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1 Legal Notice

The User’s (Your) usage of the online information services contained on the Website, and the MSG OUT services “Services,” the provision of which is facilitated by the Website, constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising obligations towards MSG OUT. This Website Legal Notice is binding and enforceable on You in terms of sections 11(1) to 11(3) of the Electronic Communications and Transactions (“ECT”) Act 25 of 2002. The Website Terms and Conditions of Usage agreement contained in this section was last revised on 10 April 2014. You are advised to regularly check these terms and conditions for any amendments or updates.

1.1 Limited Liability of MSG OUT

The User understands, acknowledges and agrees that usage of the Website and Services is at the sole discretion and risk of the User. MSG OUT reserves the right at any time to change or discontinue any aspect or feature of the Website or Services, including, but not limited to, content, hours of availability, products, Services offered and equipment needed for access or use the Website. Notwithstanding the effort placed on maintaining the availability and accessibility of the Website and Services, MSG OUT takes no responsibility for, and will not be liable for the Website or Services being temporarily unavailable or inaccessible for whatsoever reason.

1.2 No Warranty

The information contained on the Website and the Services provided via the Website is provided by MSG OUT and/or its partners, members, suppliers or agents without warranty of any kind, express or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies.

1.3 Indemnification of MSG OUT

You agree to defend, indemnify and hold MSG OUT, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or the Services; and any reasonable legal and accounting fees, resulting from, or alleged to result from Your use of this Website or the Services.

1.4 Account at MSG OUT

MSG OUT Website allows you to create an Account to use the MSG OUT Services. You accept and agree that MSG OUT may cease provision of the Services, and/or terminate Your Account, delete Your User content, cancel orders and/or prohibit Your further use of the Website and/or Services at its sole discretion, with or without notice.

1.5 Usernames & Passwords

To activate an Account with MSG OUT, Users will be required to provide a username and password. This username and password will serve as Your identification with regard to the Services provided by MSG OUT. Should your username and/or password’s confidentiality have been compromised, You are to notify MSG OUT immediately so that a new username and password may be issued to You. MSG OUT accepts no liability for any transactions performed by third parties who come into the possession of Your username and password.

1.6 Unauthorised use of the Website and Services

The User is permitted to use the Website and Services for lawful purposes only. Unauthorised use of the Services and Website includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of MSG OUT or third parties, for the purposes of distribution of defamatory, unsolicited, or otherwise objectionable, or offensive in the discretion of MSG OUT. Unauthorised use of this Website may result in termination of your Account, and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages. The Services provided by MSG OUT are not available to minors and minors may under no circumstances create Accounts. By using the Services provided by MSG OUT, You confirm that you are capable of entering into a binding agreement, and You warrant that the information submitted by You in creating Your Account is true and accurate.

1.7 Website Links

From time to time this Website may include links to other websites. These links are provided for Your convenience for the purposes of providing further information. Such links do not signify that MSG OUT endorses the website(s) linked to. You agree that MSG OUT shall have no responsibility or bear no liability in relation to the content of the linked website(s).You may not create a link to this Website from another website or document without MSG OUT’s prior consent in Writing, in which case the terms of Your linking to the Website shall be governed by the terms of a “Linking Agreement” with MSG OUT.

1.8 Applicable Law and Jurisdiction

This Agreement, the Services and the electronic communications and transactions conducted via the Website shall be governed by and be interpreted in accordance with the law of South Africa and the User consents to the jurisdiction of the Pretoria High Court in the event of any dispute. Any dispute regarding this Agreement or the Services that cannot be resolved between the Parties, shall however, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English. Access to the Website and use of the Services in territories or countries where this Website or the Services contained on it is illegal is strictly prohibited. The User may not use this Website in violation of South African export laws and regulations. Further and in addition to the compliance with the laws of South Africa, the User shall procure that any communications sent by the User through the Services of MSG OUT shall in all instances (i) comply with the local laws of the recipient of such communications and (ii) not constitute a violation of such recipient’s rights. Users operating in the European Union shall comply with all relevant laws, directives and Codes of Conduct in force including without limitation, the EU Directive 2002/58/EC, Directive 2000/31/EC, Directive 95/46/EC, Directive 93/13/EC and all national member state laws promulgated in terms thereof as well as the Mobile Marketing Association Code of Conduct available at http://www.mmaglobal.com. Users of the Services shall further comply with any relevant code of conduct for the wireless industry to which MSG OUT is subject, including the Wireless Applications Service Provider (WASPA) Code of Conduct located at http://www.waspa.org.za/code/codeconduct.shtml.

1.9 Severability

If any provision of this Website Legal Notice is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website Legal Notice, which shall remain in full force and effect.

