Rewardex (Proprietary) Limited. (“Rewardex”, “we”, “our”, or the “Company”) welcomes you (the “User” or “you”) to our downloadable mobile application (the “App”) and website (the “Website”) (referred to as the “Service”, as further detailed below).

 

By using, accessing and connecting to the Service, you acknowledge that you have read and understood the following terms and conditions, including the terms of our Privacy Policy  (collectively, the “Terms”) and agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service and you acknowledge that these Terms constitute a binding and enforceable legal contract between Rewardex and you, regarding your use of the Service.

IF  YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, ACCESS, OR USE OUR SERVICE IN ANY MANNER.

By your acceptance of these Terms, you represent that any and all information you provide us through the Service is true and accurate. The provision of any false or fraudulent information is strictly prohibited. Your failure to comply with the Terms may, at Rewardex’s sole discretion, result  in the termination of your access to the Services and may also expose you to civil and/or criminal liability.

You further consent to receive electronic communications from us. We may communicate with you in a variety of ways, such as by e-mail, in-app push notifications and SMS.

 

1.       Service

Rewardex provides Users with a mobile application platform enabling Users to: (i) capture and store digital images and information on Users loyalty and reward program/account cards, such as membership/account number, account name and account status; (ii) capture information of Users data accounts, such as mobile/account number and account name; (iii)  receive updated balances of these loyalty and reward programs/accounts and data accounts; (iv) deposit funds into and withdraw funds from the Users in-app cash wallet to facilitate User initiated trades and transfers of the Users points, miles and data for cash, with other Users who are members/account holders within the same program or have accounts with the same program or data service provider. Users shall pay a fee, for each successful trade or transfer, and Rewardex may from time to time, without prior notice, change the fee which shall be effective immediately on publication thereof.

 

2.       Accounts

Creating an account is necessary for the use of the Services.

 

Creating an Account will allow you to: capture and store digital images and information of your loyalty and reward program/account cards, such as membership/account number, account name and account status, capture information of your data accounts, such as mobile/account number and account name, receive updated balances of these loyalty and reward programs/accounts and data accounts, to deposit funds into and withdraw funds from your in-app cash wallet to facilitate the trade and transfer of the your points, miles and data for cash, with other Users who are members/account holders within the same program or have accounts with the same program or data service provider; retrieve all the digital images and information of your loyalty and reward program/account cards and data accounts, updated balances of your loyalty and reward program/accounts and data accounts, in-app settings, in-app notifications and access to your in-app cash wallet, when restoring or downloading the App to a different device.

 

You are solely responsible for maintaining the confidentiality of your Account. You agree to accept responsibility for all activities that occur under your Account. You are required to create a password, and if you have reason to believe that your Account is no longer secure, then you must immediately notify us at support@rewardex.com.

 

3.       Eligibility

You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant that: (i) you are at least eighteen (18) years of age; and (ii) if the User of the Services is under the age of eighteen (18) or is under the age of legal eligibility and capacity in the jurisdiction applicable to such User you hereby confirm that you are the legal guardian of the User and both you and the User have read and agreed to these Terms and approved of the User’s continued use of the Service subject to these Terms; (iii) you have not previously been suspended or removed from the Service; and (iv)  your use of the Service is in compliance with any and all applicable laws and regulations.

 

If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

 

4.       User Representations and Undertakings

You represent and warrant throughout your use of the Services that: (i) you have full authority to agree to these Terms, and that there is no restriction, limitation, contractual obligation or statutory obligation which prevents you from fulfilling your obligations under this Agreement; (ii) you are and will continue to be in compliance with all applicable laws and rules, government (state, local, and community) regulations and requirements relating to you and the Service; (iii) your use of the Service has not been previously blocked, suspended or terminated; (iv) you did and do not authorize a third party to do any of the foregoing; and (v) you will not infringe or violate any of these Terms.

 

5. Use Restrictions

There are certain conducts, which are strictly prohibited on and/or with respect to the Services. Your failure to comply with the provisions set forth below may result (at Rewardex’s sole discretion) in the termination or suspension of your access to the Services and may also expose you to civil and/or criminal liability.

