1. INTRODUCTION
1.1 The Pdial service, and website, viz www.Pdial.co (hereinafter collectively referred to as “service” or “the service”) are presently owned and operated by MacMoney Mobile Banking Solutions (Pty) Ltd, registered address being PO Box 3352 Dainfern 2055 (hereinafter referred to as “Pdial”).
1.2 These General Terms set forth the main terms and conditions applying to and governing the agreement between you (hereinafter referred to as "you", “yourself” or "User") and Pdial.
1.3 The date of the current version of these terms and conditions is noted above.
2. ACCEPTANCE OF TERMS
2.1 Membership of the Service is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the website (hereinafter collectively referred to as the “General Use Terms and Conditions”, "the terms", “these terms and conditions” or “general terms”).
2.2 By utilising the service, or by submitting the membership application process you are hereby expressly, alternatively impliedly acknowledging your acceptance of these terms and conditions, and your agreement to be bound hereto.
2.3 Should you not agree with the terms, as stated herein, it is your obligation, and prerogative, to terminate your account/membership, in accordance with the mechanism provided by the website and/or app.
2.4 Pdial reserves the right to amend, alter or adjust the terms and conditions within their discretion (“amendment”). Such amendment shall be made upon notice to yourself, the user. Continued use of the service after the posting of these changes constitutes your acceptance of the updates, and changes.
3. DEFINITIONS
Pdial: MacMoney Mobile Banking Solutions (Pty) Ltd, registered address being O Box 3352 Dainfern 2055.
Pdial Support Services: services that Pdial provide, including the provision and maintenance of the Pdial app/website, the Pdial Platform, end user support and communication between you customer and the end user or similar support services as described and/or alluded to in these general terms.
Pdial Service: is a programme that facilitate two-way text message communicaiton between a user and customer. The programme requires the user to have data services to enable the two-way communication.
User: The entity or person interacting via Pdial the service.
Customer: The party that registered and lease a PUSSD number to communicate with users.
PUSSD Number: A number leased by PUSSD to a customer for user communication.
4. DESCRIPTION OF SERVICE
4.1 The Pdial programme is designed to allow individuals who voluntarily register on the website and/or app ("Users"), and agree to, and abide by these Terms and conditions, to interact with cutomers. The users can participate at offered numbers connected to the Pdial service and managed by third party customers.
4.2 The third party customers lease PUSSD numbers to provide a channel of communication for their users. Once a user accepts the opportunity to participate, an agreement is concluded between the user and the customer directly.
4.3 You hereby represent, warrant and agree to supply only true, accurate, honest, current, and complete information when participating in services offered by Pdial.
5. ENTRY INTO THESE GENERAL TERMS AGREEMENT
5.1 Prior to utilising the app/website you must complete the user registration by filling in your details fully and truthfully, as required on the website or app.
5.2 Failure to complete the necessary steps as indicated above, shall render the user void ab initio. Pdial reserves the right to summarily terminate the user account and seek legal redress thereto.
5.3 Upon successful completion of registration, Pdial will provide you with a personal account accessible via the number that you have registered. By clicking the “Accept and Continue” button during registration on the application, web portal or PWA you indicate your acceptance of these general terms and conditions or in its amended form.
6. GENERAL CONDITIONS OF MEMBERSHIP
6.1 It is possible that the operator of the website and or app will change and that the Pdial services including your personal data will be transferred to a new operator. You hereby expressly agree to a possible future change of the operator. Pdial will notify you by email about any change of operator prior to a data transfer and you will be entitled to object to the transfer of your personal data.
6.2 You hereby explicitly agree to accept messages from Pdial.
6.3 Pdial reserve the right to send you messages from time to time. Such messages may include, but are not limited to system updates; administrative announcements; special requests, etc.
6.4 Pdial do not endorse or approve the content of other websites referred to or accessed by hypertext link through this website or application nor will Pdial incur any liability in connection with same.
6.5 As a condition of your membership you represent and warrant that:
6.5.1 according to law you are entitled to enter into an agreement with Pdial
6.5.2 you are the exclusive user of the telephone number provided to Pdial and that you are in effective and factual control of the provided telephone number;
6.5.3 all information supplied by yourself is true and correct;
6.5.4 you will continue to update the information provided to ensure the accuracy thereof;
6.5.5 you do not have an existing membership with Pdial;
6.5.6 you will not authorize other persons to use your account nor transfer or assign it to any other person;
6.5.7 you will keep your account details secure and will not allow other people to access your account. In the event that you suspect a security breach, you will immediately notify Pdial;
6.5.8 you will not copy or distribute Pdial content without the prior written permission from Pdial;
6.5.9 you will not use any automated means including scripts, spiders, robots, bots, crawlers or the like in connection with your participation on Pdial or with any other activity on the website and/or application; and
6.5.10 you have carefully read and understand these terms and conditions and incidental agreements thereto, and agree to be bound by same.
6.6 You fully understand that:
6.6.1 if your account is terminated for your breach of this agreement you will lose the right to participate in the program, including any current offers;
6.6.2 you are not entitled to establish or maintain more than one Pdial user profile at one time; and 6.6.3 that there is no right, or expectation that rewards will be offered to you for your participation.
7. YOUR RIGHT TO USE THE APP AND THE WEBSITE
7.1 Pdial hereby grants you, subject to the provisions of the agreement, a non-exclusive, non-sub licensable, nontransferable license to use the app and/or the website according to the terms referred to herein.
