use of the Service implies your acceptance without modification of all of the Terms, As well As the terms and conditions of any third party service or content providers who are providing the Service in affiliation With Cynergy, all of which are hereby incorporated by reference into the Terms. You are therefore bound to the Terms As soon As you use the Service ('the effective date"), whereafter the Terms will constitute a legal agreement between you and Cynergy. If you do not agree to all of the Terms, you may not use the Service. Cynergy reserves the right to update or revise the Terms from time to time without notice to you. Subject to the provisions of 7.5, the updated or revised version of the Terms will be displayed on this website together with the date on which it will become effective, which will never be less than 30 days after the date on which it was first displayed. Please check the Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms constitutes your acceptance of those changes. 1. Definitions 1.1 For convenience, Cynergy has defined certain words and phrases used throughout the Terms : 1.1.1 "Information" means any information, content, graphics, sound, image or other material transmitted through the Service; 1.1.2 "Cynergy" or "we" or "us" or "our" means Cynergy; 1.1.3 "Cynergy Mobile" means the Cynergy Mobile website located at URL www.cynergy.co.za or such other URL As Cynergy, in its sole discretion may determine from Time to Time; and 1.1.4 "Service(s)" means your access to Cynergy Mobile or your participation in, purchase of and/or use of any of the services, information, content and/or any other offerings available or offered For sale in or through Cynergy Mobile from Time to Time. 2. The Service 2.1 Please note that - 2.1.1 only certain mobile phones are compatible With the Service and that it is you responsibility to ensure that you mobile phone is compatible and able to receive the Service before using any part of the Service; 2.1.2 Services subject to the payment of service charges, will only be provided once payment has been confirmed to or received by Cynergy; 2.1.3 the quality and coverage of the Service received by you may be adversely affected by your geographical whereabouts, physical features such As buildings and underpass As well As atmospheric conditions and other causes of interference; 2.1.4 all Information received through the Service does Not reflect the opinion of Cynergy and should be independently verified before relying On or entering into any transaction based On such Information; and 2.1.5 the Service is provided "as is" and "as available", without any guarantees, warranties and/or representations of any kind, either express or implied and you are using the Service at your own discretion and risk. 3. Use of the Service 3.1 You hereby acknowledge and agree - 3.1.1 to use the Service in accordance With the provisions Set out in the Terms; 3.1.2 to use the Service For your own personal use only; 3.1.3 to pay all fees and charges that are incurred by you or by anybody Else On your behalf in the use of the Service; 3.1.4 to provide Cynergy With any information and co-operation that it may require in relation to the Service; 3.1.5 to ensure that your mobile phone is compatible With the Service before using the Service; 3.1.6 Not to reproduce, duplicate, Copy, sell or resell the Service or any part thereof; 3.1.7 Not to use the Service - 3.1.7.1 to infringe the intellectual Property rights (For example copyright or trade marks) or other proprietary rights of Cynergy and/or any other person; 3.1.7.2 For any commercial purposes or to obtain a financial gain, including (without limitation) advertising products and/or services or the resale of SMS messages; 3.1.7.3 in any manner that could damage, impair, overburden or disable the Service, any of the hardware, software, servers and/or networks providing the Service or interfere With any other party's use or enjoyment of the Service; 3.1.7.4 to post or transmit anything which contains viruses or any other destructive features, regardless of whether or Not damage is intended; 3.1.7.5 or allow any other person to use the Service to engage in any immoral, unauthorised, illegal, unlawful or fraudulent activity; 3.1.7.6 to engage in any abuse of e-mail or spamming, including (without being limited to) the transmission or sending of unsolicited articles With the same or substantially the same message to recipients that did Not request to receive such messages; 3.1.7.7 to Send anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights; 3.2 Should you engage in any one or more of the above practices, which shall be determined in Cynergy's sole discretion and which decision shall be final, then Cynergy shall be entitled, without prejudice to any other rights it may have, to: 3.2.1 without notice, suspend your access to the Service; 3.2.2 terminate this agreement With immediate effect; 3.2.3 bill you For any costs incurred by Cynergy As result of or in connection With your engagement in one or more of the practices contemplated under 3.1; and/or 3.2.4 notwithstanding Cynergy's privacy policy, disclose any information relating to you, whether public or personal, to all persons affected by your actions. 