These Terms and Conditions govern the access to and use of the Services provided by MSD. By using or accessing the Services, You, the user, agree that You have read these Terms and Conditions, that You understand them and that You agree to be bound by them. These Terms and Conditions are available on www.vmoola.mobi or You may call the Customer Care Centre, to access these Terms and Conditions. Please read these Terms and Conditions carefully before completing the registration process for the Services. If You do not agree to any or all of the Terms and Conditions You must not access or use the Services. By accessing and/or Using the Services, You represent and warrant that You are over the age of 18 and are lawfully able to accept these Terms and Conditions. In these Terms and Conditions unless a contrary intention clearly appears words importing any one gender include the other two genders.

The following definitions relate to these Terms and Conditions:

2.1. “Account” means Your account with vMOOLA, which is the record kept by MSD of the amount of money held in Your vMOOLA account by You for purposes of using the Services;
2.2. "MSD", “ We”, “Us” or “Our” means Max Speed Digital (Proprietary) Limited (Registration Number: 2011/115248/07);
2.3 “Account Distributor(s)” means a person or entity that has entered into a contract with MSD in terms of which they are permitted to register account holders and allow them access to the Services and other products and services that the account Distributor(s) may offer its account holders from time to time;
2.4 “Account Holder” means a person in whose name an Account for the Service is registered, and for the avoidance of doubt, includes “You”;
2.5. “Customer Care Centre” means the National vMOOLA Customer Care Centre, contactable at 0861 666 520 or such other number as will be made available on www.vmoola.mobi from time to time. Calls to the Customer Call Centre will be charged at regular cell phone rates or fixed line rates;
2.6. “Designated Person” means any person (including, but not limited to, Yourself or another account Holder) who is chosen by You through the Service to receive the Product Vouchers paid for from Your vMOOLA Account;
2.7. “vMOOLA Account” means the vMOOLA Solution owned operated by MSD, through which You can access and/or use the Services;
2.8. “vMOOLA Bank Account” means the following bank account or such other bank account as may be notified to You from time to time, into which all deposits are to be made by the account Holder:

EFT Payment(s)
Account Name: ACS Wallet Pool
Bank Name: ABSA Bank
Account Number: 407 868 7127
Branch Code: 632005
Reference: Your Mobile Phone Number

ABSA ATM/Branch Cash Deposit(s)
Account Name: ACS Wallet Pool
Bank Name: ABSA Bank
Account Number: 407 868 7127
Branch Code: 632005
Reference: Your Mobile Phone Number