 

You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Service (or any part thereof); (ii) use the Service and/or in connection with any spam, unsolicited mail, harassment, wire fraud or similar conduct; (iii) interfere with or violate any other User or other third party’s right to privacy or other rights including intellectual property rights or collect personally identifiable information about any Users of the Service without their express consent, including using any site search or retrieval application, or other manual or automatic device or process to retrieve or data-mine; (iv) harass, stalk, threaten, abuse, defame or otherwise violate the legal rights of others; (v) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, program or file that may damage or hijack, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vi) interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or disobey any requirements, procedures, policies, or regulations of such servers or networks; (vii) sell, license, or exploit for any commercial purposes any use of or access to the Service; (viii) frame or mirror any part of this App without Rewardex’s prior express written authorization; (viv) create a database by systematically downloading and storing all or any of the content from the Service; (x) impersonate any person or entity or provide false or misleading personal information; (xi) use the Service for any illegal, immoral or unauthorized purpose; (xii) use the Service  for non-personal or commercial purposes without Rewardex’s express prior written consent.

 

6.       User Material

Certain features of the Service may allow Users to post and edit material, ratings, reviews, report data errors and other types of matter (collectively, “User Material”) and to publish User Material on the Service /App. When you use or generate the Material, through your use of the Service, please respect the rights of others including any intellectual property, proprietary rights and privacy rights of third parties regarding the User Material you provide to Rewardex and/or the Service. Rewardex will not bear any liability for any loss, damage, cost or expense which may be incurred by you as a result of or in connection with providing any User Material. User Material may only be contributed by you if you have created an Account.

 You further recognize and agree that: the User Material is non-confidential; you are solely responsible for your User Material and the outcomes of providing or posting such User Material on the Service, in any capacity.

You represent and warrant that: your User Material is true, correct, up-to-date and complete; you are the rightful owner of the User Material you provide to the Service, or that you have (and will continue to have) all necessary licenses, rights, consents and permissions from the rightful owners of such User Material and/or the subjects of such User Material; and that such User Material does not infringe any third party’s intellectual property rights or other rights, including without limitation, any privacy rights, publicity rights and copyrights.

IT IS THE USER’S SOLE RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER MATERIAL, INCLUDING WITH RESPECT TO THE UPLOADING OF ANY PHOTOS AND TO ADHERE TO ANY APPLICABLE LAWS REGARDING SUCH INFORMATION.

Without derogating from the above, you expressly agree that the User Material you upload will not include: (i) any spam, unsolicited promotions, advertising, contests or raffles; (ii) harassing, abusive, offensive, indecent, pornographic, abusive, fraudulent, defamatory, libelous, threatening vulgar, or otherwise unlawful material; (iii) material that unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class; (iv) material that induces or supports criminal behavior or conduct that would constitute a criminal offense under any law, or  may give rise to civil liability or other lawsuit;  or (v) material that might reasonably pose a risk to a person’s safety, security or health. The above examples of unlawful and prohibited User Material are not an exhaustive list.

 

Rewardex is under no obligation to edit, monitor or control User Material that you or other Users provide or upload, and will not in any way be responsible or liable for User Material. Although Rewardex has no obligation to screen, edit, control or monitor any of the User Material, we explicitly reserve the right, at Rewardex’s sole discretion, to remove, edit or block without prior notice, any User Material made available on the Service, at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Material you post on the Service at your sole expense.

 

If notified by a User or material owner that User Material allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Material, at any time and without notice. For clarification, Rewardex does not permit copyright-infringing activities on the Service.

 

When you upload, provide or make available any User Material on the Service, you grant to (i) Rewardex an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub- licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy and make available to the public such User Material along with the User information you provide in connection with such User Material, in connection with the Service, through any media formats and channels known today and developed in the future; and (ii) each User of the Service has a non-exclusive and royalty-free license to access your User Material through the Service and to use such User Material for personal and non-commercial purposes. Rewardex shall not bear any liability for any use by any third party of the User Material. In addition, you hereby explicitly waive any moral right you may have in and to the User Material and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Material 

 

7.       Feedback

If User provides Rewardex with any suggestions, comments or other feedback relating to App and Service (collectively, “Feedback”), such Feedback is deemed the sole and exclusive property of Rewardex from the moment provided, and User hereby irrevocably assigns to Rewardex all of its rights, title and interest in and to all Feedback, if any, and waives any moral rights to it (or anyone on its behalf) may have in such Feedback. Without derogating from the foregoing, User hereby represents and warrants that it shall not provide any Feedback which is subject to any third party rights or any limitations, and, without derogating from the foregoing, shall promptly inform Rewardex as soon as it becomes aware of any third party right or limitation which may apply to Feedback already provided.