7.2 In course of using the app and/or the website you may not:
7.2.1 decompile, reverse engineer, or otherwise attempt to obtain the source code of the app and/or the website;
7.2.2 modify the app and/or website in any manner or form or to use modified versions of the app and/or website;
7.2.3 transmit files that contain viruses, corrupted files, or any other similar app or programs that may damage or adversely affect the operation of another person's device, Pdial Services, website, application, hardware or telecommunications equipment;
7.2.4 attempt to gain unauthorized access to the application, website or any other Services;
7.3 The License granted in paragraph 7.1, revokes automatically and simultaneously with terminaiton of the agreement by operation of law, termination by either of the parties or any reason whatsoever. After termination of the agreement you must immediately stop using the app and/or website, Pdial is entitled, but not obligated to block and suspend your account without a prior notice.
8. WAIVER OF SPAM LIABILITY
8.1 Pdial cannot and do not, monitor, censor or edit the contents of menus on the Pdial services. Customers alone are responsible for the contents of their menus and the consequences of any such contents of the menus. Pdial do not assume any responsibility or liability for menus or other content that is created by our customers.
8.2 You may not send, post, distribute or disseminate any defamatory, obscene, or otherwise unlawful messages, material or information, including another person’s proprietary information (including trademarks, trade secrets, or copyrighted information) without express authorisation from the holder of such rights.
9. TERMINATION
9.1 Should you breach any of the above-mentioned terms or obligations, material or otherwise, we reserve the right to terminate your membership. 9.2 In amplification to the above Pdial reserves the right to terminate your membership for inter alia the following cases:
9.2.1 Your account has been suspended, or is inactive for more than 6 (six) months; 9.2.2 You abuse the user account in any manner;
9.2.3 You spread viruses and/or malware;
9.2.4 You copy parts of the services or the whole service;
9.2.5 You share or reconstruct any source code for commercial, abusive or destructive purposes;
9.3 The above criteria of termination shall not limit Pdial's right to terminate your membership, which they hold as a result of any agreement between the parties, or as by operation of law.
9.4 Once your user account has been terminated by us you will be ineligible to re-enrol at any future date.
9.5 The above-mentioned clause shall not limit Pdial's right to suspend, or remove a user, and Pdial hereby reserves the right to suspend or terminate your access to this site and/or Log-in details at its sole discretion.
10. RELATIONSHIP BETWEEN CUSTOMER AND THE USER
10.1 The Customer hereby acknowledge that by providing menu services to the User, the Customer and the User are bound by a service contract, to which Pdial nor its affiliates are a party.
10.2 Pdial merely provide the intermediary for the offering of services to yourself to participate in.
10.3 Pdial and its Affiliates do not control or direct your provision of the menu services. You have the sole right to decide when and for how long to utilize the Pdial services and whether to accept and participate in the customer’s offered services. You acknowledge and agree that you have complete discretion to participant in the services.
11. WAIVER OF LIABILITY
11.1 To the maximum extent permitted under the applicable law, Pdial and/or any of its affiliates, representatives, founders, creators, directors and employees are not liable for any loss or damage that you may incur under or in connection with the Agreement or as a result of using the Pdial app and/or website, including but not limited to:
11.1.1 the use or the inability to use the Pdial service;
11.1.2 the use of, or reliance on any information published in the service;
11.1.3 any direct or indirect property damage or monetary loss;
11.1.4 loss of profit or anticipated savings;
11.1.5 loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
11.1.6 unauthorized access to or alteration of your transmissions or data;
11.1.7 statements or conduct of any third party on the service; or
11.1.8 any other damage or loss arising from the service.
11.2 Pdial do not represent, warrant or guarantee that access to the website and/or app will be uninterrupted or error free.
11.3 Pdial is not responsible for the proper functioning of the website and/or app and shall not be liable for any loss occasioned by this loss.
12. INTELLECTUAL PROPERTY
12.1 All pages and content within this website and/or app and related services, including but not limited to, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of, or are authorized for use by Pdial and its licensees, business partners and affiliates, including all trademarks, service marks, copyrights, patents and trade secrets contained therein. Your access does not imply a licence for you to modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit or distribute in any way content available on this website and or the app without the prior written consent of Pdial.
13. GENERAL
13.1 Please note that you are fully liable for breach of the agreement and/or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from Pdial or a relevant authority.
13.2 This agreement shall be governed by the laws of the Republic of South Africa, without reference to conflict of law principles and subject to the exclusive jurisdiction of the South African courts.
13.3 Should any part of this agreement be held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Agreement shall not be deemed a waiver of such term.
13.4 Should any clause in this agreement not be remedially by the provisions of the clause above, then it is to be noted that the terms of the contract are independent of each another, and if a term in the contract is deemed unenforceable by a court, the agreement as a whole will not be deemed unenforceable.
13.5 You may not assign the agreement or any of its rights or obligations thereunder, if not provided otherwise by the agreement.
13.6 Any notice required to be given under this agreement shall be sufficiently given if:
(i) delivered personally,
(ii) sent by courier with proof of delivery,
(iii) sent by registered mail,
(iv) sent by e-mail to the email address provided.
13.7 With regard to the clause
13.6 supra delivery shall be deemed to have been received:
(i) if delivered personally, at the time of delivery to the party;
(ii) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
(iii) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;
(iv) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party).
13.8 You hereby consent to the increase of the monetary jurisdiction of the Magistrates Court, and submit yourself to the jurisdiction of the Magistrates court for any dispute that may arise out of these Terms and Conditions.
13.9 You agree that communication in relation to surveys and other general queries related to the panel will be conducted through the e-mail address as provided by yourself.
13.10 If you have questions regarding these Terms and Conditions please contact us by e-mail using the contact form provided on this website.