TERMS AND CONDITIONS OF USE
THESE TERMS AND CONDITIONS WILL BE APPLICABLE TO YOUR USE OF AND ACCESS TO THE WEBSITE (AS DEFINED IN SECTION 1 BELOW). THESE TERMS CONTAIN EXCLUSIONS AND LIMITATIONS OF THE LIABILITY OF THE REPAYMENT ADMINISTRATORS AND IMPOSE LEGAL OBLIGATIONS ON YOU. BY ACCESSING AND/OR USING THE WEBSITE YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE, PLEASE REFRAIN FROM ACCESSING AND/OR USING THE WEBSITE OR ANY SERVICES AND/OR MATERIALS MADE AVAILABLE ON IT. PLEASE READ THESE TERMS CAREFULLY, ESPECIALLY THE PROVISIONS OF PARAGRAPH 11 IT IS SUGGESTED THAT YOU PRINT A COPY OF THESE TERMS AND KEEP IT FOR YOUR RECORDS.
1.1 When accessing the website located at www.rawa.co.za (the "Website"), you enter into a legally binding contract with the Repayment Administrators upon the terms of these terms and conditions ("Terms").
1.2 The Repayment Administrators were appointed in terms of the Banks Act, 94 of 1990 ("Banks Act") in order to manage and control the repayment of monies in respect of the scheme operated by Mr Christopher Mark Walker and/or Net Income Solutions CC, operating as "Net Income Solutions", "DEFENCEX", "EFT4me", "Cycle4Dollars", "Online Mega Profits Academy", "First Wealth is Health", "Common Sense Online Invest", "Mlamuli Online Mega Profits", Online Wallet Management" and/or "Empowered Networkers" (the "Scheme"). The Repayment Administrators (Mr Trevor White, Mr Malcolm Campbell and Mr Moazam Fakey of PricewaterhouseCoopers) are hereinafter referred to as "we", "us" or " our". "You" and "we" are jointly referred to as "the Parties".
1.3 These Terms apply to all visitors to the Website, including, but not limited to, the investors in the Scheme registering a claim by creating a profile and verifying personal and payment information by submitting relevant information, data and/or documentation ("Content") (hereinafter referred to as "users" or "you" or "your"). Your ability to submit Content shall be referred to as " the Services".
1.4 These Terms constitute the complete and exclusive understanding and agreement between you and us insofar as the Services are, and your use of the Website is, concerned and govern your use of the Services and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between us, whether written or oral.
1.5 These Terms and the relationship between us shall be governed by the laws of the Republic of South Africa. You and we agree to submit to the non-exclusive jurisdiction of the courts located in Cape Town. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1 As stated in BOLD at the top of these Terms and in paragraph 1 above, by accessing the Website and/or by using the Services (as amended and updated from time to time), you agree to be bound by these Terms. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become dissatisfied with us, the Website or the Services, you should refrain from accessing or using or visiting the Website and/or the Services for any reason whatsoever and contact us using the contact details provided in paragraph 16 below.
2.2 These Terms may be updated by us at any time at our sole discretion. We may send you notice of changes to the Website or the Terms.
3. USERNAME AND PASSWORD
You will be provided the opportunity to create a unique username and password which will enable you to access, and/or use the Website. You undertake to keep it secure and warrant that no other person shall use the Website utilising your password and username, and you acknowledge further that you are responsible for ensuring that there is no unauthorised access to and/or use of the Website using your password or username, and that you will be liable for all such activities conducted pursuant to such access and/or use, whether authorised or not.
4. CONSUMER PROTECTION ACT NO 68 OF 2008
4.1 If these Terms (or any contract governed by these Terms) or the Services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the "Consumer Protection Act"), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
4.2 No provision of these Terms (or any contract governed by these Terms):
4.2.1 purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
4.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
4.2.3 limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
5. ACCESSING (BROWSING) THE WEBSITE
5.1 The Website and Content available through the Website may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to us or our Services. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies.
5.2 We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing Content if properly notified that such Content infringes on another's intellectual property rights.
5.3 No person, business or website may link to any page on this Website without our prior written permission. Hyperlinks provided on this site to Third Party Websites, if any, are provided as is and we do not accept any liability and cannot be held liable for any content that might be factually or otherwise incorrect. We furthermore do not necessarily agree with, edit or sponsor the content on such websites. No person, business or website may frame this Website or any of the pages on this Website in any way whatsoever.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge and agree that the materials on the Website, other than the Content you submit, including without limitation, the text, software, scripts, graphics, photos, interactive features and the like and the trademarks and logos, are owned by or licensed to us, and are subject to copyright and other intellectual property rights.
6.2 We reserve all rights (including all intellectual property rights not expressly granted herein) to the Website. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
6.3 Any reproduction, modification, redistribution, sale, publication, broadcast, dissemination or other circulation or exploitation of the Website or the Content is expressly prohibited. Copying or reproducing the Website, the Content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
6.4 You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
7. CLAIMS REGISTRATION PROCESS
7.1 To create a user profile for the purpose of registering a claim on this Website (as referred to in paragraph 3 above, you will be required to provide certain personal information ("Claims Registration Process").
7.2 The Repayment Administrators will take such steps, which in our sole discretion, we deem necessary, to evaluate your information and to verify whether you have provided us with complete and accurate information about yourself and your claim ("Claims Registration Request").