 

8.       Privacy Policy

Rewardex respects your privacy and is committed to protect the information you share with it, described further in our Privacy Policy. If you intend to connect to, access or use our Services you must first read and agree to the Privacy Policy.

 

9.       Intellectual Property Rights

The Service, the User Content, the design, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, Rewardex’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, copyrightable materials, graphics, text, images, trademarks, trade names, logos, designs, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, specifications, methods, procedures, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to Rewardex, and are subject to copyright and other applicable intellectual property rights under South African laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, make any commercial use, sell, rent, lend, process, compile, decompile, disassemble, adapt, sublicense, reverse engineer, combine with other software, translate, modify or create derivative  works  of  any  material  that  is  subject  to  Rewardex’s  proprietary  rights, including Rewardex’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.

 

All logos and other proprietary identifiers used by Rewardex in connection with the Service, (“Name Trademarks”) are all trademarks and/or trade names of Rewardex, whether registered or not. All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Service belong to their respective owners (“Third Party Marks”). No right, license, or interest to Rewardex Trademarks and/or to the Third Party Marks is granted, and you agree that no such right, license, or interest shall be asserted by you with respect to either the Rewardex Trademarks or the Third Party Marks and  you  may not and will avoid using any of those trademarks, unless expressly permitted.

 

You are  prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Rewardex and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Rewardex marks and logos, whether registered or not.

 

10.   Third Party Services

Rewardex also uses and collaborates with, third party providers to provide additional related services. The Service may be linked to and/or through certain third-party websites and other third-party services. We also continuously update our Services with new offerings of new related services and features, some of which may be experimental, temporary and/or offered in limited locations (collectively, “Third Party Providers”). Such Third-Party Providers are independent from the Service. You acknowledge that Rewardex has no control over such Third Party Providers, and recognize and agree that Rewardex is not responsible for the availability of Third Party Providers, does not endorse nor is it responsible or liable for any content, advertisements, products, services or any materials available on and/or through such Third Party Providers. Third-Party Providers generally have  legal terms, including terms of use and privacy policy, regarding the use of each such Third Party Providers, their contents and services. We encourage you to read these legal documents carefully before using any such Third Party Providers.

 

ANY THIRD-PARTY PROVIDERS ARE INDEPENDENT FROM THE SERVICE AND REWARDEX IS IN NO WAY RESPONSIBLE FOR, LIABLE FOR, NOR MAKES ANY REPRESENTATIONS ON BEHALF OF, SUCH THIRD PARTY PROVIDERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT REWARDEX SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS WHATSOEVER CAUSED, OR ALLEGED TO BE CAUSED, BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY GOODS, SERVICES, CONTENT,PRODUCTS  OR  OTHER  MATERIALS  AVAILABLE  ON  OR  THROUGH SUCH THIRD-PARTIES.

 

11.   Third Party Components

The Service may use or include third-party software and components that are subject to open source and third-party license terms (“Third-Party Elements”). Your right to use such Third-Party Elements as part of ir with regard to, the Service is dependent on any acknowledgments applicable license terms accompanying such Third-Party Elements, contained or in connection therein. If there is a conflict between the licensing terms of such Third-Party Elements and these Terms, the licensing terms of the Third Party Elements prevails only in connection with the related Third Party Elements. These Terms do not apply to any Third Party Elements contained in the Service and Rewardex disclaims all liability related thereto. You acknowledge that Rewardex is not the author, owner or licensor of any Third Party Elements, and that Rewardex makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Elements. Under no circumstances shall the Service or any portion thereof (except for the Third Party Elements contained therein) be deemed to be “open source” or “publicly available” software.

 

12.   Additional Rewardex Services

Each User, using the below-mentioned services, shall ensure that it shall have in full force a written agreement (in the form of terms of use, terms of service of otherwise) with its end users governing the relationship between the User and the end user, which contains adequate disclosures and obtains all rights, authority permissions, approvals and informed consents from such ends users, in accordance with applicable law and with Rewardex’s Privacy Policy, to permit Rewardex to perform its Service including the access, storage, collection analysis, processing, display, transfer, and other use, of the end user’s data for the purpose of providing the Service.

 

13.   Availability

The Service availability and operability depends on several factors, such as software, hardware, and Rewardex’s service providers and contractors. Rewardex does not warrant or guarantee that the Service will function and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.

