VEXX Contact

Terms & Conditions

These terms of use are valid, binding and enforceable against all persons that access the VEXX website, download and install the software via their cellular telephones or this website or use the service through this website or any part thereof, in terms of the Electronic Communications And Transactions (ECT) Act 25 of 2002, including all terms not specifically mentioned. Further, the common law of contract is also applicable hereto. If you do not agree to be bound by these terms of use you must leave the website immediately as further use will automatically bind you to these terms of use.
1. DEFINITIONS
In these terms of use, unless the context indicates a contrary intention, the following words shall have the meanings given to them:
1.1 "application" means the downloadable software for installation on mobile telephones for communication via voice or text messaging, and use of the services.
1.2 “associates” means all companies affiliated to VEXX, through the website or application.
1.3 “contacts" means the people you have invited, or whose invitation you have accepted and who are subsequently found in the application as your contact.
1.4 "content" means, but is not limited exclusively to, voice and text messages created by the user, as well as all digital content like images, sound clips, ring tones, news or other information made available by VEXX for you to purchase or to download.
1.5 “data messages” means, but is not limited to, voice or text messages sent using the application, or any other type of communication sent or received, to, or from the user, by VEXX, their contacts or any other entity.
1.6 "intellectual property rights" means but not limited to copyright, patent, trade mark rights, and design rights, software, the application, icons, graphics, all confidential information and data relating to the services and the application itself and all content.
1.7 "services" means the ability to access the value added service of sending and receiving VEXX SMS’s and its related offerings, incorporating voice, text, content, storage facility and any other service VEXX may from time to time offer to users.
1.8 "terms of use" means these terms and conditions.
1.9 "territory" means the Republic of South Africa.
1.10 "upload" means the electronic transfer of information or data by you to the VEXX website or to your users account.
1.11 “user” means any person or legal entity that is registered and approved by VEXX to post content to the application, website or services and generally have access to all services offered by VEXX.
1.12 "user account" refers to the account you create with VEXX for your use of the application, website or services.
1.13 "VAT" means value added tax.
1.14 "VEXX" means Vexx Media (Proprietary) Limited (Registration No. 2008/008043/07), a company incorporated under the laws of the territory.
1.15 "websites" refers to VEXX'S Internet website with URL www.vexx.co.za and to VEXX’S WAP/mobi site with URL vexx.mobi.
1.16 Unless otherwise specifically provided, all amounts mentioned by VEXX are inclusive of VAT.
2. PREAMBLE
2.1 VEXX is a company whose business it is to provide an alternative form of communication in the cellular telephone industry.
2.2 It markets the application to all cellular telephone users in the territory whose handsets are capable to run the application.
2.3 Use of the application and some or all of the services offered by VEXX, are done so based on the capabilities and limitations of the users handset.
2.4 This agreement sets out the terms of use which will bind all you.
3. AGREEMENT
3.1 These terms of use bind you in terms of all sections of Chapter III, Part 2 of the ECT Act specifically mentioned, as well as those not specifically referred to, where applicable.
3.2 You hereby warrant that you have the required legal capacity to enter into and be bound by these terms of use. Minors must be older than 14 years of age and assisted by their legal guardians when reading these terms of use, registering for and using the website, application and services offered by VEXX. If you are unsure as to whether you have the legal capacity to enter into this contract, please have your legal guardian assist you with this information before continuing to use this website, the application and services.
3.3 These terms of use are valid, binding and enforceable and will be considered as concluded in Durban, Kwazulu-Natal, Durban, the moment you access the website and/or download the application.
3.4 In terms of section 13(5) of the ECT Act no electronic signature is required between VEXX and yourself. Browsing of the website or download of the application is evidence of your intent to be legally bound by this agreement.
3.5 Any expression of intent or statement between VEXX and you, contained in a data message and all agreements and authorization under these terms of use, satisfies the "writing" requirement as per section 12 of the ECT Act.
