Terms and Conditions

UBU SOUTH AFRICA (PTY) LTD

Website Terms and Conditions Thank you for visiting our Website. The following are the terms and conditions which govern our Website. PLEASE NOTE THAT by making use of UBU South Africa (Pty) Ltd services and/or by registering an account ubuinternational.com and/or related mobi-sites and software applications or any associated websites or mobile applications (herein after referred to as the “Website”), you agree that you have read, understood and accepted all of the terms and conditions displayed on our Website, including these Terms and Conditions as well as our Privacy Policy. PLEASE NOTE FURTHER THAT if you have not read, understood or agreed with the Terms and Conditions, as published on our Website from time to time, you MUST immediately refrain from accessing and/or using and/or posting ubuinternational.com and/or related mobi-sites and software applications. Should you be unable to understand the contents of these Terms and Conditions or any other terms and conditions published on our site or have any queries please contact us on support@ubuinternational.com.

Online services

Before you are entitled to use any of our services or products, you must register with us and we must accept your registration. We may accept or reject your registration at our sole discretion and judgment without giving reasons. PLEASE NOTE THAT for each service and product we offer, separate terms and conditions apply. If there is any difference between these Terms and Conditions and the specific terms and conditions of any service or product, those specific terms and conditions will apply.

Capacity to enter into agreements

You warrant to us that you are legally capable of agreeing to these Terms and Conditions and any other relevant terms and conditions as published on this Website from time to time. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use this Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

Your use of our Website

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify this Website or the information contained herein, without the prior written consent from us. You may not at any time attempt or actually alter, reverse-engineer, modify, circumvent, amend, tamper with or change any part of this Website and/or any security features of this Website. You may not use this Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. You agree not to:

use this Website for illegal or inappropriate purposes;
interfere with or disrupt the proper operation of this Website;
attempt to gain unauthorised access to this Website, system or any other part of this Website you do not have access rights to;
convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature.

Types of information on our Website

All information contained on this Website, or any related site, is only intended to provide you with general information about us, our products, our services and our vision. Nothing on this Website should be construed or made out to be as an offer to you. All information is provided “as is” and you should not rely on such information or treat it as advice. You should always consult with an appropriate person before doing anything based on any information on this Website.

Your privacy and security

We take your privacy and security of personal information very seriously. By entering any and all personal information on this Website, registering with the Website, creating an account, making a purchase or by accepting this agreement, you consent to the processing of your personal information by UBU in terms of the Protection of Personal Information Act. We respect your privacy and will take reasonable measures to protect it. The below terms and conditions relating to privacy must be read in conjunction with the Privacy Policy published on our Website from time to time. Should you decide to register as a user on our Website, we may require you to provide us with personal information which includes but is not limited to –

your name and surname;
your email address;
your physical address;
your mobile number; and
your date of birth.

Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Subject to what is said below, we will not, without your express consent, use your personal information for any purpose other than as set out below:

in relation to the ordering, sale and delivery of goods or services;
to contact you regarding current or new goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website.

Subject to what is said below, we will not, without your express consent, disclose your personal information to any third party other than to:

our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of goods or services or when delivering goods or services to you, and thus need to know your personal information in order to assist them to communicate with you properly and efficiently;
our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
our third party service providers, in order for them to liaise directly with you regarding any faulty goods or services you have purchased which requires their involvement; and
our third party service providers for purposes of sending you an invoice for any goods or services purchased from such third party service providers.

We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, we are entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it. We will –

treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
provide you with access to your personal information to view and/or update personal details;
promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

We will not retain your personal information for longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. We undertake never to sell or make your personal information available to any third party other than as provided for in these Terms and Conditions and the published Privacy Policy. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than us, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

Linking to Third-Party Websites

This Website may contain links or references to other websites (“Third Party Websites“) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and we are not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use. Notwithstanding the fact that this Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon. We do not give any warranty about any other website, software or hardware, including their security or performance.

Electronic communications

When you visit this Website or send emails to us, you consent to receive communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy.

Risk of sending information over the Internet

There is always a risk when sending information over the internet. We take all reasonable steps to limit these risks, however, we cannot stop all illegal activities. We are not responsible for any loss or damage you may suffer as a result of sending information over the internet.

Our Intellectual Property

The contents of this Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content“) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of UBU South Africa (Pty) Ltd, its advertisers and/or sponsors and/or is licensed to us. You will not acquire any right, title or interest in or to this Website or the Website Content. You may view such content and copy it onto a computer or other device or storage media and you may print and make paper copies of it, but only if:

it is for the purposes of deciding or using our services or products;
it is not used for any commercial purposes; and
any copy of the content from any part of our Website must show our copyright notice.

Where any of the Website Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

Changes to these Terms and Conditions

We may, at our sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not continue to use the Website in any way. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes. A certificate (letter) signed by the administrator of this Website is prima facie proof of the date and content of the latest and any previous versions of these Terms and Conditions and other Terms and Conditions published on this Website from time to time.

Availability, Closing, Suspending or Limiting the Website

We will use reasonable endeavours to maintain the availability of the Website, except for during scheduled maintenance periods. We may, however, change, limit the functions, suspend or close the Website temporarily or permanently without providing you with notice of our intention to do so. We make no express or implied representation or warranty:

that the Website will be available for access at all times, or at any time on a continuous uninterrupted basis;
as to the operation, quality or functionality of the Website;
that the Website will be free of errors or defects; and
that the Website is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property.

Disclaimer and limitation of responsibility

We cannot be held liable for any inaccurate information published on this Website and/or any incorrect prices or descriptions displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of us, our employees, agents or authorised representatives. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE. YOU HEREBY INDEMNIFY UBU SOUTH AFRICA (PTY) LTD AND ANY OF ITS ASSOCIATED COMPANIES AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

How disputes will be resolved

Any dispute related to this Website or any of our services or products will be decided by arbitration unless either party applies for urgent action against the other. Any arbitration will be held and dealt with in terms of the rules of the Arbitration Foundation of South Africa.

Governing law and jurisdiction

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of this Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions. In the event of any dispute arising between you and us, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court. Nothing in these Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction.

Notices

We hereby select Gottschalk Attorneys, Building 1, 152 Bryanston Drive, Bryanston, Johannesburg, South Africa, 2191, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address“). We may change this address from time to time by updating these Terms and Conditions. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

by hand, will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
by email, will be deemed to have been received on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

Information

For the purposes of the Electronic Communications Act 25 of 2002, UBU South Africa (Pty) Ltd information is as follows, which should be read in conjunction with its service and product descriptions and other terms and conditions contained on the Website:

Full name: UBU South Africa (Pty) Ltd, a private company registered in South Africa with registration number 2019/396459/07
Main business: Marketing and Advertising
Physical address for receipt of legal service (also postal and street address): Building 1, 152 Bryanston Drive, Bryanston Johannesburg, South Africa, 2192 (marked for attention: Gottschalk Attorneys)
Office bearers: Gottschalk Attorneys
Phone number: +27 64 815 9876
Email address: info@ubuinternational.com
Website: https://www.ubuinternational.com/.

