M-Pulse Terms & Conditions

These are the terms and conditions of use and supply (hereinafter referred to as “the/these Terms”) for www.m-pulse.app and the M-Pulse Client application. For the purposes of these Terms, both the website and application shall be referred to as “the App". The App is operated by MPULSE App Pty Ltd trading as M-Pulse (hereinafter we, us and our). We are a company with limited liability incorporated in accordance with the laws of the Republic of South Africa with registration number K2017510005 and with our registered address at Block D, Newlands Office Park, 261 Lois Avenue, Newlands, Pretoria, 0181.

We may amend these terms and conditions at any time and any revised version will be effective immediately and available on the App.

Carefully read this agreement in full before using the App. By interacting with the App, you agree to be bound by the terms of this agreement.

The following sets out the terms and conditions for use of the M-Pulse website, application and our services.

1. Introduction and Agreement

1.1. The M-Pulse App provides an online marketplace where Merchants can offer certain products and/or services (“the Deals”) to Customers and facilitates the purchase of such Deals.

1.2. Your use of the App and your Purchase of any of the Deals offered via our App is subject to these Terms and by placing an order for any Deals you agree to be bound by them. You should print a copy of these Terms for future reference. Use of your personal information submitted via this App is governed by our privacy policy.

1.3. We reserve the right to change these Terms from time to time by changing them on the App, although no such change will affect any Purchase you have already made with us. Your continued use of the App and any new Purchases will be bound by the new Terms. These Terms were last updated on April 5, 2018.

1.4. As a consumer, nothing in these Terms will prevent you or stop you from being able to enforce or receive the full benefit of your legal rights provided under general South African law (your "non-excludable statutory rights").

1.5. In these Terms we use various capitalised terms (they are "defined"). This means they have special meanings, found in the next-to-last section of these Terms.

2. The basics

2.1. To use the App and make any Purchases, you must be at least 18 years old. By continuing to use the App and agreeing to these Terms you are representing to us that you are 18 years old or more, and we can rely on this representation.

2.2. The consumer enters into an agreement with the Merchant and not with M-Pulse. M-Pulse is merely a facilitator.

2.3. The App and the Deals offered on the App are only directed at people who access the App and make Purchases in South Africa. We do not represent that any Deals are suitable outside South Africa and you should be careful to satisfy yourself of a Deal's suitability to your circumstances. If you choose to use the App or make a Purchase outside of South Africa you do so at your own initiative and risk.

2.4. We grant you a limited licence to use the App to access and use our services for your own personal and non-commercial use, provided that you comply fully with these Terms (e.g. you cannot re-sell the Deals).

2.5. We reserve the right to prevent you from using the App or making Purchases, however we will honour Purchases already made, unless you have not complied with these Terms or we are unable to because of circumstances outside our control.

2.6. Descriptions of the Deals advertised on the App are provided by Merchants or other referenced third parties via the M-Pulse Merchant App. Although we comply with legal requirements to obtain full information from Merchants we do not investigate or vet Merchants. We are not responsible for any claims associated with the description of Deals. For failure to perform, your claim will lie against the Merchant.

2.7. A Merchant may advertise goods, services or experiences on the App that could require the Merchant to have an up-to-date regulatory authorization, license, or certification. We will not be held liable for any damages suffered by any consumer due to any misrepresentation made by the Merchant to us and the consumer. The Merchant is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products as M-Pulse only acts as a facilitator.

2.8. We are not a health or wellness provider and do not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that are advertised on the App. The App is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the App.

2.9. We may, in our sole discretion, verify a user’s identity prior to processing a purchase. We may also refuse to process a purchase, may cancel a purchase, or may limit quantities as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these terms and conditions. Refunds for cancelled orders may be issued where appropriate.

2.10. We do not guarantee that Merchants offer the best available rates or prices and we do not guarantee against pricing errors. We reserve the right, in our sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the App. If this occurs, we will attempt to notify you by email. In addition, we reserve the right, in our sole discretion, to correct any error in the stated retail price of a Deal.

3. Access to the App

3.1. To be able to access the App and the Services, you must have the necessary software and hardware and access to third-party communication services. You will be responsible for paying the cost of any upgrades that are required to run the App. To use the App, you will need to have the required smartphone which has the required software. You will also need to download the free App from the relevant Appstore. You will be responsible for paying the relevant network or wireless and data service charges that you incur when using the App or the Services via the Device.

3.2. We cannot guarantee the continuous, uninterrupted or error-free operability of the App. There may be times when certain features, parts or content of the App, or the entire App, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the App, or any features, parts or content of the App.