3.6 The time and place of communications, as well as dispatch and receipt thereof shall be determined as follows:
3.6.1 Data messages used in the conclusion or performance of an agreement will be regarded as having been sent by VEXX when it enters an information system outside the control of the VEXX or, if VEXX and you are in the same information system, when it is capable of being retrieved by you;
3.6.2 Data messages will be regarded as having been received by you when the complete data message enters an information system designated or used for that purpose by yourself (including your service providers’ information system) and is capable of being retrieved and processed by you; and
3.6.3 Data messages will be regarded as having been sent from VEXX’S’ usual place of business and as having been received at you usual place of business or residence.
4. MISCELLANEOUS
4.1 This agreement is the sole agreement between the parties and no variation or consensual termination of this agreement shall be valid and binding unless reduced to writing and signed by both parties.
4.2 No indulgence or relaxation of any of the provisions of this agreement by either party will constitute a waiver or abandonment of such party’s rights to require strict and punctual performance of all the provisions of this agreement.
4.3 A waiver by either party of a breach of any provision of this agreement will not be, or deemed to be, a continuing waiver in respect of similar breach committed on a later occasion.
4.4 If any one or more of the provisions of this agreement should be held to be invalid or unenforceable, the validity and enforceability of all the other provisions of the agreement will not be affected thereby, and without affecting the generality of the aforegoing the parties agree to negotiate with each other to arrive at an amendment to this agreement which would restore the parties, as far as possible, to the position contemplated by the parties at the time this agreement was entered into and which amendment is legal and enforceable.
4.5 Delivery & Export policy : Due to our nature of Business & Product on offer, there will be no export of physical products carried out.
5. DOMICILIUM CITANDI ET EXECUTANDI
5.1 VEXX chooses W301 Hampden Court, 5 Hampden Road, Morningside, Durban, South Africa as its domicilium citandi et executandi for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from these terms of use.
6. LEGAL COSTS AND INTEREST
6.1 In the event of an attorney being instructed as a result of a breach of these terms of use, you will be liable to pay all attorney and client costs incurred by VEXX thereunder, including collection commission and interest at the prime overdraft rate of interest per annum charged by VEXX'S bankers from time to time, plus 2% reckoned from the due date of payment until the actual date of payment, both dates inclusive, calculated and capitalised monthly in advance.
7. LICENSING
7.1 Download and use of the application is subject to the following, exclusive, personal and non-transferable rights:
7.1.1 you may only download and install the application on your cellular telephone in the territory for the sole purpose of using the services and acquiring the content as described in the definition clause;
7.1.2 you may not re-use or distribute the website content or application without prior authorization from VEXX;
7.1.3 notwithstanding the general nature of clause 6.1.2, you may not modify, reverse engineer, decompile, hack or create a derivative work of the application;
7.1.4 you may not distribute, sell, grant sub licenses or grant any rights to another person, nor render any services in respect of the application;
7.1.5 VEXX and our suppliers own the software operating the website. Save to the extent expressly permitted by applicable laws, you may not copy, modify, download, distribute or de-compile the websites software without our consent;
7.1.6 you agree to receive third party marketing communications and advertisements, such as splash screens;
7.1.7 you agree that you cannot opt out of receiving third party marketing communication and advertisements;
7.1.8 no framing or deep linking is allowed;
7.1.9 no applications and software such as web crawlers are allowed to search and / or copy any quantities of portal content from the website, unless the necessary authorization has been provided; and
7.1.10 access to this website and the application is for your exclusive use and any logon credentials supplied to VEXX may not be shared with any other user.
8. ACCESS TO THE WEBSITES AND APPLICATION
8.1 Logon to the application is strictly done so under your own personal cellular telephone number and PIN code.
8.2 You warrant that the cellular telephone number you give, is true and correct, and is linked to the SIM card that is used in conjunction with the cellular telephone you use when logging in to your user account.
8.3 It is your duty to safeguard your own PIN code.
8.4 You accept liability for all actions done so on your user account and VEXX is free to assume that it is you logged on.
8.5 You may not use another user account, and will contact VEXX should you need to create another user account.
8.6 You may not cede your right to log on to your user account to any other person or third party.
8.7 You may not log on to your user account by using any other software or device other than the application;
8.8 Since VEXX cannot control the cellular telephone you use to logon on to your user account, you agree that you are responsible for the security of that device. This includes, without derogating from the general nature of this clause that:
8.8.1 you will protect your cellular telephone and SIM card with adequate passwords to make sure, that no one other than yourself can use that device;
8.8.2 you will keep the passwords secret from other people;
8.9 You agree to notify VEXX immediately in writing to support@vexx.co.za when you become aware of any un-authorised use of your password code or your user account, or other breach of security.