General

We, at our sole discretion, at any time and for any reason and without prior written notice, may suspend or terminate the operation of this Website or the user’s right to use this Website or any of its contents subject to us processing any orders then already made by you. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party. Any failure on the part of you or us to enforce any right in terms hereof shall not constitute a waiver of that right. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect. The headings in these Terms and Conditions are only for information. They are not to be considered when interpreting any clause in these Terms and Conditions.

Citizen Terms & Conditions

UBU SOUTH AFRICA (PTY) LTD CITIZEN TERMS AND CONDITIONS incorporating THE USER AGREEMENT PLEASE NOTE THAT by making use of UBU South Africa (Pty) Ltd services and/or by registering an account www.ubuinternational.com and/or related or associated mobi-sites and software applications or any associated websites or mobile applications, you agree that you have read, understood and accepted all of the terms and conditions displayed on our website, including these Terms and Conditions as well as our Privacy Policy. PLEASE NOTE FURTHER THAT if you have not read, understood or agreed with the Terms and Conditions, as published on our website from time to time, you MUST immediately refrain from accessing and/or using and/or posting www.ubuinternational.com and/or related mobi-sites and software applications. Should you be unable to understand the contents of these Terms and Conditions or any other terms and conditions published on our site or have any queries please contact us on support@ubuinternational.com.

Introduction

This website can be accessed at www.ubuinternational.com. and at related or associated mobi-sites, mobile applications and software applications (the “Website“) and is owned by and operated by UBU South Africa (Proprietary) Limited (“UBU“, “we“, “us” and “our“). The terms and conditions as contained in this User Agreement (“Terms and Conditions“), together with our Website Terms and Conditions govern:

the use of any associated mobile applications;
the relationship between users and Third Party Vendors; and
the purchase and redemption of the UBU voucher (“UBUs”).

The Website enables you to:

download a branded mobile application (an associated mobile application);
purchase and redeem UBUs;
browse online for an extensive range of vendors; and
enter into online raffles, competitions, giveaways and draws.

We allow third parties to register as a vendor with us in order to appear on our vendor directory list which can be accessed through the Website (each a “Third Party Vendor“). The purpose of the vendor directory list is to indicate to you as the user, which third parties may accept UBUs in exchange for goods, products or services. Should a Third Party Vendor wish, he/she is entitled to list and display goods and services that he/she is willing to exchange for UBUs. In order for you to exchange your UBUs with a Third Party Vendor, you will be required to redeem your UBUs (representing the UBU voucher) with the Third Party Vendor. All products, goods and services displayed on the Website are offered by a Third Party Vendor. No products, goods or services are offered by us in the capacity of a vendor. We merely provide a vendor directory list to you.

Application

These Terms and Conditions apply to any and all users of the Website.

Binding Effect

These Terms and Conditions, together with any other terms and conditions which may be published on our site from time to time, are binding and enforceable against every person that accesses or uses this Website (“you“, “your” or “user“), including without limitation each user who registers as contemplated below (“Registered User“). A certificate (letter) signed by the administrator of this website is prima facie proof of the date and content of the latest, and any previous, versions of these Terms and Conditions and other Terms and Conditions published on this website from time to time. By using the Website and by clicking on the “Register” button on the relevant branded mobile application, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions. PLEASE NOTE THAT for each service and product we offer, separate terms and conditions apply. If there is any difference between these Terms and Conditions and the specific terms and conditions of any service or product, those specific terms and conditions will apply.

Important Notice

These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

may limit the risk or liability of UBU or a third party; and/or
may create risk or liability for you as the user; and/or
may compel you as the user to indemnify UBU or a third party; and/or
serves as an acknowledgement, by you as the user, of a fact.

Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask UBU to explain it to you before you accept the Terms and Conditions or continue using the Website. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or UBU in terms of the Consumer Protection Act. UBU only permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

Registration and use of the Website

Only Registered Users may use the Website. To register as a user, you must provide your cell phone number or email address and password and provide certain information and personal details to UBU. Please ensure you read and understand our Privacy Policy and Website Terms and Conditions. You will need to use your cell phone number and password to access the Website. You agree and warrant that your cell phone number and password jointly shall:

be used for personal use only; and
not be disclosed by you to any third party.

Purchasing UBUs and your UBU Wallet

The Website allows you to purchase UBU vouchers or “UBUs”, in exchange for South African Rands at the rate published on the Website from time to time. UBUs are an electronic voucher which may be redeemed with Third Party Vendors listed in our vendor directory. UBUs or the UBU voucher means a voucher credit balance which is represented electronically, denominated in South African Rand (ZAR) and attributed to your UBU Wallet and which:

is credited to you by us upon collection or receipt of funds from you;
may be reloaded with additional value by you subject to these terms and conditions;
may be redeemed by you with a Third Party Vendor whereby UBU will satisfy and settle the relevant obligations to the relevant Third Party Vendor up to the UBU credit balance reflected in your UBU Wallet;
is not redeemable for cash; and
a Third Party Vendor agrees to accepts as payment.

UBUs ARE NOT REFUNDABLE. UBUs, once loaded into your UBU Wallet are non-transferable, non-refundable, non-returnable and may not be redeemed for cash. As stated above, UBUs may not be redeemed for cash and no credit balance will be given as cash. UBUs can only be used as tender at a Third Party Vendor at their point of sale. UBUs purchased by you can be used by you until all the funds purchased on the UBU voucher have been spent. UBUs purchased through the Website can be paid for via cash payment, debit card, credit card or EFT. UBUs are a digital voucher which equates to cash, accordingly if UBUs are lost, stolen or sent to the incorrect person it is your responsibility and we will not be liable for any loss suffered. Any and all UBUs purchased on the Website will be deposited directly into your UBU Wallet. UBUs may only be used within the boundaries of the Republic of South Africa. You may use the UBU Wallet to:

hold UBUs; and
facilitate transactions with Third Party Vendors.

In terms of:

deposits into your UBU Wallet:

UBU, in its sole discretion, has the right to accept or reverse or temporarily withhold any deposit request;
UBU will credit your UBU Wallet with the relevant amount of UBUs on completion of the relevant transaction;

withdrawals from your UBU Wallet:

UBU, in its sole discretion, has the right to accept or reverse or temporarily withhold your withdrawal request;
UBU may immediately debit your UBU Wallet when a withdrawal is authorised by you.

By purchasing UBUs or the UBU voucher you acknowledge and agree that you are not depositing cash or money with UBU to be applied as payment nor will you instruct UBU to pay third parties from such funds. UBU does not guarantee, represent, warrant or hold out that, despite any account verification or credit checks we may have undertaken, we can confirm any matters relating to any credit card details supplied by the Citizen or Vendor under this agreement, including but not limited to:

credit card details of either party are correct;
credit limits have not been exceeded;
the credit card has not been reported stolen or cloned;
the party is authorised to make use of the credit card; or
the credit card is otherwise being lawfully used.

You acknowledge and agree that your use of the UBU Wallet and/or functionality of the UBU Wallet may be limited and/or restricted by UBU:

due to any Website limitations from time to time;
if UBU determines that you must complete any further verification procedures;
if, at UBU’s sole discretion, it believes you are using the UBU wallet for inappropriate purposes or in contravention to any of the terms and conditions of this agreement.