2.9. “Service/s” means the vMOOLA account services provided by Us for the sale, issue and redemption of Product Vouchers and the transfer of Product Vouchers between account Holders and/or Designated Persons and includes the recording of all Transactions, verifying and confirming all Transactions concluded and updating the account Holder’s Account records;
2.10. “Fees and Charges” means actual charges and/or costs payable by the account Holder and/or deductible from the account Holder’s Account balance for the use of the Service, and as set out in the Fees and Charges section which is published on www.vmoola.mobi and available from 0861 666 520 as updated and amended by Us from time to time in Our sole and absolute discretion;
2.11. “Goods and Services” means such goods and services as may be purchased by the account Holder from vMOOLA Utilities through the use of the Service from time to time;
2.12. “Mobile Equipment” means Your Mobile Phone and/or SIM Card and/or such other equipment which, when used together, allows You access to the Service and, in each such case, is approved for use within the Republic of South Africa by the relevant authority/ies;
2.13. “Mobile Phone” means Your mobile phone handset;
2.14. “Mobile Phone Number” means the mobile telephone number which You used to register Your Account;
2.15. “Networks” mean the Global System for Mobile telecommunication systems operated by Network Service Providers and covering those areas within the Republic of South Africa as stipulated from time to time by the Network Service Providers;
2.16. “Network Service Provider” means a provider of mobile phone services;
2.17. “PIN” means the six digit numeric secret password or code allocated to You by Us upon Your registration for the Services and delivered to You by SMS to Your Mobile Phone Number;
2.18. "Parties" means MSD and the account Holder, and “Party” means either of them as the context requires;
2.19. “Payments” means money paid out of Your Account to a vMOOLA Utilities Account for the purchase of Product Vouchers for Goods and Services from time to time;
2.20. “Product Voucher/s” means, in relation to the Goods and Services provided by Us on behalf of the vMOOLA Utilities from time to time, as the context requires:
2.20.1. a digital or physical sequence of digits that represents a volume of electrical power that can be used at a specific address (generated by using a set of keys and algorithm issued by a local, regional or national electricity distributor); or
2.20.2. a digital or physical sequence of digits that represents units of time that can be loaded onto a communication account such as a mobile or fixed line telephone issued by the operator of a communication network; or
2.20.3. any other digital or physical sequence of digits or voucher for any product offering that may form part of the Goods and Services offered by Us or which may form part of additional products and services offered by a account Distributor through the Service;
2.21. “Registration Form” means the registration form that was completed by You, either in paper form, or electronically (including electronic forms that may have been made available on a touch-screen device and / or on www.vmoola.mobi or on a account Distributor’s website, for purposes of registering for the vMOOLA Virtual account Service, containing Your registration details, including but not limited to Your full name (verified with the Department of Home Affairs HANIS ID Verification Database), Your identification number, Your physical address, Your date of birth (extrapolated from Your RSA ID number), Your gender (extrapolated from Your RSA ID number), Your Mobile Phone Number, Your email address and which may be amended by You if You update Your registration details with Us and “Registration Information” means the information provided by Yourself on the Registration Form;
2.28. “SIM Card” means the subscriber identity module which when used with the appropriate Mobile Equipment enables You to use the vMOOLA Virtual account;
2.29. “SMS” means a short message service consisting of a text message transmitted from one Mobile Phone to another;
2.30. “Transaction” means the purchase by the account Holder of Product Vouchers for Yourself and/or Designated Persons or third parties.

3.1 Registration of an Account is required to access and/or use the Services. By registering for the Services, You consent to Our use of the Registration Information for the purpose of delivering the Services and in accordance with these Terms and Conditions and Our Privacy Policy.
3.2. You warrant and undertake in favour of Us that all information provided by You to Us or the account Distributor, as the case may be, during the registration process or otherwise, and whether through www.vmoola.mobi or otherwise, is complete, accurate and shall remain up to date in all respects.
3.3. We hereby reserve the right to decline Your application for an Account at Our sole and absolute discretion.
3.4. Upon registration of Your Account, You will be given a PIN which must be kept secret at all times and which will be used by or on behalf of Us or the account Distributor, as the case may be, to identify You as being the rightful account holder of Your Account. You will also be provided with Your deposit reference number comprising Your 10 digit Mobile Phone Number plus an extra 11th digit for each and every deposit made into Your Account. Upon Us notifying You by SMS that Your Account has been successfully activated, You will be entitled to use the Service with immediate effect.
3.5. You must notify Us immediately of any change in Your details by contacting the Customer Care Centre or updating Your details on www.vmoola.mobi or Your account Distributor’s website/portal of choice, as the case may be. You indemnify and hold harmless Us, the account Distributor, Our subsidiaries, affiliates, licensors, employees and agents against any loss or damage that may arise from the reliance by Us, the account Distributor, or any other third party on Your Registration Information.
3.6. You undertake that You will comply with any and all instructions that We may give You from time to time in relation to Your access to and/or use of the Services.
3.7. We reserve the right to suspend or cancel Your Account, and Your access to and/or use of the Services at any time for any reason that We, in Our sole and absolute discretion, deem appropriate, including, without limitation: (i) providing false, inaccurate, outdated, incomplete or inappropriate Registration Information, (ii) defaulting on the payment of any Fees and Charges, (iii) it coming to Our attention that You are a minor or are otherwise not permitted or authorised to access and/or use the Services or to register for it, (iv) any attempt to defraud Us or the account Distributor or other users or Account holders or to make untrue, defamatory or malicious comments about Us or the account Distributor or other users or Account holders, and (v) any violation of these Terms and Conditions or any applicable laws or regulations.
3.8. You agree to: (a) maintain the security of Your PIN, password and identification; (b) notify Us immediately of any unauthorised use of Your Account or other breach of security; (c) accept all responsibility for any and all activities that occur under Your Account; and (d) accept all risks of unauthorised access to the Registration Information and any other information You provide.
3.9. We reserve the right to charge a monthly administration Fee, which You hereby consent may be automatically deducted from Your Account, in respect of Your inactive/dormant Account, provided that We have employed reasonable efforts to contact You to request or confirm deactivation of Your Account. In the event that Your inactive/dormant Account balance reaches zero, You authorise Us to close Your Account without any liability to You.