3.3. We may change the format and content of the App from time to time. We reserve the right to modify, change, substitute or withdraw any Deals or other information on our App. You agree that your use of the App is on an 'as is' and 'as available' basis and at your sole risk.

3.4. From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.

4. Registering a M-Pulse account

4.1. Why register? To put simply, if you don't register an account, you won't be able to make any Purchases. This is because you need an account in order to view your Purchased Deals, redeem them (if required), view your past Purchases, store your financial details and modify your preferences to name a few. We reserve the right to decline a new registration or cancel your account at any time (including if you don't provide us with a valid e-mail address that is personal to you, or if you don't provide us with a correct name and surname).

4.2. To register an account, you will need to fill out a form on the mobile app or online. You warrant that the information you input is true, complete and accurate. You will promptly inform us of any changes to such information (you can do this by updating your account details at any time). The personal information you provide is governed by our privacy policy.

4.3. In order to register and access your account, you will need to choose a password. It is important you keep this password confidential because you are entirely responsible if you do not maintain the confidentiality of your password to a reasonably expected standard and Purchases are made via your account. Let us know as soon as you become aware that there has been a breach of security and we will suspend your account. You agree that any person who you directly or implicitly permit to use your password (implicitly, for example, because you do not log out of your account and another person uses your device to make Purchases or you write your password on a noticeboard in your home and a family member then uses it to gain access to your account) is authorised to act as your agent to use the App and make Purchases via your account. You will not be responsible to pay for Purchases made after you have notified us of a password change or that security has been compromised.

4.4. One individual user is allowed to register only one account on the App. You warrant that you will not create fraudulent accounts.

5. What you are allowed to do

You may only use the App for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the App on a computer or mobile device screen, print and copy individual pages and Deals and, subject to the next section, store such pages and/or Deals in electronic format. Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed before you access the relevant features, parts or content.

6. What you are not allowed to do

6.1. Except to the extent expressly set out in these Terms, you are not allowed to:

· store pages of the App on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all or most of the pages of the App;

· remove or change any content of the App or attempt to circumvent security or interfere with the proper working of the App or the servers on which it is hosted;

· disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing.

6.2. You must only use the App and anything available from the App for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

6.3. All rights granted to you under these Terms will terminate immediately in the event that you have not followed your responsibilities as required by them (legally known as a "breach").

7. Intellectual property rights

7.1. All intellectual property rights (which includes rights such as copyright, and rights in trade marks) in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us and you acknowledge that you do not acquire any ownership rights by downloading content from the App. If you print off, copy or store pages from the App (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

7.2. You are solely responsible for Your Content (including content you share with other sites, such as social networking sites) and we do not endorse Your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content.

8. External links

Deal details may contain links to external sites provided by Merchants where you may find access to additional information regarding the relevant Deal. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available.

9. Your personal information

Use of your personal information submitted via the App is governed by our privacy policy.

10. Purchasing Deals

Your relationship with the merchant

10.1. Purchased Deals are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Deal. The Merchant is solely responsible for redeeming the Deal. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not. You indemnify and release M-Pulse and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Deal or the goods, services or experiences a Merchant provides in connection with the Deal.

10.2. By purchasing, viewing, printing, accepting, using or attempting to use any Deal, you agree specifically to the terms on the Deal and any additional deal-specific terms advertised in connection with the Deal at the time of purchase (the “fine print” regardless of how labelled). These rules apply to all Deals made available via the App, unless a particular Deal’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these terms and conditions and a Deal’s fine print, these terms and conditions will control. Any attempt to redeem a Deal in violation of these terms and conditions will render the Deal void.

10.3. The Merchant is the sole issuer of the Deal. Purchased Deals are not redeemable for cash. Unauthorized or unlawful reproduction, resale, modification, or trade of Deals is prohibited. The details including pricing, date and time, and quantity offered relating to Deals on the App may change at any time at the sole discretion of the Merchant concerned, without notice.

10.4. Where videos and/or images are displayed they are intended to be purely representative of the product or service. Your actual experience may vary.

10.5. Deals

· Each Deal is available for purchase for a limited period of time and quantity only as determined by the Merchant.

· Deals must be redeemed by the date and time as shown on the Deal and Receipt, or it will no longer be valid (and you will not be entitled to a refund).

· Deals where a Check-In time and date is given have no value once the check-in date has passed.

· Acceptance of late-comers are at the sole discretion of the relevant Merchant.

· Only a specific number of deals are available for purchase. This is displayed within the Deal details.

· For each Deal purchased you will receive an electronic Receipt via the App against which the Deal is redeemable.