UBU, at its sole and absolute discretion, may impose a maximum amount of UBUs you may purchase or may inform you that you have reached the limit on the number of times you may purchase UBUs within a specified period.

Transacting with a Third Party Vendor

You may redeem your UBUs with Third Party Vendors listed in our vendor directory. Third Party Vendors listed in our vendor directory may accept UBUs in exchange for products, goods or services. In order for you to exchange your UBUs with a Third Party Vendor, you will be required to redeem your UBUs (representing the UBU voucher) with the Third Party Vendor. When concluding a transaction with a Third Party Vendor, the total transaction cost will include the cost of the transaction, plus any applicable taxes, fees or charges imposed by the Third Party Vendor. You may not enter into a transaction with a Third Party Vendor where you do not have sufficient available UBUs to pay for the goods or services including the delivery thereof. The redemption of UBUs for goods and/or services is always subject to the availability of such goods and/or services on the date desired and as determined by the Third Party Vendor. When completing a transaction with a Third Party Vendor, you will be required to enter your unique pin, chosen by you (“Unique Pin“). For security purposes you agree to enter the Unique Pin whenever completing a transaction with a Third Party Vendor, failing which the transaction will fail. You agree that, once the correct cell phone number and password relating to your account have been entered, irrespective of whether the use of the cell phone number and password is unauthorised or fraudulent, your UBU Wallet shall be debited for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions. Apart from the fact that it is possible to link an instruction to a specific user, it is not possible to verify the actual originator, and you therefore authorize us to action any instruction purporting to originate from you, even if transpires that both you and us have been defrauded by someone else, unless you have informed us to the contrary prior to us actioning the transaction. You agree to notify UBU immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your cell phone number and password and to take steps to mitigate any resultant loss or harm. NOTE: the Third Party Vendor will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and the Third Party Vendor come into effect (the “Sale”). This is regardless of any communication from UBU stating that your order or payment has been confirmed. UBU will indicate the rejection of your order (by UBU itself or the Third Party Vendor) by cancelling it and, as soon as possible thereafter, refunding you for any amount of UBUs already paid. After delivery or your collection of the Goods, you may return the goods or products only in accordance with the respective Third Party Vendor’s Returns Policy. UBU relies on inventory and product information supplied by the relevant Third Party Vendor and UBU accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any product, goods or services from a Third Party Vendor which are in fact sold-out or no longer available, any resulting dispute should be resolved between you and the relevant Third Party Vendor.

Delivery of goods

UBU does not offer delivery of products, goods or services to you. You may elect to take a delivery option provided by the Third Party Vendor at your own risk. Where it accepts your delivery request, the Third Party Vendor will deliver the products, goods or services to you as soon as reasonably possible, but no later than 30 (thirty) business days of receipt of your payment (“Delivery Period“). The Third Party Vendor will notify you if it is unable to deliver the products, goods or services to you during the Delivery Period.

Returns

Please refer to the relevant Third Party Vendor’s returns policy for more information about returning products (and related refunds, replacements or repairs). The relevant Third Party Vendor’s returns policy is incorporated by reference (which means that it forms part of these Terms and Conditions). Your obligations as the user When you receive any product, good or service from a Third Party Vendor you must examine it for any possible defects and to satisfy yourself that it complies with your order, is safe, clean and in a useable condition. If you discover a defect it is your responsibility to inform the Third Party Vendor of your discovery as soon as possible, but no later than 6 months, after the discovery. As far as possible, the product, good or service should be returned with:

all packaging in its original condition; and
securely wrapped.

Obligations of Third Party Vendors Please refer to the relevant Third Party Vendor’s returns policy for more information about returning products (and related refunds, replacements or repairs). We only offer you a directory of Third Party Vendors who you may choose to conclude a transaction with, at your sole discretion. We are not responsible or in any way liable for the consequences or liability which arises from you concluding a transaction with a Third Party Vendor. All Third Party Vendors, in so far as it applies to them, are bound by the provisions of the Consumer Protection Act, 68 of 2008.

Gift Vouchers & Coupons

UBU or Third Party Vendors may from time to time make physical or electronic gift vouchers (“Gift Vouchers“), other than UBUs, and promotional coupons or discounts (“Coupons“) and other than UBU Cashbacks, available for purchase on the Website. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. UBU is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.

Third Party Vendors

UBU only offers products, goods or services that are for sale or offered by a Third Party Vendor. UBU only provides the platform to facilitate transactions between a Third Party Vendor and you. UBU is neither the buyer nor the seller of these products, goods or services, unless otherwise specified. The agreement of sale formed on acceptance of your order for products, goods or services is therefore solely between you as the Registered User and such Third Party Vendor. UBU is not a party to the sale. The Third Party Vendor is solely responsible for fulfilment of delivery of the Goods. The Third Party Vendor is also responsible to provide an invoice to the registered user if required. UBU disclaims any and all liability, including express or implied warranties, whether oral or written, for the products, goods or services provided by any Third Party Vendor. YOU, AS THE USER, ACKNOWLEDGE THAT NO REPRESENTATION HAS BEEN MADE BY US AS TO THE FITNESS OF THE GOODS OFFERED BY THE THIRD PARTY VENDOR FOR YOUR INTENDED PURPOSE. WE ASSUME NO RESPONSIBILITY FOR PRODUCTS OFFERED AND/OR SOLD BY THIRD PARTY VENDORS. Your dealings with any Third Party Vendor mentioned on or found on the Website are solely between you and such Third Party Vendor, and are subject to any terms, conditions, privacy policies, warranties or representations associated with such dealings. Your dealings with a Third Party Vendor are at your sole risk and, as set forth above, are without warranties or legal liability of any kind on the part of UBU. Not all Third Party Vendors are registered VAT (Value-Added Tax) vendors. Only Third Party Vendors who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Vendor is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.

Credit Card and Debit Card Transactions

When you provide us with your credit or debit card information you consent to the processing and/or further procession of such information by UBU. When you select to make payment for your UBUs by credit or debit card you acknowledge that transaction errors relating to such purchase may result in a reversal of the transaction, fees, claims, penalty or chargeback from the financial institution or payment service provider that has issued the credit or debit card. You acknowledge that the financial institution or payment service provider which issues or supports the credit or debit card you have linked to your UBU Wallet, and not UBU, determines any amount reversed, returned or charged back. We are bound to follow the instructions of that financial institution or payment service provider. You hereby agree and authorise UBU to consult and work with the relevant financial institution or payment service provider to recover any amounts owing to UBU and if necessary to recover any amounts due by debiting your UBU Wallet or charging your debit or credit card or by any other means UBU may, at its sole discretion, deem appropriate. You agree and acknowledge that you will be responsible for resolving any disputes with the financial institution or payment service provider who has issued your debit or credit card.

Use of the Website

By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained therein, without the prior written consent from us. You may not at any time attempt or actually alter, reverse-engineer, modify, circumvent, amend, tamper with or change any part of the Website and/or any security features of the Website. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of us. You agree not to:

use the Website for illegal or inappropriate purposes;
interfere with or disrupt the proper operation of the Website;
attempt to gain unauthorised access to the Website, system or any other part of the Website you do not have access rights to; or
convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature.