7.3 The Claims Registration Process will not be completed before you have been given the opportunity to review the claims registration request and correct any mistakes, or to withdraw from the claims registration process completely.
7.4 By clicking on the "submit" button you submit your registration information and you will not thereafter be able to cancel the Claims Registration Request unless we expressly agree thereto.
8. PROCESSING OF YOUR PERSONAL INFORMATION
8.1 We collect personal information from you. We will handle the collection, processing and storage of your personal information in accordance with the provisions of this paragraph 8.
8.2 By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in this paragraph 8.
8.3 We are committed to protecting and respecting your privacy and we agree to comply with any data protection legislation in force in the Republic of South Africa from time to time.
8.4 This paragraph 8 sets out the basis on which any personal information we collect from you, or that you provide to us, will be used, stored and processed by us. Please read this paragraph 8 carefully to understand our views and practices regarding your personal information and how we will treat it.
8.5 We will take reasonable steps to prevent unauthorised access to, or disclosure of your personal information. However, we cannot guarantee that your personal information is completely secure.
8.6 By continuing to use this Website you agree to the terms and conditions set out in this paragraph 8. You agree that we may collect, collate, process and/or store your personal information ("Collect") for, amongst other things, (i) the purpose of registering your claim; and (ii) for any of the purposes listed in paragraph 8.11 below.
8.7 The types of personal information that we may Collect includes information within the scope of the categories of personal information identified in relevant data protection laws in the Republic of South Africa. This may include (amongst other things) your name and identity number, e-mail and physical addresses, postal address, contact information, ethnic or social origin, age, and the pages of the Website that you have accessed, visited or viewed.
8.8 We will attempt to limit the types of personal information we Collect to only such personal information to which you consent and which is necessary for our legitimate business interests.
8.9 Personal information may be Collected by us in several ways, including, when:
8.9.1 you create a user profile and register a claim;
8.9.2 log a query relating to a potential claim;
8.9.3 you upload Content; and
8.9.4 you browse the Website.
8.10 You acknowledge that all personal information Collected by us may be stored by us and used for any of the purposes listed in paragraph 8.11 below.
8.11 We may use your personal information:
8.11.1 to create a user profile in order to verify and register your claim;
8.11.2 to retain and make available to you information on the Website; and
8.11.3 for security, administrative and legal purposes.
8.12 We will attempt not to disclose any of your personal information to third parties, unless you have consented to such disclosure.
9. CONSIDERATION OF CONTENT
9.1 You agree and acknowledge that the Content that you provide on the Website is reliable, materially and factually correct and complete in all respects. Should this not be the case, we may delete your profile; prevent you from re-submitting your information or carry out any other steps that it may deem fit in the particular circumstances.
9.2 Only such applications that comply with the necessary requirements which have been successfully and correctly completed will be considered for potential repayment, subject to our lawful process.
9.3 You are personally responsible for completing the Claim Registration Process prior to the closing date specified, failing which the application will not be considered.
9.4 Failure to respond to our requests for updates to Content may result in the permanent removal of your profile or rejection of a claim.
9.5 We reserve the right to fulfil all our legal obligations in terms of the Banks Act.
10. COOKIES AND IP ADDRESSES
10.3 An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet. We log IP addresses, or the location of computers on the Internet.
10.4 We collect IP addresses for the purposes of system administration and to audit the use of the Website. We do not ordinarily link IP addresses to personal information, which means that your session may remain anonymous. However, we cannot guarantee that this will always be the case, as it may be necessary to identify a particular user when it is necessary to enforce compliance with the Terms or to protect our Website, its users or other interests.
11. LIMITATIONS OF LIABILITY
11.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act No 25 of 2002, as may be amended from time to time, neither us nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from (i) your access to or use of the Website; (ii) any errors, mistakes or inaccuracies of Content; (iii) property damage of any nature whatsoever resulting from your access to or use of the Website; (iv) any unauthorised access to or use of Website and/or all stored personal information and financial information; (v) interruption or cessation of transmission to or from the Website; and (vi) any bugs, viruses, Trojan horses or the like.
11.2 Furthermore, we makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.
11.3 The Website is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your responsibility to satisfy yourself prior to entering into this agreement with us that the Service available from and through the Website will meet your individual requirements and be compatible with your hardware and/or software.
11.4 The accuracy and quality of information on the Website cannot be guaranteed and your reliance on such information is at your own risk.
11.5 You specifically acknowledge that we shall not be liable for content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
12. ELECTRONIC COMMUNICATIONS
When you visit the Website and submit information, data and/or documentation, you consent to receiving communications from us electronically and agrees that all notices, disclosures and other communications that we send satisfies any legal requirements, including, but not limited to, the requirement that such communications should be "in writing". By using the Website, you consent to the collection and use of information by us as specified.
You are not permitted to transfer or assign these Terms, and any rights and licenses granted hereunder. It may, however, be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or be impaired.
15. SUCCESSORS AND ASSIGNS
These Terms shall apply to the benefit of and be binding upon each party's successors and assigns.
16. HOW TO CONTACT US
If you have any questions about these Terms and/or the Services, please contact the Repayment Administrators on (012) 429 0033.