· Each Deal is valid for a single use only, by the purchaser, as stated on the Receipt.

· The percentage discount is as specified by the Merchant and we do not make any guarantee that the percentage discount displayed on any deal is correct or accurate.

· Where a choice between products and/or services are offered, the percentage discount reflects, at most, the discount relative to the most expensive item offered.

· Deals are redeemed by presenting your Receipt to the Merchant, or one of its authorised agents, on arrival at the Merchant’s place of business. Deals are redeemable by the Purchaser only and the Merchant may ask for identification to verify you as the Purchaser.

10.6. It is your responsibility to check your Deals; if you have made a mistake it cannot always be rectified after purchase. Please check your Deal(s) on receipt carefully and contact us immediately prior to the valid time and date if there is a mistake, or if you have not received your Receipt(s).

10.7. You agree to abide by any additional rules and restrictions that the Merchant may require, and violation of such additional rules and restrictions may result in additional charges and the cancellation of your Purchase.

10.8. You agree that you are not entitled to combine any Deal with any other discount, special or promotion that is offered by the Merchant at its place of business, unless the Merchant specifically gives consent to you to do so.

10.9. The reproduction of a deal is prohibited.

Process of purchasing

10.10. Deals may be Purchased by clicking on the Deals you wish to Purchase and then following the prompts that will appear on-screen.

10.11. Once you click the “Buy” button, follow the prompts and complete your purchase. You will be notified of your Purchase via the App as well as via email.

10.12. If an offer becomes unavailable between ordering and processing, M-Pulse will either cancel or not process the order and will notify you by email.

10.13. Your purchase is not complete until you receive an in-App Receipt stipulating the details of your Purchase. Payment shall be made by you for the relevant Deal via the App.

10.14. Notwithstanding our acceptance, we may immediately terminate or suspend the Purchase (and suspend or void the Deal) if subsequently your payment details are found to be invalid or lack funds by our payment provider, or we or our payment provider reasonably suspect fraudulent behaviour linked with your account.

10.15. Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.

10.16. Once submitted, your order constitutes an offer to us to Purchase a Deal. All orders are subject to acceptance by us. We are not obliged to accept your order and may, in our discretion, decline to accept any order.

Additional terms

10.17. Our Merchants may prohibit us from issuing exchanges or refunds after a Purchase is made, or for lost, stolen, damaged or destroyed Deals.

10.18. We may limit the amount of Deals you can buy. We reserve the right, on reasonable suspicion, to cancel without notice or liability to you any order for Deals purchased over any specified limit or if we reasonably suspect fraudulent conduct in connection with the Purchase.

10.19. A Deal shall not be used for advertising, promotions, contests or sweepstakes without the Merchant's and our written consent.

11. Price and payment

11.1. The price of Deals is as quoted on the App from time to time. Prices include VAT, if applicable.

11.2. Prices are liable to change at any time, but changes will not affect Purchases in respect of which we have already sent you an email confirmation.

11.3. Payment for all orders must be made by credit or debit card by entering such information in the App via our 3-rd party payment gateway.

11.4. Online Payments: MyGate Payment Gateway. All online payments are processed by the MyGate Payment Gateway. Consumers may go to www.mygate.co.za to view MyGate’s security policies.

11.5. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

12. Our refunds policy

12.1. Due to the following factors, no refunds or exchanges can be given:

a) the short-term nature of the goods or services that are offered;

b) the short notice of cancellation due to the type of service provided and the reservation space and availability that the booking will take up;

c) the damage the supplier will suffer due to reservation;

d) the loss of business due to the reservation and booking made;

e) the short time span and length of notice of cancellation provided by the consumer;

f) the reasonable loss of potential business for the service provider;

g) the low chance of the service provider to find an alternative consumer between the time of receiving the cancellation notice and the time of the cancelled reservation;

h) the general practice of the relevant industry.

Taking all the above factors into account there will be a 100% forfeiture of the booking price paid in the event of cancellation by the consumer.

12.2. Purchases cannot be exchanged or refunded, except in the following circumstances:

If a Deal is cancelled by a Merchant or there is a material change to the subject matter of the Deal contract, we will coordinate with the Merchant with regards to a full refund of the face value price paid or, if the face value has been reduced by the Merchant, the discounted face value. A material change is one which, in our reasonable opinion, makes the Deal materially different to what a purchaser of the Deal could reasonably expect.

12.3. Paying refunds

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

You may reject a credit or refund within 30 days of receiving the credit or refund, but if you do not reject the credit or refund by notifying us within that time frame you will be deemed to have accepted the credit or refund in full and final settlement of any and all claims, actions, demands and proceedings you may have against M-Pulse Pty Ltd arising out of the Deal or Purchase for which you received the credit or refund.