9. TRANSACTIONS
9.1 Should you purchase any VEXX airtime, or any other item through the services offered by VEXX or its associates, from this website, the application, or any associate of VEXX, that transaction will be bound by the following terms:
9.1.1 all goods sold are subject to the disclaimers contained in clause 14 below;
9.1.2 subject to availability and receipt of payment, requests will be processed within 30 days and delivery confirmed by way of booking number / booking voucher;
9.1.3 all costs for courier and/or postal services to be included in the final purchase price payable by you;
9.1.4 the provision of goods and services by VEXX is subject to availability. In cases of unavailability, VEXX will refund you in full within 30 days;
9.1.5 cancellation of orders by the client will attract a 25% administration fee;
9.1.6 payment may be made via Visa and MasterCard credit cards or by bank transfer into the VEXX bank account, the details of which will be provided on request;
9.1.7 credit card transactions on the websites and application will be acquired for VEXX via Iveri. VEXX MEDIA uses the strictest form of encryption, namely Secure Socket Layer(SSL) and no credit card details are stored on the website.
9.1.8 customer details will be stored by VEXX separately from card details which are entered by you on VEXX MEDIA secure site; and
9.1.9 the merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is the South African Rand (ZAR).
9.2 All VEXX airtime credited to a users account will, after 90 days from date of purchase, or date of last use, be forfeited to VEXX due to inactivity and the users account shall then, subject to the provisions of clause 18 below, be terminated.
9.3 VEXX-SMS vouchers purchased in the denominations of R4, R9, R20 & R28 are valid for a period of 90 days, VEXX-SMS voucher values of R49 are valid for 180 days, and VEXX-SMS voucher value of R99 is valid for period of 365 days from date of activation.
9.4 Please note the final value of the transaction can and will only be determine at the time of settlement which shell be governed by the Reserve Bank of South Africa's international exchange rate.Therefore, Please allow for exchange rates fluctuation.VEXX MEDIA can not be held liable for any variances and exchange rate fluctuation at any point of time.
10. PRIVACY
10.1 You agree that upon registration of your user account, VEXX stores the following personal information:
10.1.1 your cellular telephone number; and
10.1.2 your history of using the VEXX application and the services;
10.2 You further agree that VEXX may use your personal information to:
10.2.1 activate the application and your user account;
10.2.2 render, offer and improve services and the application itself; and
10.2.3 compile non personal statistics about the use of the website, application and services;
10.3 Although VEXX will take reasonable care to ensure that your privacy is protected VEXX cannot guarantee your privacy.
10.4 When using the website, you agree that unless encrypted, communication over the internet is not secure.
10.5 Although VEXX does encrypt your communication, you agree that VEXX is not responsible for any un-authorised access to your communications.
10.6 You agree not to post personal information, such as your telephone number, street address, last name, e-mail address on the VEXX website.
10.7 VEXX is not responsible for any harm you may suffer resulting from your failure to comply with this undertakings.
10.8 VEXX shall only disclose your personal information to other people when it is necessary to render its’ services, if you have given permission to do so, or if they are entitled by law to access your personal information.
10.9 You agree that VEXX may share your personal information with third parties for marketing and promotional activities related to VEXX and the services it offers.
10.10 You understand that VEXX may not notify you in the event that VEXX is required by law to monitor your communications and that, if required by law; it has to disclose such communications together with your personal information to the relevant law enforcing authority.
10.11 You are hereby informed, and you agree thereto, that VEXX may in so far as it is allowed by law, intercept any communication sent and received by yourself using the application, website or any of the services offered.
11. CONTENT AND THIRTY PARTY CONTENT POLICY
11.1 VEXX will not be held responsible for any content you receive whilst using the application, website or any of the services offered.
