Tariffic's Terms and Conditions

View Tariffic's Privacy Policy here

Please read the following carefully:

Welcome to the Tariffic website which is operated by Tariffic Pty Ltd. The Tariffic website offers an optimisation service for cellphone tariff plans (“the Service”). To understand exactly how our tariff optimisations work, please read our “Disclaimers”, a copy of which can be found

here

You may have been referred to this website from one of our affiliate partners. It is important to understand that this website and the Service are controlled and operated solely by Tariffic.

References in these Terms Of Use to the Tariffic Website mean either the main website operated by Tariffic, currently located at www.tariffic.com, or a sub-domain carrying the Service to which you have been referred from the website of one of our affiliate partners, whichever is relevant in the context.

It is also important that you read and understand the following terms and conditions of use of the Tariffic Website and the service as may be amended from time to time (“Terms Of Use”). Your use of the Tariffic Website and/or the Service indicates your agreement to be bound by the Terms of Use. By continuing to access and use the Tariffic Website and/or the Service, you are deemed to have accepted the Terms of Use. These Terms Of Use constitute a legally enforceable agreement (the “agreement”) between you and Tariffic. If you do not agree with the Terms Of Use do not access or use the Tariffic Website or the Service.

Tariffic reserves the right to immediately effect changes to the Terms of Use by posting amended Terms of Use on the Tariffic Website with or without further notice. You should therefore regularly review these Terms Of Use.

1. Privacy Policy

These Terms of Use should be read in conjunction with Tariffic’s Privacy Policy, a copy of which can be found here at a copy of which can be found

here

2. Definitions

In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:

"Purchase" means the purchase of Tariffic optimisation services.

"Register" means "create an account on the Website" (and "Registration" means the action of creating an account).

"Service" means all or any of the services provided by Tariffic (Pty) Ltd via the Website (or via other electronic or other communication from Tariffic (Pty) Ltd) including the information services, content and transaction capabilities on the Website (including the ability to make a Purchase).

"Website" means the www.tariffic.com website.

3. Introduction

You are reading a legal document which is the agreement between: you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. We are Tariffic (Pty) Ltd and we are the owner of this Website. We are a company registered in South Africa with our physical office at 1st Floor, East Wing, The Oval Building, Wanderers Office Park, 52 Corlett Drive, Illovo, Johannesburg, South Africa (and we refer to ourselves as "Tariffic", "we" or "us" or "our" in this document). Our company registration number is 2005/025900/07.

Tariffic analyses cellphone billings in order to recommend the most suitable cellphone contracts according to a person’s actual usage patterns. We call this service Tariff Optimisation.

Tariffic is not owned or controlled by any of the mobile network operators and istherefore able to offer you independent, unbiased advice.

4. General Issues About this Website and this Service

Applicability of Terms and Conditions: Use of the Service and the Website and any Purchase are each subject to the terms and conditions set out in this Agreement.

Age: To use the Website and/or the Service (whether with or without registration) andto make any Purchase, you must be 18 years of age or older and you must have the legal capacity to conclude binding contracts.  By using the Website and/or the Service you warrant that you are 18 years of age or older and that you have legal capacity to conclude this Agreement with us.

Place: The Website and the Service and any Purchase are directed solely at those who access the Website from South Africa. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of South Africa.

Scope: The Website, Service and any Purchase are for your non-commercial, personaluse only and must not be used for commercial purposes.

Prevention of use: We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase.

Equipment: The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Purchase. To use the Website or Service or to make a Purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.

5. Purchase of Tariffic Optimisations

Completing a Tariffic Optimisation Purchase: The contract between us is concluded when you have made payment to us, and we have displayed your optimisation report to you. By making a Purchase, you acknowledge that the Purchase is made subject to this Agreement.