12.4. Your legal rights

Nothing in these Terms limits or takes away from your legal rights under South African Law. Purchases made via the App are generally non-cancellable and non-refundable, although you may be entitled to a refund in certain circumstances.

13. Our service standards

13.1. We warrant that we will exercise reasonable care and skill in performing our obligations under these Terms. Provided we have done so, we shall not be liable for errors or omissions, although we may issue refunds in limited circumstances. In the event of an error or omission we will use reasonable endeavours to correct any errors or omissions as soon as reasonably practicable after we become aware.

13.2. Except as expressly stated in these Terms, all warranties, conditions or other terms, whether express or implied by statute or common law are excluded to the fullest extent permitted by law. This does not stop you from exercising your legal rights under general law to the extent that we cannot lawfully exclude them or claiming any remedies you might be entitled to under general law.

14. Our liability

14.1. In no event shall we, our subsidiaries or affiliates or any of our or their respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, be liable for any indirect, incidental, special or consequential losses, loss of profit, loss of business, or punitive damages arising out of or in connection with any of the following:

14.1.1. your use of the App, the content or user content, including, without limitation, any personal information, and any other information either contained on the App or submitted by you to the App;

14.1.2. your inability to use the App;

14.1.3. modification or removal of content submitted on the App;

14.1.4. the Deals and other products and programs accessible or available through the App;

14.1.5. any products or services other than Deals and/or the Merchant Products purchased or obtained from a Merchant;

14.1.6. this Agreement; or

14.1.7. any improper use of information you provide to the App, including, without limitation, any personal information.

14.1.8. We are only responsible for direct loss or damage, suffered by you, that is a foreseeable result of our breach of this Agreement or our gross negligence up to the limit specified in clause 14.1.9.

14.1.9. Our maximum aggregate liability under or in connection with this Agreement (including your use of the App) whether in contract, delict (including negligence) or otherwise, shall in all circumstances be limited to 100% of the aggregate amount spent on the Purchase for the relevant Deal(s).

14.2. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control.

15. Termination of services

15.1. We may suspend or terminate all or part of your use of the App, your account and/or a Purchased Deal if you use (or permit anyone other than you to use) the App, your account or a Purchased Deal in breach of these Terms and we do not reasonably consider that your breach can be resolved, or if it can be resolved you have failed to resolve it to our reasonable satisfaction after we have asked you to do so and given you a reasonable opportunity to do so.

15.2. Termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.

16. General

16.1. These Terms are personal to you. You may not transfer or assign any or all of your rights or obligations under these Terms to any other person without our consent.

16.2. All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you either via email or SMS.

16.3. If we fail to enforce any of our rights, it does not result in a waiver of that right.

16.4. If any provision of these Terms is found to be unenforceable, that provision shall be struck out and all other provisions shall remain in force unaffected.

16.5. These Terms may not be varied except with our express written consent.

16.6. These Terms and any document expressly referred to in them constitute the entire agreement between you and us about the subject matter of these Terms and, in relation to such subject matter, supersedes and extinguishes all earlier understandings and agreements between you and us and all earlier representations by us, including any innocent or negligent misrepresentations. We do not limit our liability to you for any fraudulent misrepresentations made by us in these Terms or otherwise.

16.7. All provisions of these Terms apply equally to and are for the benefit of M-Pulse Pty Ltd, its group members and all registered Merchants at any relevant time and each shall have the right to enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of the group members and the Merchants).

16.8. These Terms (and all non-contractual relationships between you and us) shall be governed by South African law, and you agree that any dispute between you and us regarding them or any Purchase will be dealt with by the nearest court in the Republic of South Africa.

17. Dispute Resolution

17.1. In the first instance we request that you contact us if you have a complaint against us and we shall try to resolve it.

17.2. Please note that this Agreement, its subject matter and its formation, are governed by South African law. You and we both agree that the courts of South Africa will have exclusive jurisdiction to decide on matters connected herewith.

18. Definitions

"Merchant" means a third party registered on the M-Pulse Merchant app who offers and sells the Deals and services, for which a Purchase can be made.

"Purchase" or "Purchased" means the purchase of a Deal.

"Deal" or “Deals” means a particular service and/or product offered by a Merchant, which is subject to any additional terms of entry set by the Merchant.

19. Contact Us

Please submit any questions you have about these Terms, an order you have placed or purchasing in general by email to support@m-pulse.app or write to us at PostNet Suite 578, Private Bag x 10, Elardus Park, Pretoria, 0047.

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