PEPTXT TERMS & CONDITIONS1. Agreement
These terms and conditions as amended from time to time govern our respective rights and obligations to you with regard to your access to PEPtxt. By accessing PEPtxt, downloading the application or using PEPtxt, you indicate your acceptance of the terms and conditions. We reserve the right to unilaterally change the terms and conditions (including without limitation, by the addition of new terms and conditions and/or guidelines) without notice to you. When these changes are made, we will make a copy of the amended terms and conditions available at the following website www.peptxt.mobi. Please check these terms and conditions regularly for any changes as your continued use of PEPtxt will indicate your acceptance of any changes.
2. Eligibility
2.1 PEPtxt is available to individuals who are on the PEP cellular base. Individuals who are not on the PEP cellular base, will be able to use PEPtxt for a limited period which are subject to change from time to time. If you do not become part of the PEP cellular base during this period, your access/use will be terminated.
2.2 PEPtxt users who are 17 years and younger must get the consent of their parents/guardians to use PEPtxt.
2.3 It shall be your responsibility to ensure that you are enabled to access PEPtxt, whether with regard to applicable software, hardware (compatible cellular telephone) or otherwise. It is your obligation to make sure that you have access to bandwidth and to pay your internet service provider or telephone company for the bandwidth.
2.4 If you have not logged into your username for a period of one year, PEP may terminate your user account.
3. Username and Password
3.1 Only you may use PEPtxt under your username and password;
3.2 You shall be responsible for the security of your password, cellular telephone and for any and all activities which may occur under your username and password. You hereby indemnify us from any loss or damage resulting from any activity under your username and password.
3.3 You agree not to use or attempt to use another user`s username and password to access PEPtxt or to create a false identity.
3.4 You are obliged to inform us immediately of any unauthorised use of your username and password, or any other breach of security by contacting the customer care department on 0860 123 269.
4. Licence & Intellectual Property
4.1 PEP grants to you a non-exclusive, non-transferable, revocable, personal licence to download and install the PEPtxt application for the purpose of using PEPtxt on your cellular telephone in South Africa.
4.2 Unless explicitly stated in these terms and conditions, nothing in these terms and conditions shall be construed as conferring to you any licence or other right to intellectual property rights. You may not use, copy or imitate, in whole or in part, our copyright, trademarks, domain names or other intellectual property.
4.3 The use of PEPtxt is free of charge. However, PEP reserves the right to charge a fee from a future date upon notice to all users.
5. User Conduct
5.1 PEPtxt may be used for personal, non-commercial and lawful use only.
5.2 You will be able to send text messages to individuals who are set up as your contacts in PEPtxt.
5.3 Should your access and/or usage of PEPtxt at any time be deemed to be excessive as determined by us in our sole discretion, we reserve the right to terminate your access and/or prohibit your future access immediately or at any time with or without notice to you.
5.4 You are not allowed to use PEPtxt to engage in any behaviour deemed within our sole discretion to be inappropriate, undesirable or illegal.
5.5 Content must comply with any guidelines provided by PEP from time to time. However you accept that PEP does not have any control over content which you will receive from your contacts.
5.6 You are not allowed to make publicly available personal information of a third party.
5.7 You represent, warrant and agree that nothing posted, transmitted or shared by you on PEPtxt will violate or infringe upon the rights of a third party.
5.8 You are not allowed to send unsolicited communication to any PEPtxt user.
5.9 You may not use PEPtxt in such a manner as to threaten, harass, embarrass or invade the privacy of any person.
5.10 You may not impersonate any other person on PEPtxt and you may not use another individual’s username and password.
5.11 PEPtxt may be unavailable from time to time (inter alia due to the interruption of services/coverage by the cellular networks, for maintenance or to change the features and technical aspects of the PEPtxt application) and we do not provide a warranty as to the availability thereof. We also do not warrant the quality, performance, fitness for purpose, non-infringement or that a message will reach you or your contacts.
5.12 PEP shall not have any obligation to provide you with a record of your communication on PEPtxt and it is your responsibility to guard against losses of any kind.
6. Monitoring
You hereby give us your consent to monitor your activity as regarding your usage of PEPtxt. We might monitor primarily to ensure that persons are not acting illegally, unlawfully or in breach of these terms and conditions, as well as to
6.1 Maintain the integrity and security of our information technology systems; and
6.2 To detect and investigate unauthorised access/use of our systems.
7. Privacy
7.1 You agree that PEP may collect personal information about you and may use this information to render services to you, activate the PEPtxt application, to improve the services and compile statistics.
7.2 PEPtxt does not provide secure communication over the internet and PEP will not be responsible for unauthorised access to your communications.
7.3 PEP will take reasonable care to protect your privacy, but cannot guarantee your privacy. You agree not to post personal information on PEPtxt so that it is publicly accessible to other users. PEP is not responsible for any harm you may suffer if you fail to comply with this undertaking.
7.4 You agree to receive marketing communications, advertisements and other communications from PEP. You further agree to the processing of your personal information for this purpose. Direct marketing will be ceased once you withdraw your consent by sending STOP to the following shortcode: 42865. Opt out SMS’s will be charged at 50c / SMS. PEP reserves its right to terminate your use of PEPtxt if you withdraw your consent.
8. Limitation of Liability & Indemnity
8.1 You agree that PEP shall not be liable for any direct, indirect, special, incidental or consequential damages or loss of any kind resulting from your usage of PEPtxt, the PEPtxt application, content acquired from PEPtxt or any third party and/or as a result of your inability to access/use PEPtxt and/or as a result of any termination of your usage by us.
8.2 You furthermore indemnify us against any damages, liability, claims or demand by third parties or loss as may be suffered by us arising from your access to and/or usage of PEPtxt and/or your breach of these terms and conditions.
8.3 You cannot rely on the PEPtxt services to dispatch emergency communications.
9. Termination
9.1 PEP reserves the right to terminate PEPtxt at any time. PEP further reserves the right to terminate/suspend an individual`s access and/or usage of PEPtxt at any time without notice and will not be obliged to give any reason for such termination/suspension.
9.2 Upon termination, the individual`s licence referred to in clause 4 terminates at the same time and you will immediately stop using the PEPtxt application, remove it from your cellular telephone and destroy copies thereof.
10. General
10.1 If you are in breach of these terms and conditions, PEP may, without prejudice to any other rights it may have under common law, terminate and/or suspend your access and/or use of PEPtxt immediately without prior notice to you.
10.2 All legal notices to PEP must be sent to Radnor Street, Parow East, PO Box 6373, Parow East, 7501, marked for the attention of the legal department.
10.3 You agree that our publishing a notice on our website (www.pepstores.com) or sending you a notice via PEPtxt, shall constitute sufficient notice to you.
10.4 These terms and conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
10.5 These terms and conditions constitutes the whole of the agreement between us and no undertaking, representation, term or condition relating to the subject matter of this agreement not incorporated in these terms shall be binding on any of the parties.
10.6 No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless effected by us.
10.7 Failure or delay on the part of PEP in exercising any right, power or privilege hereunder will not constitute or be deemed to be a waiver thereof or any other right hereunder, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by PEP shall not be effective unless it is expressly stated in writing. A waiver in respect one breach will not be considered a waiver in respect of any other or subsequent breach.
10.8 Any provision in these terms and conditions which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and severed from these terms and conditions, without invalidating the remaining provisions of these terms and conditions.
11. Customer Care
If you have any queries or complaints, please contact the customer care department by calling 0860 123 269.