Restriction on use of the Website

The Website is not intended for distribution to, or use by, any person:

who is under the age of 18 years old, is not of legal competence or of sound mind; or
who resides in any country where such distribution or use would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject.

We may, at our sole discretion and judgment, refuse to allow you to register an account on the Website.

Errors

We shall take all reasonable efforts to accurately reflect the description, availability and purchase price of the products, goods or services to you on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Third Party Vendor’s returns policy. UBU shall not be bound by any incorrect information regarding products, goods or services displayed on any third party websites.

Privacy

We respect your privacy and will take reasonable measures to protect it. By entering any and all personal information on this website, registering with the website, creating an account, making a purchase or by accepting this agreement, you consent to the processing of your personal information by UBU in terms of the Protection of Personal Information Act. Please read our Privacy Policy and Website Terms and Conditions for further information on this subject.

Changes to these Terms and Conditions

We may, at our sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Records

UBU’s records, unless proven to be wrong, will be evidence of your dealings with UBU and Third Party Vendors in connection with the Website. You will not:

rely on UBU or any Third Party Vendor to comply with your record keeping obligations, although records may be made available to you on request within the requirements of applicable law or UBU’s discretion;
object to the admission of our records as evidence in any legal or regulatory proceedings because such records are not originals or are documents produced by a computer.

Merchant of record

UBU is the merchant of record and responsible for the fulfilment of the transaction whereby you purchase UBUs or the UBU voucher only. UBU is not the merchant of record nor responsible for the fulfilment of the transaction concluded between you and the Third Party Vendor. The agreement of sale formed on acceptance of your order for products, goods or services is therefore solely between you as the Registered User and such Third Party Vendor. UBU is not a party to the sale.

Ownership and copyright

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content“) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of UBU, its advertisers and/or sponsors and/or is licensed to UBU. You will not acquire any right, title or interest in or to the Website or the Website Content. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content kindly contact us. Where any of the Website Content has been licensed to UBU or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

Disclaimer

The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website. Whilst UBU takes reasonable measures to ensure that the content of the Website is accurate and complete, UBU makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by UBU’s representatives, UBU shall not be bound thereby. UBU, specifically, does not warrant that:

the Website will meet your requirements;
your equipment, software and communication connections will be compatible with the hardware and software we employ to provide the Website;
the use of the Website will be uninterrupted, secure or error free;
we will be able to prevent third party disruptions of and to the operation of the Website;
errors will be corrected on the Website.

With respect to any data or information that UBU or any Third Party Vendor provides to you in connection with your use of the Website, for example, the quantity of UBUs contained in your UBU Wallet, UBU and any such Third Party are not responsible or liable:

if any such data or information is inaccurate or incomplete in any respect; or
for any actions that you take or do not take based on such information or data.

UBU disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law. Any views or statements made or expressed on the Website are not necessarily the views of UBU, its directors, employees and/or agents. In addition to the disclaimers contained elsewhere in these Terms and Conditions, UBU also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of UBU, its employees, agents or authorised representatives. UBU thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

Limitation of liability

UBU cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices or descriptions displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of UBU, its employees, agents or authorised representatives. UBU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE. YOU HEREBY INDEMNIFY UBU AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

Availability and termination

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you. UBU makes no express or implied representation or warranty:

that the Website will be available for access at all times, or at any time on a continuous uninterrupted basis;
as to the operation, quality or functionality of the Website;
that the Website will be free of errors or defects; and
that the Website is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property.

UBU may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that UBU will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible. If you fail to comply with your obligations under these Terms and Conditions, this may (in UBU’s sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you. UBU is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of the Website, system, a promotion or Coupon to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any transaction concluded between you and UBU or you and a Third Party Vendor, in whole or in part, on notice to you. UBU shall not be liable to refund anything, fiat monies or otherwise, already paid by you (see the Third Party Vendor’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order. At any time, you can choose to stop using the Website, with or without notice to UBU.

Governing law and jurisdiction

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions. In the event of any dispute arising between you and UBU, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court. Nothing in this Agreement or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction.

Notices

UBU hereby selects Gottschalk Attorneys, Building 1, 152 Bryanston Drive, Bryanston, Johannesburg, South Africa, 2191, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address“). UBU may change this address from time to time by updating these Terms and Conditions. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

by hand, will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
by email, will be deemed to have been received on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

Information

For the purposes of the Electronic Communications Act 25 of 2002, UBU’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

Full name: UBU South Africa (Pty) Ltd, a private company registered in South Africa with registration number 2019/396459/07
Main business: Marketing and Advertising
Physical address for receipt of legal service (also postal and street address): Building 1, 152 Bryanston Drive, Bryanston Johannesburg, South Africa, 2192 (marked for attention: Gottschalk Attorneys)
Office bearers: Gottschalk Attorneys
Phone number: +27 64 815 9876
Email address: info@ubuinternational.com
Website: https://www.ubuinternational.com/

General

UBU, in its sole discretion, at any time and for any reason and without prior written notice, may suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party. Any failure on the part of you or UBU to enforce any right in terms hereof shall not constitute a waiver of that right. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto. No indulgence, extension of time, relaxation or latitude which any party (the “grantor“) may show grant or allow to the other (the “grantee“) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future. These Terms and Conditions, read together with other terms and conditions as published on the Website from time to time, contain the whole agreement between you and UBU and no other warranty or undertaking is valid unless contained in this document between the parties.

Vendor Terms & Conditions

UBU SOUTH AFRICA (PTY) LTD VENDOR TERMS AND CONDITIONS incorporating VENDOR AGREEMENT PLEASE NOTE THAT by making use of UBU South Africa (Pty) Ltd services and/or by registering an account ubuinternational.com and/or related or associated mobi-sites and software applications or any associated websites or mobile applications, you agree that you have read, understood and accepted all of the terms and conditions displayed on our website, including these Terms and Conditions as well as our Privacy Policy. PLEASE NOTE FURTHER THAT if you have not read, understood or agreed with the Terms and Conditions, as published on our website from time to time, you MUST immediately refrain from accessing and/or using and/or posting www.ubuinternational.com and/or related mobi-sites and software applications. Should you be unable to understand the contents of these Terms and Conditions or any other terms and conditions published on our site or have any queries please contact us on support@ubuinternational.com.

Introduction

This website can be accessed at ubuinternational.com and at related or associated mobi-sites, mobile applications and software applications (the “Website”) and is owned by and operated by UBU South Africa (Proprietary) Limited (“UBU”, “we”, “us” and “our”). The terms and conditions as contained in this Vendor Agreement (“Terms and Conditions”), together with our Website Terms and Conditions govern:

the use of any associated mobile applications;
the relationship between users and Third Party Vendors; and
the exchange of the UBU voucher (“UBUs”).

The Website enables you to:

exchange UBUs for goods, products or services;
exchange UBUs for Fiat; and
list your company in our vendor directory.

We allow individuals to register as citizens with us in order to view our vendor directory list which can be accessed through the Website (each a “Citizen”). The purpose of the vendor directory list is to indicate to the user, which third parties may accept UBUs (the UBU voucher) in exchange for products, goods or services. All products, goods and services displayed on the Website are offered by a Third Party Vendor. No products, goods or services are offered by us in the capacity of a vendor. We merely provide a vendor directory list to Citizens.