Payment: Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the TARIFFIC bank account, the details of which will be provided on request. We are required to obtain authorisation from the bank and if we do not receive this authorisation, we will cancel your Purchase. If the bank grants authorisation, we will collect payment immediately and issue your Tariffic report; Credit card transactions will be acquired for TARIFFIC via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details will be stored by TARIFFIC separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

The provision of Tariff Optimisation services by TARIFFIC is subject to the receipt of cellphone billings in the appropriate formats. Please see here for more information on the types of billing we must receive in order to optimise a Tariff. Tariffic only requests payment after it has optimised billing successfully. Successful tariff optimisation is no guarantee of savings and in cases where we are unable to recommend a cheaper tariff to the client, and the client has chosen to pay the optimisation fee, they will have no recourse against Tariffic. Please click here for further disclaimers regarding the TARIFFIC recommendations.

Purchases are not transferable or refundable. Tariff Optimisation requests will be processed immediately and delivery confirmed electronically by displaying the results of the Tariff Optimisation for the user. TARIFFIC does not offer any refunds or cancellation of orders as orders are processed and displayed to customers.

Payment may also be made, from time to time according to specials offered by Tariffic, by you sharing Tariffic’s website on social media.

Communication: We may send alerts, notifications and other communications to you by way of email, SMS or other electronic delivery mechanisms and you consent to receive communications from us in any such manner. You can unsubscribe from any further correspondence should you wish.

6. Your Obligations

Accurate Information: You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.

You ensure that you upload the correct bills and in the correct format, for you, and note that the report will be based on these bills only. If you upload the wrong bills and proceed to pay, there are no refunds.

Things you cannot do without limitation, you undertake not to use or permit anyone else to use the Service or Website:

- to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

- for a purpose other than which we have designed them or intended them to be used;

- for any fraudulent purpose;

- other than in conformance with accepted Internet practices and practices of any connected networks;

- or to generate reports which will be resold in any way to other people or companies

7. Rules about use of the service and the website

We will use reasonable endeavours to correct any errors or omissions as soon as practical after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: info@tariffic.com

We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.

We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.

Although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time.

We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or forming part of the Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can.

We assume no responsibility for functionality which is dependent on your browser or other third party software to operate. For the avoidance of doubt, we may also withdraw any information from the Website or Service at any time.

To protect the integrity of our Service Channels and Proprietary Information, you may not:

- use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology for any unlawful purpose, including the unlawful access to, acquisition of, control over, copying or monitoring of the Service Channels;

- use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to unlawfully and without our knowledge navigate or search the Service Channels, other than the search engines and search agents available through the Service and generally available third-party web browsers;

- post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the Service Channels or the Service;

- and/or attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising the Service Channels or the Service.

8. Suspension and termination of your account

If you use (or anyone other than you, with your permission uses) the Website or Service in contravention of this Agreement, we may suspend your use of the Service and/or Website (in whole or in part).

If we suspend the Service or Website, we may refuse to restore the Service or Website or until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.

We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of this Agreement.

Without limitation to anything else in this Clause, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Service and/or Website; ii) suspend your use of the Service and/or Website; iii) suspend the use of the Service and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:

- you commit any breach of this Agreement;

- we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms;

- or we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

Notwithstanding anything else in this Clause, we may terminate this Agreement at any time.

Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

9. Indemnity

You shall indemnify us against each loss, liability or cost incurred by us arising out of:any claims or legal proceedings which are brought or threatened against us by any person arising from: a) your use of the Service or Website; b) the use of a Tariffic recommendation; c) the use of the Service or Website through your password; orany breach of this Agreement by you.

10. Standards and Limitation of Liability

Tariffic makes no warranty as to the accuracy of our reports whatsoever. Please refer to disclaimers for more information about the nature of Service and our reports.

You shall have no claim for damages against Tariffic for whatsoever reason and you specifically indemnify Tariffic against all loss or damage suffered by you resulting from the use of this website and/or the services. This includes, but is not limited to, any loss or damage suffered by you resultant from the failure of the services and/or the provision by Tariffic to you of any inaccurate information or reports.

Subject to this clause, in the event that Tariffic is, for any reason, held liable to you in respect of any damages, such damages are limited to a maximum amount equal to the amount paid by you to Tariffic in the respect of the services. This Clause prevails over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of: the performance, non-performance, purported performance or delay in performance of this Agreement or the Service or Website (or any part of it or them); orotherwise in relation to this Agreement or the entering into or performance of this Agreement.

Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death orpersonal injury caused by any Breach of Duty by us; (iii) any breach of the obligations implied by the provisions of the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002; or (iv) any other Liability which cannot be excluded or limited by applicable law (including, without limitation liability pursuant to this Clause).

Save as provided in this clause, neither Tariffic nor any of its directors, employees, agents or representatives shall be liable for any damage, loss or liability of whatsoever nature and howsoever arising from your use of the Website or the Services provided from and through this Website. In particular, we do not warrant and we exclude all Liability in respect of:

- the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise;

- and the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;

- and your use of any information or materials on the Website (which is entirely at your own risk and it is your responsibility);

- Accuracy of reports including, but not limited to: recommendations of tariff plans or bundles, analysis of your spend and potential savings you might make if you follow our advice;

Regardless of whether any loss suffered by you comprises:

- loss of revenue;

- loss of actual or anticipated profits;

- loss of contracts;

- loss of the use of money;

- loss of anticipated savings;

- loss of business;

- loss of opportunity;

- loss of goodwill;

- loss of reputation;

- loss of, damage to or corruption of data;

- or any indirect or consequential loss;

- and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise.

For the avoidance of doubt these clauses apply whether such losses are direct, indirect, consequential or otherwise.

The limitation of Liability under this clause has effect in relation both to any Liability

11. Data Protection

Please see our Privacy Policy, which forms part of this Agreement. We will not disclose your personal information unless you give us your permission to do so or unless we are required to do so for the purposes of any legal process.

Tariffic shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569

Please note that Tariffic stores and process certain data overseas in countries that have similar legislation as the Protection of Personal Information Act 4 of 2013.

Where clients come to TARIFFIC by way of our partners and receive discounted Tariff provide certain “personal information” to those partners.

Tariffic hereby warrants that it shall not, at any time copy, compile, collect, collate, process, mine, store, transfer, alter, delete interfere with or in any other manner use the Data for any purpose other than as may be specifically required to enable Tariffic to comply with its obligations under this Agreement or as part of Tariffic’s ordinary course of Tariffic’s business which shall be limited to analysing market trends and market statistics. In all such instances Tariffic agrees that all such Data will be cleansed of any personal, identifiable information as defined in the Protection of Personal Information Act 4 of 2013.

12. Intellectual Property Rights

All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website and Service, information content on the Website or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

None of the material listed above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.

All rights (including goodwill and, where relevant, trade marks) in the Tariffic (Proprietary) Limited name and/or “Tariffic” are owned by us (or our licensors). Other product and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners.

The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.

Any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.

All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us.

You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

13. General

No other terms: Except as expressly stated in this Agreement, all warranties,conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

Assignment: You may not assign or delegate or otherwise deal with all or any of yourrights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.

Force Majeure: We shall not be liable for any breach of our obligations under thisAgreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, explosion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

Entire Agreement This Agreement (and our Privacy Policy) contains all the termsagreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.

No Waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.

Notice: Unless otherwise stated within this Agreement, notices to be given to eitherparty shall be in writing. Any notices to be given to you shall be delivered by hand, electronic mail or by pre-paid registered post, to you at the address you supplied to us. Any notices to be given to us shall be delivered by hand or sent by pre-paid registered post to us at our physical office which is 1st Floor, East Wing, The Oval Building, Wanderers Office Park, 52 Corlett Drive, Illovo, Johannesburg, South Africa

Third Party Rights All provisions of this Agreement apply equally to and are for thebenefit of Tariffic (Proprietary) Limited, its subsidiaries, any holding companies of Tariffic (Proprietary) Limited, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable by any person who is not a party to it.

Severability If any provision of this Agreement is held to be unlawful, invalid orunenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

governing Law This Agreement (and all non-contractual relationships between youand us) shall be governed by and construed in accordance with South African law and both parties hereby submit to the exclusive jurisdiction of the courts of South Africa.This website is governed by the laws of South Africa and TARIFFIC chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature at 1st Floor, East Wing, The Oval Building, Wanderers Office Park, 52 Corlett Drive, Illovo, Johannesburg, South Africa.

Tariffic contact details

info@tariffic.com

0861000820

These Terms and Conditions of Use were last updated on 5 April 2016