11.2 In regard to all content sent and received, you agree that you:
11.2.1 are bound by VEXX'S content policy, a copy of which is available on the VEXX websites which is available upon request;
11.2.2 acknowledge that VEXX has no control over any content or communication which you send and receive;
11.2.3 VEXX is not liable for any exposure to unwanted content;
11.2.4 will notify VEXX of the unwanted content;
11.2.5 will not post unsolicited or misleading content or post repetitive content to one or more content categories;
11.2.6 will not copy, modify, or distribute any other person's Content without their consent; and
11.2.7 will not violate others intellectual property rights, including patent, copyright, trademark, trade secret or other proprietary rights;
11.3 In regard to all content sent and received, to or from any third parties, you agree that:
11.3.1 VEXX may sell content or services provided by third parties on the application;
11.3.2 you will familiarise yourself with the terms and conditions on which the third parties offer to make their content or services available to you;
11.3.3 any third parties terms and condition are separate and distinct from these terms of use;
11.3.4 VEXX will act as an agent for the third party and will not be liable to you for the third party content or service.
12. VEXX’S RIGHTS
12.1 VEXX reserves the right to:
12.1.1 suspend all services for any reason;
12.1.2 repair or upgrade systems features and technical aspects, of the application, website or the services, whenever it deems fit;
12.1.3 suspend your account pending investigation into a possible breach by you of these terms of use;
12.1.4 remove any content, contacts, intellectual property, data messages or services, without notification; and
12.1.5 adjust the website, services or content of any nature available on the website or application.
13. USERS OBLIGATIONS
13.1 You agrees that you will:
13.1.1 only use the application for legitimate purposes, and in accordance with these terms of use; and
13.1.2 abide by all laws when using the application, website and services;
13.2 Without derogating from the generality of this clause, as well as clause 13.1 above, you agrees that you will not cause damage or loss to VEXX or its associates, by any manner whatsoever, which will include:
13.2.1 posting illegal content;
13.2.2 posting any material not suitable for persons under the age of 18 years;
13.2.3 posting any threatening, abusive, defamatory, obscene or indecent material;
13.2.4 causing or allowing to be caused the distribution of spam, chain letters, or pyramidstyled schemes;
13.2.5 infringing any third-party’s right to personal privacy;
13.2.6 imposing an unreasonable load of data or interfering with the proper working of VEXX, the application, website or services;
13.2.7 using any automated means to access the website, application or services and collecting content for any purpose without VEXX’S express written permission; and
13.2.8 use any harmful or malicious code, of any kind, which are designed to interfere with or access any data, communications or software associated with the application or any services or content otherwise owned by VEXX or provided by a third party.
13.3 You may not send any unsolicited communication to VEXX or to any user, whether such unsolicited communication is sent to the user account or to any other address of such user.
13.4 You shall not abuse, harass, threaten, intimidate or harm any other user or any member of VEXX'S staff.
13.5 You may not monitor, intercept or modify any communication that is not addressed to you or to your user account.
13.6 You may not resell any of the services or any content you bought from VEXX to a third party.
13.7 You will have access to bandwidth and be able to pay your internet service provider or telephone company for the bandwidth you use in connection with the services.
13.8 You will pay the roaming charges that will be charged by any foreign network when using the application outside of the territory.
13.9 You will not use another person's username or password to access their, or another persons user account.
13.10 You will acquire the hardware and internet connectivity necessary to use the application, website and services offered.
13.11 You will pay all fees that are due in respect of the said hardware and internet connectivity acquired in terms of clause 13.10 above.
14. DISCLAIMERS
14.1 Subject to all other disclaimers contained in these terms of use, VEXX does not warrant that:
14.1.1 the services will be available at all times;
14.1.2 messages will reach you or your contacts;
14.1.3 your cellular telephone is capable of using the application, browsing the website and using all the services offered, which may mean that certain content can not be played or displayed on your cellular telephone;
14.1.4 the quality, use, or performance of the application will be of a certain standard;
14.1.5 it makes any representation or warranties in respect of its employees and content; and
14.1.6 it does not warrant the quality of any goods purchased on or through the website, application or services from VEXX or any third party.