1.10 Website Intellectual Property

This Website constitutes software, services and content (such as text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of MSG OUT and/or various third parties and subject to the intellectual property laws of South Africa. Further, and to the extent that Nobelis Portal does not own specific content or such content falls within the public domain, MSG OUT may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No license to MSG OUT’s intellectual property or the intellectual property of third parties has been granted to You unless otherwise indicated. The software, Services and content may not be used in violation of the intellectual property rights of MSG OUT and/or such third parties as applicable. Without limitation on the prohibitions placed on the User, the User expressly agrees not to:

2 Privacy Policy

2.1 Privacy and Personal Information

MSG OUT endeavours to comply with all laws and regulations including the 1996 South African Constitution and other legislation providing for privacy. As such, Nobelis Portal seeks to ensure the quality and accuracy of personal information in its possession and under its control, and also, to ensure that all existing and new personal information is collected and processed in compliance with South African law.

2.2 Personal Information Collected, Principle of Minimalism & Purpose of Collection

Please be assured that the privacy of MSG OUT customers and Users of our Website is of the utmost importance to MSG OUT. The MSG OUT Website collects, processes and stores personal information of its customers and Users of the Website subject to the following principles:

2.3 Handling of Personal Information

Users acknowledge that records relating to the provision of services and personal Information may be required to be retained in terms of law, operational purposes and for evidential reasons by MSG OUT and Users expressly agree to such retention and necessary access to such records by authorised MSG OUT persons. Users acknowledge further that it is customary and in the normal course of business, for certain communications to be intercepted and monitored while travelling over telecommunication networks (for system health and forensic reasons). Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the Customer consents to MSG OUT’s interception, and monitoring of all communications sent by the Customer to MSG OUT. The Customer agrees and acknowledges such consent meets the “writing” requirement as detailed in the ECT Act and the RIC Act.

Further, and to the extent necessary, MSG OUT may utilise Your contact information to provide You with information requested by You in relation to events or new services offered by MSG OUT. Your contact information and the contact information of third parties submitted by You may be used for communications such as marketing and distribution of newsletters with You and/or such third parties This contact information includes without limitation, names, email addresses and/or the name of the respective person’s company. In providing information relating to third parties You, the User warrant that You have the right to provide such information. You agree that your submission of your information indicates Your willingness for Your information to be used as discussed above.

2.4 Disclosure of personal information

MSG OUT may disclose personal information:

MSG OUT shall not be obliged to ascertain or provide the identity of the sender of any messages or content.

3 Terms And Conditions of Bulk SMS Services

3.1 Agreements of Sale by Electronic Transaction

The provision of the Service (bulk sms gateway) through the Website constitutes a legally valid transaction between You and MSG OUT subject to the terms and conditions specified herein.

3.2 Cancellations of Transactions

MSG OUT reserves the right, to refuse to accept, process or honour payment on any order and to cancel any transaction at their discretion including an order for which payment has been received. The reasons may include, without limitation, causes beyond the control of MSG OUT, where the “stock” held by MSG OUT is insufficient, or not of an adequate quality in the discretion of MSG OUT. Should MSG OUT cancel the order, as abovementioned, the User shall be entitled to receive a full refund of any monies actually received by MSG OUT. Any order cancellations by You will be subject to a deduction of 10% of the total purchase price as an administration fee.

3.3 Quality and Functionality of Services

Any complaints regarding the quality and/or functionality of the Services should be directed to info@nobelis.co.za.

3.4 Anti-Spam

MSG OUT subscribes to an “Anti-Spam” policy in respect of the Services provided. In accordance, the Services shall not be used for the sending of unsolicited messages, notifications, alerts, messages or communications.

MSG OUT automatically monitors all incoming messages for the “stop” keyword. If MSG OUT detects such a keyword in the contents of communications MSG OUT shall delete the relevant number from the Customer’s contacts and place the relevant number in a “unsubscribed” inbox. Should the Customer re-import the number; such number will be filtered out from the import process. In this regard, all Customers of the Service warrant possession of the necessary authority, consent or permissions to enter into communications with the Customer’s contacts when using the Service and indemnify MSG OUT from any claims against MSG OUT by any of the Customer’s contacts in respect of unsolicited messages, notifications, alerts, messages or communications.

3.5 Limitation of Liability

Neither MSG OUT, nor any service provider appointed by MSG OUT shall be held responsible for any injury, loss or damage of any kind whatsoever suffered or incurred as a result of use of the Services including, without limitation, any injury, loss or damage suffered as a result of:

3.6 Unauthorised Use of Services

Unauthorised use of the Services include reproduction, duplication, copying, adaptation, sale, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services and without limitation, use of the Services:

3.7 E-Commerce & Credit Card Payments

The Customer authorises MSG OUT charge the credit card submitted by the Customer as the manner/ mode of payment for the Services described herein. The Customer warrants that the Customer is an authorised user of such credit card. MSG OUT takes reasonable precautions to secure the processing of the Customer’s credit card but shall no t be liable for any security breaches attributable to the Customer including without limitation, the failure of the Customer to ensure that the Customer’s electronic devices used to access the Services are secure.

3.8 Sending charges

Msgout does all necessary checks to see if the contact number you place for your contact/s is in the right format and is a valid cellphone number but if the contact number is sent through the network the sms will be charged to your account, so please be sure that the cellphone number you are using to send does exist on the network and it is used by your contact(client) as it shall be charged.

4. Calendar