4. Service Availability 4.1 Cynergy will use reasonable endeavours to keep the Service available at all times. However, you agree that Cynergy shall Not be liable to you or any other person whatsoever in respect of any loss or damages caused by or arising from the unavailability of, or any interruption in the Service For any reason whatsoever. 4.2 Cynergy will use its best endeavours to notify you of any maintenance and repairs that may result in the Service being unavailable, but does Not warrant that such notice will be given in advance. 4.3 Neither you nor any other person shall have any claim against Cynergy For any direct, consequential, incidental, indirect or special loss or damages including (without being limited to) business interruption, loss of business information, loss of data or other pecuniary loss, arising from the unavailability of, or interruption in the Service As contemplated in 4.1, regardless of whether such claim is based On breach of contract, delict, breach of implied warranties or otherwise and even If the possibility of such loss or damages could have been foreseen. 5. Confidentiality 5.1 Cynergy does Not warrant that your use of the Service will be confidential and secure and hereby expressly disclaims all warranties of any kind, whether expressed, or implied, For the security of the Information transmitted through the Service. 5.1 You hereby acknowledge and agree that 5.1.1 Cynergy is Not responsible For the security of Information transmitted through the Service, including (but Not limited to) the transmission of the payment information such As credit card numbers; and 5.1.2 Cynergy will Not be liable For any loss or damage that you or any other person may suffer As a result of a breach of confidentiality and/or security in respect of your use of the Service, including (without limitation) unauthorised access by third parties to any payment information, such As your credit card number, transmitted through the Service. 6. Communication 6.1 You hereby agree that Cynergy may from Time to Time Send you communications regarding (without being limited to) special offers/discounts that Cynergy may negotiate For its users, operational changes that may affect the Service and/or new Services launched by Cynergy from Time to Time. 7. Payment 7.1 All fees and charges incurred by you or by anybody Else On your behalf in the use of the Service, will be paid by you to Cynergy free of exchange and without deduction or Set-off of any kind, by credit card or in such other manner As Cynergy may from Time to Time determine. 7.2 All fees and charges Set out in Cynergy Mobile are exclusive of Value Added Tax. 7.3 You may Not Cancel any credit card authority subsequent to using the Service. 7.4 Should you fail to pay any amount On the due For payment, Then, without prejudice to any other rights Cynergy may have: 7.4.1 such amount shall bear interest at the Rate of 2% above the prime overdraft Rate of Cynergy's bankers from time to time, calculated from the due date until the date of payment (both dates inclusive) and will be capitalised monthly; 7.4.2 Cynergy shall be entitled to take all such further steps As may be necessary to recover the outstanding amount from you, in which Event you agree to pay all costs associated With such recovery On an attorney and own client basis; 7.4.3 Cynergy shall be entitled to, without notice, suspend your access to the Service until such Time As the outstanding amount has been paid in full; and/or 7.4.4 Cynergy shall be entitled to terminate this agreement With immediate effect. 7.5 Cynergy shall, in its sole discretion, be entitled to increase or decrease the fees and charges payable in respect of the Service at any Time without notice to you. 7.6 You may Not withhold payment of any amount due to Cynergy in terms of this agreement by reason of any alleged breach of this agreement by Cynergy, nor will you be entitled to any discount, refund or other credit under any circumstances. 8. Security 8.1 In order to ensure the security and reliable operation of the Service to all users, Cynergy hereby reserves the Right to take whatever action Cynergy finds necessary to preserve the security and reliability of the Service. 8.2 You may Not utilise the Service in any manner that may compromise the security of Cynergy's network or tamper with the Service or the network in any manner whatsoever. 9. Disclaimer and Limitation of Liability 9.1 Cynergy shall Not be liable to you or any other third party whatsoever For any incidental, special or consequential damages including (without limitation) loss of profits arising from this agreement, even If notice was given of the possibility of such damages. 9.2 You agree that you are using the Service at your own risk and that Cynergy will Not be liable to you or any other third party For any loss, costs or damages suffered by you or any other third party arising from, or in any way relating to, 9.2.1 your access to, use of, or reliance On the Service, including (without limitation) any Information, in any way whatsoever; 9.2.2 the accuracy, completeness, reliability of the Service; 9.2.3 the timely transmittance of Information or undelivered Information; 9.2.4 the unavailability of, or interruption in, the Service; 9.2.5 a failure to or any problem With or defect in the Service; 9.2.6 any suspension or discontinuance of the Service or termination of this agreement by Cynergy in accordance With the provisions of this agreement; and 9.2.7 any amendment to or variation of the Terms and/or the Service. In such Event your sole and exclusive remedy will be to discontinue using the Service. 