Application

These Terms and Conditions, read together with any other terms and conditions published on our Website from time to time apply to any and all Third Party Vendors of the Website. These Terms and Conditions apply to any and all electronic transactions facilitated through the use of the Website which is concluded between Third Party Vendors and any other person.

Binding Effect

These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website as a Third Party Vendor (“you”, “your” or “Third Party Vendor”), including without limitation each user who registers as contemplated below (“Registered Vendor” or “Third Party Vendor”). A certificate (letter) signed by the administrator of this website is prima facie proof of the date and content of the latest, and any previous, versions of these Terms and Conditions and other Terms and Conditions published on this website from time to time. By using the Website and by clicking on the “Register” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions. PLEASE NOTE THAT for each service and product we offer, separate terms and conditions apply. If there is any difference between these Terms and Conditions and the specific terms and conditions of any service or product, those specific terms and conditions will apply.

Important Notice

These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

may limit the risk or liability of UBU or a third party; and/or
may create risk or liability for the Third Party Vendor; and/or
may compel the Third Party Vendor to indemnify UBU or a third party; and/or
serves as an acknowledgement, by the Third Party Vendor, of a fact.

Your attention is drawn to these terms and conditions because they are important and should be carefully noted. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask UBU to explain it to you before you:

accept these Terms and Conditions;
list as a vendor on our vendor directory;
accept any other terms and conditions related to the Website; or
continue using the Website.

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or UBU in terms of the Consumer Protection Act. UBU only permits the use of this Website by Third Party Vendors subject to these Terms and Conditions and any other applicable terms and conditions as published on our site from time to time. By using this Website in any way, you shall be deemed to have accepted all these Terms and Conditions unconditionally. You must not use this Website as a Third Party Vendor if you do not agree to these Terms and Conditions and Website Terms and Conditions and our Privacy Policy.

Registration on the Website

Only Registered Vendors may publish, post or offer products, goods or services on or to the Website. Only Registered Vendors may be listed in our vendor directory as published on our Website. To register as a Vendor, you must provide your vendor name, physical address, contact number, email address, bank account details, company registration number and password and provide certain information and personal details to UBU. You will need to use your email address and password to access the Website in order to list on our vendor directory. You agree and warrant that your email address and password jointly shall:

be used for its intended use only; and
not be disclosed by you to any third party.

For security purposes you agree to enter the correct email address and password whenever publishing or on the Website, failing which you will be denied access. You agree that, once the email address and password relating to your Vendor Account have been entered, irrespective of whether the use of the email address and password is unauthorised or fraudulent, you shall be liable for all activity associated therewith. You agree to notify UBU immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your Vendor Account and to take steps to mitigate any resultant loss or harm. By using the Website as a Third Party Vendor, you warrant that:

you are 18 (eighteen) years of age or older; and
of full legal capacity.

If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may NOT use the Website as a Third Party Vendor.

Use of the Website

You may list yourself as a Third Party Vendor in our vendor directory as published on the Website. Third Party Vendors listed in our vendor directory must accept UBUs in exchange for products, goods or services. All goods, products or services available in your store and/or catalogue and/or product offering and/or service offering must be available for exchange by Citizens in UBUs. Such exchange must consist of UBUs only and no fiat amount should be included. This means that you must accept UBUs in exchange for any goods, products or services offered by you.

Restriction on use of the Website

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained therein, without the prior written consent from us. You may not at any time attempt or actually alter, reverse-engineer, modify, circumvent, amend, tamper with or change any part of the Website and/or any security features of the Website. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised UBU representative. You agree not to:

use the Website for illegal or inappropriate purposes;
interfere with or disrupt the proper operation of the Website;
attempt to gain unauthorised access to the Website, system or any other part of the Website you do not have access rights to;
convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature.

UBU may, at its sole discretion refuse to allow you to register an account on the Website.

The Branded Wallet Powered by UBU (“UBU Vendor Wallet”)

You may use the UBU Vendor Wallet to:

receive and/or hold UBUs; and
facilitate transactions with Citizens.

In terms of:

deposits into your UBU Vendor Wallet:

UBU, in its sole discretion, has the right to accept or reverse or temporarily withhold any deposit request;
UBU will credit your UBU Wallet with the relevant amount of UBUs on completion of the relevant transaction;

withdrawals or Payout Requests from your UBU Wallet:

UBU, in its sole discretion, has the right to accept or reverse or temporarily withhold your withdrawal request or Payout Request;
UBU may immediately debit your UBU Wallet when:
- a withdrawal is authorised by you; or
- a Payout Request is submitted by you.

UBU does not guarantee, represent, warrant or hold out that, despite any account verification or credit checks we may have undertaken, we can confirm any matters relating to any credit card details supplied by the Citizen or Vendor under this agreement, including but not limited to:

credit card details of either party are correct;
credit limits have not been exceeded;
the credit card has not been reported stolen or cloned;
the party is authorised to make use of the credit card; or
the credit card is otherwise being lawfully used.

You acknowledge and agree that your use of the UBU Vendor Wallet and/or functionality of the UBU Vendor Wallet may be limited and/or restricted by UBU:

due to any Website limitations from time to time;
if UBU determines that you must complete any further verification procedures; or
if, at UBU’s sole discretion, it believes you are using the UBU Vendor Wallet for inappropriate purposes or in contravention to any of the terms and conditions of the Website.

Restriction on goods, products or services you may offer

The followings goods, products or services may not be offered through or on the Website:

Blood, Bodily Fluids and Body Parts;
Burglary Tools;
Counterfeit Products, replicas or knock-off brand name goods;
Embargoed Goods;
Endangered or protected species, or any part of any endangered or protected species;
Escort services or similar services which offer or indicate sexual services;
Fireworks, destructive devices or explosives;
Government and transit badges, uniforms, Identification Documents or licenses;
Hazardous material, including but not limited to radioactive, toxic and explosive materials;
Identity documents, personal financial records or personal information;
Illegal drugs, controlled substances, substances and items used to manufacture controlled substances, drugs or drug paraphernalia;
Any illegal items and services;
Illegal telecommunication and electronics equipment such as access cards, password sniffers, radar scanners, traffic signal control devices or cable descramblers;
Items issued to any Armed Force that have not been disposed of in accordance with that country’s demilitarisation policies;
Items which encourage or facilitate illegal activity;
Material that is obscene, pornographic, adult in nature or harmful to minors;
Material that infringes copyright, including but not limited to software or other digital goods which you are not authorised to sell;
Modded consoles or services;
Personal information or mailing lists;
Selling or offering services for scheduled pharmaceuticals;
Offensive material;
Asbestos-based products;
Pictures or images that contain nudity;
Plants and insects that are restricted or regulated;
Prostitution or any similar offer of sex, sexual favour or sexual actions;
South African fossils;
Stolen products;
Tobacco products, including but not limited to e-cigarettes;
Un-cut/un-polished diamonds and/or precious stones;
Unwrought gold and platinum;
Loose diamonds without appropriate certificates;
Used cosmetics;
Used or rebuilt batteries containing mercury;
Watermarked or copyrighted images that you do not have authority to use; and
Weapons and related items, including but not limited to firearms, firearm accessories, parts and magazines, ammunition, BB, pellet and airsoft guns, tear gas, tasers, stun guns, switchblade knives, martial arts weapons, archery and/or bow equipment.