4.1. You undertake and agree that You will be liable for and shall pay the applicable Fees and Charges to MSD for Your use of the Services timeously and in full, without set-off or deduction for any reason whatsoever, and by accepting these Terms and Conditions and registering an Account You authorise MSD to deduct such Fees and Charges directly from Your account from time to time on notice to You. Furthermore, You agree not to take any steps to circumvent Your liability for payment of any such Fees and Charges.
4.2. You hereby acknowledge and agree that –
4.2.1. the Fees and Charges may be amended by MSD from time to time in Our sole and absolute discretion, provided we have notified You thereof, regardless of whether such notice was received or not;
4.2.2. the Fees and Charges payable on each Transaction will automatically be deducted from the available funds in Your vMOOLA account on the conclusion of each Transaction and You will be notified of Your new balance in Your Account by SMS to Your Mobile Phone Number. You could also phone 0861 666 520 to make enquiries on Your available balance at any time; and
4.2.3. the Fees and Charges, and all information relating thereto, is made available to You on an error and omissions excluded basis.
4.3. You hereby acknowledge and agree that –
4.3.1. although amounts paid by You or any other person into Your vMOOLA account are held by MSD on Your behalf, You shall not be entitled to any interest that may accrue on such amounts. Any such interest shall accrue for MSD’s sole benefit, to which You hereby consent; and
4.3.2. once any amount has been paid into Your vMOOLA account, You shall be entitled to withdraw such amount, or any part of such amount via a linked Prepaid Debit Card (MasterCard) at any POS or ATM nationwide.

5.1. To load money onto Your vMOOLA account for purposes of using the Services You can, by using Your 10 digit Mobile Phone Number plus the extra 11th digit provided to You at time of registration as a reference:
5.1.1. make a deposit into the vMOOLA Bank Account; or
5.1.2. do an electronic funds transfer into the vMOOLA Bank Account; or
5.1.3. have a Debit Order set up by completing the Debit Order Form on www.vmoola.mobi, or Your account Distributor’s website, as the case may be, or Your Mobile Phone or by any other means made available to You by Us or Your account Distributor; or
5.1.4. such other means as may be implemented by Us from time to time.
5.1.5. move funds from a linked Prepaid Debit Card (MasterCard) into Your vMOOLA account.
5.2. MSD will send You an SMS to Your Mobile Phone Number, to let You know once the mobile money has been loaded onto Your Account and is available for use for the purposes of conducting Transactions. You acknowledge and agree that certain Fees and Charges will be automatically deducted from the funds in Your vMOOLA account as soon as it has been loaded.
5.3. Once You have successfully loaded funds onto Your vMOOLA account, You will be able to conclude Transactions from Your Account.
5.4. We will record every Transaction by SMS as a transaction notification or receipt of transaction to Your Mobile Phone Number together with an updated balance of account and a unique transaction identification number. This transaction identification number is used to track and identify all Transactions carried out on Your vMOOLA account. Our records of Your Transactions will be deemed to be true and correct unless the contrary is proven.
5.5. You acknowledge and agree that MSD shall not be required to reverse, charge-back or make any reimbursement of any Transaction for any reason whatsoever or howsoever arising, other than as a result of Our gross negligence or wilful misconduct.
5.6. Any information made available to You regarding Your Account, vMOOLA account and Transactions is provided on an error and omissions excluded basis.