15. WARRANTIES
15.1 The User warrants that:
15.1.1 any information which you provide to VEXX is true and correct;
15.1.2 you are a resident of the territory;
15.1.3 you are bound by these terms of use, together with all those terms and conditions of third parties that arise from use of the application, website and services offered; and
15.1.4 you have made yourself aware of all other terms and conditions that may be applicable to you whilst using the application, website and any service offered in connection with the website and application, together with all hyperlinks which you may come across whilst using the application, website, services or third party services.
16. INDEMNITY AND LIMITATIONS OF VEXX’S LIABILITY
16.1 VEXX, and all entities associated thereto, by use of the application, website and all services offered are not liable for any damages, howsoever arising from use of this website, the application and all services, including all information contained on the website.
16.2 Without derogating from the generality of clause 16.1 above, you hereby indemnify VEXX and its associates, against any damage, loss or liability of any nature including special, incidental, indirect or consequential damages, regardless of whether expressly advised of the possibility of such loss or damage, arising out of:
16.2.1 access or inability to access the website and/or the application;
16.2.2 services available from the website and application;
16.2.3 content available from the website and application;
16.2.4 download and use of content from the website and application;
16.2.5 any content or information received from a third party, or which a third party has obtained through use of the website or application;
16.2.6 use of any hyperlink contained on the website, or received whilst using the application; and
16.2.7 any violation of these terms of use by the user.
16.3 You assume full responsibility for the risk or loss resulting from your use of this website or the application.
16.4 VEXX shall not be held liable for any delay in performance which was directly or indirectly caused beyond the control and without fault or negligence of the part of VEXX.
17. INTELLECTUAL PROPERTY RIGHTS
17.1 All intellectual property rights to the website and application, as well as all services offered are either owned by VEXX or licensed to VEXX.
17.2 All intellectual property is protected by South African and international copyright laws.
17.3 The name "VEXX" and the VEXX logo are registered trademarks and may not be used in any manner without VEXX'S permission.
17.4 All other intellectual property rights not owned by VEXX that appear on the websites, application or upon any services offered, are the property of their respective owners and may not be displayed or distribute without first having received that person's permission to do so.
17.5 All intellectual property referred to in clauses 17.1 to 17.4 above may:
17.5.1 only be used only in conjunction with the services specific to the website, application and all other services thereto; and
17.5.2 only be used for other purposes than those contained in clause 17.5.1 above, with VEXX or the relevant third parties prior written permission.
17.6 Nothing in these terms of use:
17.6.1 intend to transfer any intellectual property rights to you, other than giving you the license to use the various services offered as described in clause 6 above; and
17.6.2 should be construed as granting any license or right to use any trademark displayed on the websites, application or services offered without VEXX'S prior written permission and/or that of the affected third party, as the case may be.
18. TERMINATION
18.1 If you cease to use the application, website or any of the services offered by VEXX, for any reasons whatsoever, for a period of 90 days, access to all services offered by VEXX and these terms of use will terminate, subject to the terms of clause 9.2 above and the following further conditions:
18.1.1 all the supplementary terms will terminate;
18.1.2 the licenses granted in clause 6 will terminate;
18.1.3 you will immediately stop using the application, website and services;
18.1.4 you will remove the application from your cellular telephone and/or any other devices on which it has been installed;
18.2 Subject to clause 18.1 the following clauses will endure despite the termination:
18.2.1 clause 14 – Disclaimer;
18.2.2 clause 15 – Warranties;
18.2.3 clause 16 – Indemnity and Limitation of VEXX’S Liability; and
18.2.4 clause 17 – Intellectual Property.
19. DEFAULT
19.1 Should you commit or permit the commission of any breach of any clause contained in these terms of use, or any other set of terms and conditions to which the user was obligated in terms of clause 13 to be aware of, whether or not such breach goes to the root of this contract, VEXX may, without prior notice to you and despite any rights that you may have been granted herein:
19.1.1 suspend access to the application, website and services;
191.2 remove any content uploaded by you; and/or
19.1.3 ban you for such period as VEXX may deem fit from using the application, website and services.
19.2 Should any action referred to in 19.1 above be taken by VEXX, these terms of use will remain in effect, until such time as VEXX has notified you of the final decision, and depending on such decision, clause 18 above will then be applicable if necessary.
20. RETURN / REFUND POLICY
20.1 Due to our nature of Business & Product on offer, there will be no refund accepted.