If you offer any of the above mentioned items for sale or exchange in the ordinary course of your business you are not entitled to register as a Third Party Vendor and are hereby prohibited from doing so. It is your responsibility, as a Third Party Vendor, to ensure that before offering any goods, products or services through or on the Website it is not an infringement of these Terms and Conditions.

Conclusion of sales

Citizens may approach you to exchange UBUs for products, goods or services, which you may accept or reject. NOTE: as a Third Party Vendor, you must indicate acceptance of the order by delivering the good, product or service to the Citizen or allowing the Citizen to collect them, and only at that point will an agreement of sale between the Citizen and you come into effect (the “Sale”). This is regardless of any communication from UBU stating that the order or payment has been confirmed. When claiming that a sale has been concluded, you warrant to us that:

you have supplied the goods and/or services to the value stated;
no fictitious and/or fraudulent sales were processed by you to increase your cash flow;
the transaction is not illegal or otherwise in contravention of this agreement;
the transaction has been authorised by the relevant user/citizen;
there has been due compliance will all the Terms and Conditions; and
you indemnify UBU against any claim or liability that may arise from a sale dispute where such a claim or liability is directly or indirectly due to a negligent act or omission by you.

After delivery or collection of the goods, products or services the Citizen may return the goods, products or services only in accordance with your Returns Policy and applicable legislation (please see “Returns”). UBU only offers Goods that are for sale by Third Party Vendors. UBU only provides the platform to facilitate transactions between Third Party Vendors and Citizens. UBU is neither the buyer nor the seller of these Goods, unless otherwise specified. The Sale formed on acceptance of the Citizens order is therefore solely between the Citizen as the registered User and you as the Third Party Vendor and Registered Vendor. UBU IS NOT A PARTY TO SUCH A SALE. UBU is not the merchant of record nor responsible for the fulfilment of the transaction concluded between you and the Citizen. You, as the Third Party Vendor, are solely responsible for fulfilment of delivery of any products, goods or services. You are also responsible to provide an invoice to the registered user if required. UBU disclaims any and all liability, including express or implied warranties, whether oral or written, for the goods, products or services provided by you. YOU, AS THE REGISTERED VENDOR AND THIRD PARTY VENDOR, ACKNOWLEDGE THAT NO REPRESENTATION HAS BEEN MADE BY UBU AS TO THE FITNESS OF THE GOODS, PRODUCTS OR SERVICES OFFERED BY YOU FOR THE CITIZEN’S INTENDED PURPOSE. UBU ASSUMES NO RESPONSIBILITY FOR PRODUCTS OFFERED AND/OR SOLD BY THIRD PARTY VENDORS. The Citizen’s dealings with any Third Party Vendor mentioned on or found on the Website are solely between the Citizen and such Third Party Vendor, and are subject to any terms, conditions, privacy policies, warranties or representations associated with such dealings. The Citizen’s dealings with a Third Party Vendor are at the Citizen’s and Third Party Vendor’s sole risk and, as set forth above, are without warranties or legal liability of any kind on the part of UBU. Only Third Party Vendors who are registered VAT vendors may charge VAT on goods, products or services sold and issue a tax invoice in respect thereof. If you are not a registered VAT Vendor, you may not charge VAT on goods, products or services sold.

Availability of stock

You must take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. UBU, does not and cannot guarantee the availability of stock. When goods, products or services are no longer available after a Citizen has placed an order, it is your obligation, as the Third Party Vendor, to notify the Citizen and the Citizen will be entitled to a refund of any UBUs already paid by him/her for such goods, products or services. UBU relies on inventory information supplied by you as the Third Party Vendor and UBU accordingly bears no liability for any inaccuracies in the information supplied to it. You are solely responsible for all information that you submit to the Website and any consequences that may result therefrom. Consequently, should any Citizen order any goods, products or services from you, which are in fact sold-out or no longer available, any resulting dispute should be resolved between the Citizen and you as the Third Party Vendor.

What are UBUs or the UBU Voucher

The Website allows Citizens to purchase the UBU vouchers or “UBUs”, in exchange for South African Rands at the rate published on the Website from time to time. UBUs are an electronic voucher which may be redeemed with Third Party Vendors listed in our vendor directory. UBUs or the UBU voucher means a voucher credit balance which is represented electronically, denominated in South African Rand (ZAR). UBUs ARE NOT REFUNDABLE. UBUs, once loaded to a UBU Wallet are non-transferable, non-refundable, non-returnable and may not be redeemed for cash. UBUs are a digital voucher which equates to cash, accordingly if UBUs are lost, stolen or sent to the incorrect person it is the Citizen’s responsibility and we will not be liable for any loss suffered.

Payment by Users or Citizens

Payment for the Goods can only be made with UBUs via the Website. Any transaction which requires payment of fiat money or South African Rands is solely at the instance and request of you, UBU not being a party thereto and taking no responsibility therefore. You hereby agree to accept UBUs as an electronic voucher and legal tender. You acknowledge that UBU is not a bank and that it is not acting as a trustee, fiduciary or escrow agent with respect your funds, but is only acting as the voucher issuer. UBU shall not be liable for any fraud, deception or misrepresentation by Citizens or Third Party Vendors in any capacity whatsoever.

Delivery of goods

We do not offer delivery of goods, products or services to Citizens. Citizens may elect to take a delivery option provided by you at his/her own risk. Where you accept a Citizen’s delivery request, you will deliver the goods, products or services to the Citizen as soon as reasonably possible, but no later than 30 (thirty) business days of receipt of payment (“Delivery Period”). You must notify the Citizen if you are unable to deliver the goods, products or services during the Delivery Period.

Returns

All Third Party Vendors must publish a returns policy for access by users of the Website. Such published policy must contain information about returning products (and related refunds, replacements or repairs). The relevant Third Party Vendor’s returns policy is incorporated by reference (which means that it forms part of these Terms and Conditions). UBU takes no responsibility or liability for the return of any products, goods or services, the Third Party Vendor accepts all responsibility and liability with regards to returns of any products, goods or services it may have offered on or through the Website. You, as a Third Party Vendor, agree to comply with all provisions of the Consumer Protection Act, 68 of 2008, as they are applicable to you.

User / Citizen Discounts

In order to make use of the Website, unless a separate agreement is reached with us, you are required to provision up to a 10% (ten per cent) user/citizen discount on each transaction (“User Discount”). Such a discount is to be calculated on the basis of the normally listed price of the good, product or service. You are entitled, at your independent election and decision, to increase the User Discount to an amount in excess of 10% (ten per cent), on condition that such increased amount is lawful and does not amount to anti-competitive behaviour. The User Discount is allocated to the user/citizen on each transaction in the form of a “UBU Cashbacks” reward and is allocated in UBUs. For clarity, the following is an example of such a User Discount:

If the Third Party Vendor is offering a Good for sale at the value of 100 UBUs or R100.00, then 10 of those UBUs or R10.00 (10%) are to be credited to the user/citizen in the form of a UBU Cashbacks reward.
The User Discount will be accounted for in the Transaction Fee charged to the Third Party Vendor for each successfully completed transaction, as detailed below.