 

14.   Changes to the Service

Rewardex reserves the right to modify, enhance, improve, correct, amend, make any other changes to, or discontinue, temporarily or permanently the Service (or any part thereof) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Material provided under the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Rewardex shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Service.

 

15.   Disclaimer and Warranties

USER ACKNOWLEDGES BY AGREEING TO THE TERMS HEREIN THAT REWARDEX (AND ITS AFFILIATES) PROVIDE NO WARRANTIES AS TO THE PERFORMANCE, CORRECTNESS, OPERABILITY OR SUITABILITY OF THE SERVICE FOR ANY PARTICULAR PURPOSE. NAME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SERVICE. THE SERVICE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON- INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

 

REWARDEX AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SERVICE.

 

REWARDEX DOES NOT WARRANT THAT THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. NAME MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.

 

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SERVICE, IS  ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.

 

16.   Limitation of Liability

IN NO EVENT SHALL REWARDEX AND/OR ANY OF THE NAME AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICE, USE OR INABILITY TO USE THE SERVICE, FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SERVICES.

 

NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN THREE (3) YEARS AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.

 

SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR NAME’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF NAME AND/OR ANY NAME AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL REWARDEX’S CUMULATIVE LIABILITY TO YOU EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO REWARDEX FOR USE OF THE SERVICE FOR A THREE (3) MONTH PERIOD PRECEDING THE OCCURRENCE OF THE LIABILITY OR ZAR100.00 (ONE HUNDRED SOUTH AFRICAN RAND), WHICHEVER IS LESS. IF YOU HAVE NOT MADE ANY PAYMENTS TO NAME FOR THE USE OF THE SERVICE, THEN REWARDEX SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

 

17.   Indemnification

You agree to defend, indemnify and hold harmless Rewardex and any Rewardex Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly from: (i) your use of the Service (or any part thereof); (ii) breach of any term of these Terms by you; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of (or inability to use) the Service; (iv) your violation of any third party intellectual property rights, privacy rights or other rights through your use of the Service or provision of information to the Service (including but not limited to obtaining consents from the requisite parties); and (v) your violation of any applicable law or regulation.

 

18.   Amendment of Terms

Rewardex may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Notice. Substantial changes of these Terms will be first notified on the Service regarding such changes to the email address that is registered under your Account. Such substantial changes will take effect five (5) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of seven (7) days as of the date stated as “Last Updated”, and your continued use of the Service after the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.

 

19.   Termination of Service

At any time, Rewardex may block your access to our Service and/or temporarily or permanently limit, suspend or terminate your access to the Service, for any reason, at its sole discretion, in addition to any other remedies that may be available to Rewardex under any applicable law. Such actions by Rewardex may be taken if Rewardex deems that you have breached any of these Terms in any manner.

 

Additionally, Rewardex may at any time, at its sole discretion, cease the operation of our Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Rewardex does not assume any responsibility with respect to, or in connection with the termination of our Service’s operation and loss of any data. The following provisions shall survive the termination or expiration of the Terms: Section 4 (User Representations and Undertakings); Section 5 (Use Restrictions); Section 6 (User Material): Section 7 (Feedback); Section 8 (Privacy Policy); Section 9 (Intellectual Property Right); Section 10 (Third Party Services); Section 11 (Third Party Components); Section 15 (Disclaimer and Warranties); Section 16 (Limitation of Liability); Section 17 (Indemnification); Section 19 (Termination of Service); and Section 21 (General).

 

20.   Misconduct

If you believe a User, including Third Party Providers, acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behavior ore content, please report immediately such person to the appropriate authorities and to us.Please send us an email to support@rewardex.com.

 

21.   General

These Terms do not, and shall not be construed to create any partnership, joint venture, employer- employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Service or use of the Service will be governed by and interpreted in accordance with the laws of South Africa, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this App and/or the Service shall be submitted to arbitration in Johannesburg, Gauteng, South Africa. You hereby consent to the exclusive jurisdiction and venue, that arbitration under these Terms shall be conducted under the rules then prevailing of the South African Arbitration Association and that the arbitrator's award shall be binding and may be entered as a judgment in any court of competent  If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Rewardex’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Rewardex relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Rewardex. Notices to you may be sent via email or regular mail. Our Service may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

22.   Contact

If you have any questions (or comments) concerning the Terms or the Service, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: support@rewardex.com

 

By contacting us, you represent that you are free to do so and that you will not knowingly provide Rewardex with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Rewardex, and Rewardex may use or refrain from using any such information at its sole discretion.