9.3 The parties agree that the provisions of this clause 9 will survive the termination of this agreement For ay reason whatsoever. 10. Indemnity 10.1 You hereby unconditionally and irrevocably indemnify Cynergy and agree to hold Cynergy free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Cynergy or instituted against Cynergy As a direct or indirect result of: 10.1.1 your access to, use of and/or reliance On the Service; 10.1.2 your failure to comply With any provision of this agreement or any other requirements which Cynergy may impose from Time to Time; 10.1.3 any unavailability of, or interruption in the Service, As contemplated in 4 above; and 10.1.4 any and all claims, actions and/or proceedings alleging fraud, breach of security, non compliance With laws, breach of contract or negligence by you. 10.2 The parties agree that the provisions of this clause 10 will survive the termination of this agreement For ay reason whatsoever. 11. Termination of the Service 11.1 Cynergy reserves the Right to modify, suspend, or discontinue the whole or any part of the Service at any Time whatsoever without notice to you, whereupon your access to and use of the Service shall automatically terminate and all payments already made by you, will be retained Cynergy. 12. Breach Should you be in breach of any provision of this agreement, Then Cynergy shall be entitled, without prejudice to any other rights it may have and without notice to you, to forthwith: 12.1 claim immediate payment of all outstanding amounts payable in terms of this agreement; 12.2 suspend your access to the Service; and/or 12.3 terminate this agreement, retain all amounts already paid by you and recover all costs incurred by Cynergy, including (without being limited to) legal costs On an attorney and own client basis. 13. Certificate of Indebtedness 13.1 The amount due and payable by you to Cynergy in terms of this agreement at any Time shall be determined and proved by a certificate signed by one of Cynergy's directors, whose appointment, qualification and authority need not be proved. 13.2 Such certificate shall be deemed to be a liquid document For the purpose of obtaining summary judgment, provisional sentence and/or any other judgment against you. 14. Cession and Delegation 14.1 You may Not cede any of your rights or delegate any of your obligations under this agreement without Cynergy's express written consent. 14.2 Cynergy shall be entitled, in its sole discretion and without notice to you, to cede and transfer or delegate to any third party all or any of its rights or obligations under this agreement. 15. Jurisdiction You hereby consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by Cynergy arising out of this agreement, provided that Cynergy shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court. 16. Duration This agreement will commence On the effective Date and will endure For an indefinite period, subject to the Right of either party to terminate this agreement at any Time by means of 1 (one) calendar Month prior written notice to such effect to the other party. Upon termination of this agreement, any outstanding amounts remain payable and have to be settled within 30 days of termination. 17. Third Party Sites 17.1 Cynergy Mobile contains links to third party sites. Cynergy is Not responsible and does Not Accept liability For the products, services, content or any offerings available in or through such sites. The links are provided solely For your convenience and Do Not indicate, expressly or impliedly, any endorsement of the site(s) or the products, services or offerings available in or through such sites. You access those sites and use their products and/or services solely at your own risk. 18. General 18.1 The parties acknowledge and agree that this agreement sets out the whole of the agreement between them and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which any party is relying in concluding this agreement. 18.2 The parties Choose their respective domicilia citandi et executandi For the purposes of giving any notice, the serving of any process and For any other purposes arising from this agreement As follows: 18.2.1 Cynergy: 32 Le Toessrek Constantia Kloof 18.2.2 you: the address you provided to us when subscribing For the Service. 18.3 You agree that any notices we Send to you in terms of this agreement may be sent via e-mail and/or SMS message. 18.4 No indulgence, leniency or extension of Time that Cynergy may grant or Show to you shall in any way prejudice Cynergy or preclude Cynergy from exercising any of its rights in the future. 18.5 You warrant that As at the effective Date, all the details furnished by you to Cynergy, including (without limitation) bank details, are True, current, accurate and complete in all respects and that you will notify Cynergy forthwith in the Event of any change to such details.
On sumiting the above information, I hereby declare that I have read and agree to the Terms & Conditions
stipulated on this web page.

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