Transaction Fees

We will charge you as the Third Party Vendor, a fee for the use of the Website in the form of a fee per transaction (“Platform Fee”). UBU, unless a separate agreement is concluded, charges a Platform Fee that amounts to a total of 10% (ten per cent) of the total transaction value on each transaction. The total transaction fees charged by UBU to the Third Party Vendor may amount up to 20% of the total transaction value, constituted of the:

10% User Discount; and
10% Platform Fee;

together the “Transaction Fee”. The Transaction Fee is due and owing to UBU by you immediately upon conclusion of the electronic transaction. You hereby authorise UBU to automatically deduct the Transaction Fee due to it on conclusion of the electronic transaction by you with the Citizen. UBU, unless a separate agreement is concluded, does not charge a set-up or monthly fee. You agree to pay UBU the Transaction Fee as published from time to time on the Website.

Payout Requests

In order for you to convert the UBUs in your wallet to fiat, UBU is required to transfer funds to your nominated bank account in the form of a deposit (“Payout”). In order for UBU to make payment to you, the process as depicted in your vendor dashboard must be followed (“Payout Request”). Each Payout Request will incur a fee of R10.00, payable to UBU. Such fee will be automatically deducted from the amount paid to you on your Payout Request. Payout Failures

If your bank account cannot receive a Payout for any reason and your bank returns the funds to UBU, it can take up to 5 (five) business days for your bank to return the Payout to UBU and inform UBU that it has failed.
Should a Payout failure occur you will be notified by email/dashboard and you are requested to submit a new Payout Request.

UBU reserves the right to hold funds beyond the normal payout distribution period detailed above, if it deems, at its sole discretion, that a transaction is suspicious or in contravention of these Terms and Conditions. UBU is entitled to, at any time, claim back funds from a Third Party Vendor which were deemed, or shown to be, as the result of a fraudulent transaction. You, as the Third Party Vendor, give UBU the right to debit the funds directly from your Vendor Wallet or against your designated bank account directly, should the funds in your Vendor Wallet be insufficient.

Errors

We shall take all reasonable efforts to accurately reflect the description, availability and purchase price of the products, goods or services offered by you on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in your returns policy. UBU shall not be bound by any incorrect information regarding products, goods or services displayed on any third party websites.

Privacy policy

We respect our Citizen’s privacy and will take reasonable measures to protect it. We also respect your privacy and will take reasonable measures to protect it. By entering any and all personal information on this website, registering with the website, creating an account, making a purchase or by accepting this agreement, you consent to the processing of your personal information by UBU in terms of the Protection of Personal Information Act. You are expected to familiarise yourself with our Privacy Policy and Website Terms and Conditions and ensure compliance, as far as reasonably possible, with such terms and conditions.

Changes to these Terms and Conditions

We may, at our sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Records

UBU’s records, unless proven to be wrong, will be evidence of your dealings with UBU and Citizens in connection with the Website. You will not:

rely on UBU or any Citizen to comply with your record keeping obligations, although records may be made available to you on request within the requirements of an applicable law or UBU’s discretion;
object to the admission of our records as evidence in any legal or regulatory proceedings because such records are not originals or are documents produced by a computer.

Third Party Copyright and Trademark Material

Third Party Copyright and Trademark Material refers to copyright and trademark works created by someone other than yourself. It includes text, logos, images and graphs. You are obligated and responsible for identifying the relevant copyright and trademark holders’ identity for each and every piece of Third Party Copyright and Trademark Material you intend to make use of and to secure permission to make use of such material. UBU retains the right to request from you, the documentation proving your permission to use a particular piece of Third Party Copyright and Trademark Material. Should you be unable to provide such documentation within 5 (five) business days of UBU’s request, UBU may immediately, at its sole discretion, remove or suspend your post.

Ownership and copyright

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of UBU, its advertisers and/or sponsors and/or is licensed to UBU. You will not acquire any right, title or interest in or to the Website or the Website Content. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content kindly contact us. Where any of the Website Content has been licensed to UBU or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

Disclaimer

The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website. Whilst UBU takes reasonable measures to ensure that the content of the Website is accurate and complete, UBU makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by UBU’s representatives, UBU shall not be bound thereby. UBU, specifically, does not warrant that:

the Website will meet your requirements;
your equipment, software and communication connections will be compatible with the hardware and software we employ to provide the Website;
the use of the Website will be uninterrupted, secure or error free;
we will be able to prevent third party disruptions of and to the operation of the Website; or
errors will be corrected on the Website.

if any such data or information is inaccurate or incomplete in any respect; or
for any actions that you take or do not take based on such information or data.

Limitation of liability

Availability and termination

that the Website will be available for access at all times, or at any time on a continuous uninterrupted basis;
as to the operation, quality or functionality of the Website;
that the Website will be free of errors or defects; and
that the Website is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property.

UBU may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that UBU will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible. If you fail to comply with your obligations under these Terms and Conditions, this may (in UBU’s sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you. UBU is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of the Website, system, a promotion or Coupon, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any transaction concluded between you and UBU or you and a Third Party Vendor, in whole or in part, on notice to you. UBU shall not be liable to refund anything, fiat monies or otherwise, already paid by a Citizen, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order. At any time, you can choose to stop using the Website, with or without notice to UBU. UBU MAY AT ANY TIME AND IN ITS SOLE DISCRETION REMOVE ANY POSTING BY A THIRD PARTY VENDOR WHICH IT BELIEVES TO BE AN INFRINGEMENT OF THESE TERMS AND CONDITIONS.

Governing law and jurisdiction

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions. In the event of any dispute arising between you and UBU, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court. Nothing in this Agreement or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction.

Notices

UBU hereby selects Gottschalk Attorneys, Building 1, 152 Bryanston Drive, Bryanston, Johannesburg, South Africa, 2191, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). UBU may change this address from time to time by updating these Terms and Conditions. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

by hand, will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
by email, will be deemed to have been received on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

Information

Full name: UBU South Africa (Pty) Ltd, a private company registered in South Africa with registration number 2019/396459/07
Main business: Marketing and Advertising
Physical address for receipt of legal service (also postal and street address): Building 1, 152 Bryanston Drive, Bryanston Johannesburg, South Africa, 2192 (marked for attention: Gottschalk Attorneys)
Office bearers: Gottschalk Attorneys
Phone number: +27 64 815 9876
Email address: info@ubuinternational.com
Website: https://www.ubuinternational.com/

General

UBU, in its sole discretion, at any time and for any reason and without prior written notice, may suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party. Any failure on the part of you or UBU to enforce any right in terms hereof shall not constitute a waiver of that right. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future. These Terms and Conditions, read together with other terms and conditions as published on the Website from time to time, contain the whole agreement between you and UBU and no other warranty or undertaking is valid unless contained in this document between the parties.