You hereby acknowledge and agree that:
6.1. MSD is dependent upon various third-party service providers, including the vMOOLA Utilities, in providing the Services.
6.2. MSD shall use reasonable effort to manage the interface with those third-party service providers, including the vMOOLA Utilities, as far as it relates to the provision of Services;
6.3. MSD shall not be held liable for any actions or omissions of any third service provider or account Distributor in relation to or in connection with the Services.

You acknowledge and agree that in the event of damage to, loss and/or theft of Your Mobile Equipment and/or in the event that Your PIN and/or Password are no longer secure, or You suspect that they are no longer secure (“Loss”), You will immediately notify –
7.1. Your Network Service Provider, in the event of a Loss of Your Mobile Equipment; and
7.2. MSD by contacting the Customer Care Centre on 0861 666 520;
of such Loss.
You acknowledge and agree that You are responsible for any and all costs and/or Fees and Charges arising from, pursuant to or in connection with the Services up to the date and time of receipt by MSD of Your notification of the Loss, and You hereby indemnify Us against any and all claims of any nature whatsoever or howsoever arising in relation to the Loss, and in particular in respect of any Transactions with Your Mobile Equipment prior to MSD receiving notification of the Loss.

You hereby acknowledge and agree that –
8.1. Only one PIN can be linked to Your Account at any one time;
8.2. Only You may use Your Mobile Phone and PIN;
8.3. You are responsible for the safekeeping and proper use of Your Mobile Equipment, for keeping Your PIN and Password private and secure and for all Transactions that take place on Your Account;
8.4. We recommend that You set up Your Mobile Phone with a pin-protected auto screen saver which shall activate after at least 1 (one) minute of non-use and shall require a separate PIN to unlock the Mobile Phone's keypad and / or touch screen, as the case may be, and employing such other reasonable measures to secure Your Mobile Phone and Your Account.

Notwithstanding the generality of clause 3 above, You hereby acknowledge and agree that MSD may suspend, bar, restrict and/or terminate the Service, in whole or in part, and/or close Your Account without informing You under the following circumstances:
9.1. if MSD is aware and/or have reason to believe that Your Mobile Equipment and/or Your PIN are being used in relation to the Service, in an unauthorised, unlawful, improper and/or fraudulent manner and/or for criminal activities (or have been so used previously);
9.2. if You do not comply with any of the terms and conditions arising from, pursuant to or in connection with the Service, including these Terms and Conditions;
9.3. if You notify MSD of a Loss as set out in clause 7 above;
9.4. if You do anything and/or allow anything to be done with Your Mobile Equipment which MSD consider may damage and/or affect the operation and/or security of the Service;
9.5. upon receipt of Your request to do so.

10.1. In the event that Your Mobile Network Provider is obliged to change or reassign Your telecommunications numbering to meet regulatory requirements or for any other reason, MSD’s responsibility and liability will be limited to retaining Your Account and where possible, transferring Your Account to a new Mobile Phone Number.
10.2. Save as specifically contained in these Terms and Conditions, MSD does not give any representations or warranties of any nature whatsoever or howsoever arising (including, without limitation, in relation to the Services and/or any associated services used for purposes of or relating to the Services, the Network, any of the Product Vouchers and/or third-party service providers, including account Distributers), whether express or tacit or implied by law, contract or otherwise, and whether or not they induced the entry into these Terms and Conditions.
10.3 THE SERVICES ARE PROVIDED "AS IS" AND WE AND OUR DIRECTORS, MEMBERS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE USE OF THE SERVICES, OR ANY SERVICES GENERATED THEREBY (INCLUDING WITHOUT LIMITATION ANY PRODUCT VOUCHERS AND YOUR ACCOUNT) OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS RELATING TO THE SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
10.4 IN NO EVENT SHALL WE, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, DELICT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, OR ANY SERVICES GENERATED THEREBY (INCLUDING WITHOUT LIMITATION ANY PRODUCT VOUCHERS AND YOUR ACCOUNT) INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS (INCLUDING ERRORS AND OMISSIONS ON INFORMATION DISCLOSED OR MADE AVAILABLE BY US), DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, DELICT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SERVICES.