Cashbacks Terms & Conditions

UBU SOUTH AFRICA (PTY) LTD UBU CASHBACKS TERMS AND CONDITIONS The UBU Cashbacks Rewards programme (“the programme“) is a programme owned, operated and managed by us. These Terms and Conditions are to be read together with all other terms and conditions published on our website from time to time. All applicable terms and conditions being binding on you. By participating in the programme you admit and acknowledge that you have read and understood these Terms and Conditions and those terms and conditions as referred to above and that you have consented to us sharing certain of your personal information to our third-party service providers in the ordinary course of business.

Definitions

The following terms will have the meaning assigned to them hereunder and cognate expression will have corresponding meanings:

*“UBU Account”*	means the citizen wallet opened by us in the name of you
*“Transaction”*	means the commercial transaction, including the payment for goods and services related to your UBU Account
*“Earn Rate”*	means the number of UBU Cashbacks you will earn per unit of eligible spend, as specified by us from time to time
*“Eligible Spend”*	means all spend locally (within the borders of the Republic of South Africa), excluding tips and delivery fee from your UBU Account
*“UBU Cashbacks”*	means the points earned and spent by you in accordance with the programme, the value of which will be determined by us from time to time, which points may be redeemed within the UBU Ecosystem
*“Spend Partner”*	means an institution that we have contracted with to provide you with goods and/or services within the UBU Ecosystem, commonly referred to as merchants, suppliers or vendors
*“the programme”*	means the programme for which you enrolled in terms of which you earn UBU Cashbacks
*“We”, “us”* and “our”	means UBU South Africa (Pty) Ltd, a private company registered in South Africa with registration number 2019/396459/07
*“UBU Ecosystem”*	means the various mobile white label applications, known as vendor or node wallets, and vendor pages as published on any such mobile white label applications, together as a whole

Who can join?

Anyone can join, who:

has a legitimate account with us; and
whose account is in good standing.

Earning of UBU Cashbacks

You earn UBU Cashbacks by concluding a Transaction with a Spend Partner. Your UBU Cashbacks will be calculated daily according to your Eligible Spend and be credited to your UBU Account. We may, at our sole discretion, determine the Earn Rate which may change from time to time. We will provide you with notice of any changes within a reasonable time of effecting such changes. You may never have a debit balance of UBU Cashbacks. This means that you may never spend more UBU Cashbacks than are in your UBU Account. We reserve the right to debit your UBU Account with the relevant UBU Cashbacks if a Transaction is cancelled or reversed for any reason. You will not earn any UBU Cashbacks whilst your UBU Account is suspended, dormant or has a legal or fraud status.

What can I use my UBU Cashbacks for?

UBU Cashbacks can be redeemed at any Spend Partner within the UBU Ecosystem. UBU Cashbacks may not be sold, issued, exchanged, bartered or redeemed for cash with any party other than a Spend Partner. A request to redeem UBU Cashbacks is irrevocable and cannot be cancelled or amended once the redemption request has been made. Apart from the fact that it is possible to link an instruction to a specific UBU Account, it is not possible to verify the actual originator, and you therefore authorize us to action any instruction purporting to originate from you, even if transpires that both you and us have been defrauded by someone else, unless you have informed us to the contrary prior to us actioning the Transaction. The redemption of UBU Cashbacks for goods and/or services is always subject to the availability of such goods and/or services on the date desired and as determined by the Spend Partner. Your UBU Cashbacks may never expire, as long as your UBU Account is active and in good standing. If UBU Cashbacks accrue to a business (juristic entity) and not an individual, only the duly authorized representative of the business may redeem UBU Cashbacks. You do not have the right to stop any payment we are making or which we are about to make to a Spend Partner, in respect of any transaction, nor will you have the right to instruct us to reverse a payment that has already been made, except as may be provided otherwise in statute.

What does “Lifetime Cashbacks” mean?

UBU Lifetime Cashbacks is the total number of UBU Cashbacks earned by you whilst enrolled in the programme. It does not account for the UBU Cashbacks redeemed by you with our Spend Partners. It simply represents the total sum of UBU Cashbacks earned and is provided for your information only and should not be relied on in any way. It does not represent the number of UBU Cashbacks available to you.

Fees and charges

No interest will accrue on your UBU Cashbacks. The following fees may be debited against your UBU Account:

any taxes, surcharges, cancellation fees or any other charges related to a transaction arising from your participation in the programme;
any amount relating to delivery charges that arise from any UBU Cashbacks that you may redeem; and
the value of UBU Cashbacks in rand that you may have obtained as a result of fraud or misconduct or that was not intended to accrue to you.

We will, at our sole discretion, determine the amount and the frequency of any fee such as a once-off enrolment fee, transfer fee or reopening fee.

Cancellation, termination and dormancy of UBU Account

By giving you written notice, we may at any time and for any reason end your participation in the programme, in which case you will have 30 (thirty) calendar days to spend your UBU Cashbacks unless your UBU Account became dormant or we believed your behaviour was inappropriate or constituted misconduct, or you breached these Terms and Conditions or any other terms and conditions as published on our website from time to time. Termination will not affect any instruction given to us and not yet carried out, unless a fraudulent transaction was concluded by you, in which event you will immediately forfeit your UBU Cashbacks. We will not be held liable for any damage suffered by you or any third party as a result of the termination of your participation in the programme. If you close your UBU Account, you will forfeit all your UBU Cashbacks immediately. In the case of death, insolvency or liquidation your UBU Cashbacks will have no value and expire.

Spend Partners

Spend Partners are not our agents. If there are any claims or disputes between you and a Spend Partner in respect of the nature, quality or quantity of any goods or services you obtained from the Spend Partner or in respect of any other matter or thing, our rights to receive payment from you will not be affected in any way nor will it give anyone a right of setoff or counterclaim against us. You hereby acknowledge that the Spend Partner is not our agent. If you do not receive merchandise you paid for or the services you paid for were not rendered, you must contact the Spend Partner directly to attempt to resolve the dispute. Disputes between you and the Spend Partner do not give you a right to chargeback the disputed transactions. You may contact the client service call centre and we will provide you with any transaction information we may have. If a Spend Partner gives you a refund, it will be credited to your UBU Account only once we have received a properly issued credit voucher from the Spend Partner.

Liability and Indemnity

We are committed to ensuring online transactions are secure and we are entitled to investigate any loss suffered by you that allegedly occurred as a result of fraud through our website or UBU Ecosystem. You must keep your PIN and UBU Account confidential. If you compromise this information, we will not be liable for any loss or damage suffered by you. You carry all risk for any fraud and losses that occur with a Spend Partner. We will incur no liability if a dispute arises between you and a Spend Partner in respect of goods and services purchased. You acknowledge that none of the Spend Partners are our agents. By redeeming your UBU Cashbacks you release us from any liability to you. We are not liable for any loss or damage suffered by you as a result of us carrying out your instruction unless such loss or damage arises from our gross negligence or intentional misconduct. If there is any loss of connectivity between us and you, including unavailability of the programme, for any technical reason that is beyond our control, we will not be liable to you. We are not liable for any acts or omissions by third parties, including telephone and internet service providers and Spend Partners. We will under no circumstances be liable for any consequential, incidental, special or direct loss or damage resulting from these terms and conditions or your participation in the programme. We will not be liable to you for any damage or loss that you suffer if any person gains unauthorized access to your UBU Account or any information in respect thereof.