You hereby acknowledge and agree that if MSD is prevented from carrying out any of Our obligations in terms of these Terms and Conditions and/or in relation to the vMOOLA account Services as a result of an act of God, including but not limited to strikes or other labour disturbance, fire, riot, war (whether declared or not) embargoes, export control, national restrictions, any order of any international authority, any court order, any requirements of any authority or other competent local authority, insurrection, sabotage, flood, interruption of or delay in transportation, interruption of or delay in telecommunications or third party services, unanticipated product development problems, or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services or any other circumstances whatsoever which are not within Our reasonable control, MSD will be deemed to have been released from Our obligations to perform under these Terms and Conditions and/or in relation to Services to the extent that and for so long as We are so prevented from performing under these Terms and Conditions and/or in relation to the Services, and these Terms and Conditions and the Services will be deemed to have been suspended to such extent and for the period concerned.

You hereby acknowledge and agree that –
12.1. You may obtain a balance enquiry from Us;
12.2. You may query any Transactions made using Your vMOOLA account and PIN by contacting the Customer Call Centre;
12.3. printed statements of Your Account will not be provided to You; and
12.4. You may request Us to close Your Account at any time, subject to payment of the relevant reasonable administrative and/or transaction Fees (if any).

13.1 You acknowledge that the Services are owned by, and all intellectual property rights therein vest in, MSD and/or Our licensors or suppliers and that any unauthorised use thereof is expressly prohibited.
13.2 All elements of the Services, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
13.3 We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Services.
13.4 The Services are intended for registered Account holders only. You may not use the Services for any purpose not related to Your personal and non-commercial purposes. You are specifically prohibited from reselling electricity through the Services.
13.5 Any unauthorised use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations.
13.6 You represent and warrant that You will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, electronic communications, resale of electricity, financial intelligence (specifically the Financial Intelligence Centre Act, 2001) and privacy.
13.7 Our logos and any other product or service name or slogan used in relation to the Services are registered or unregistered trademarks of MSD and Our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MSD or the applicable trademark holder.

14.1. For as long as You have an active Account, and in consideration for payment of the applicable Fees and Charges, MSD grants or will procure for You a limited, revocable, non-transferable, non-exclusive licence to access and use the Services subject to these Terms and Conditions.
14.2. By accessing and/or Using the Services, You:
14.2.1. accept the licence granted to You in terms of this clause;
14.2.2. acknowledge that You will only use the Services in accordance with these Terms and Conditions;
14.2.3. are authorised to use the Services only for You own personal purposes; and
14.2.4. acknowledge that You obtain no rights of ownership of the Services or any part thereof whatsoever.
14.3. You shall not:
14.3.1. except to the extent as may be permitted by law, modify, translate or create derivative works based on the Services, nor reverse assemble, decompile or reverse engineer the Services, whether in whole or in part, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, programming of the Services or any files contained in or generated by the Services, nor shall You permit, whether directly or indirectly, any third party to do so;
14.3.2. merge or combine the whole or any part of the Services or any part thereof with any third-party software or documentation without Our prior written consent;
14.3.3. grant any third party, direct access to the Services;
14.3.4. lend or transfer the Services or any part thereof to any third party;
14.3.5. sub-license or otherwise transfer the use of the Services, whether in whole or in part, to any third party; or
14.3.6. remove or suppress any proprietary notices on the Services.
14.4. Additional restrictions may apply to certain aspects of the Services supplied by third parties or embedded in software, which shall be made available to You, and are incorporated herein by reference.

15.1. Any information obtained by You arising from, pursuant to, or in connection with, Your use of the Service is confidential information and is hereby deemed to be the property of MSD.
15.2. You hereby acknowledge and agree that the confidentiality of Your communications with MSD and/or the account Distributor, whether by way of telephone, SMS or otherwise, can not be guaranteed, and that for reasons beyond Our or Your account Distributor’s control there is a risk that Your communications may be unlawfully intercepted or accessed by unintended recipients. You furthermore agree that Your Registration Information, including Your personal information, Your conversations with the Customer Care Centre and Your Transactions will be recorded and stored by MSD for recordkeeping purposes for 5 (five) years from date of closure of Your Account, and by accepting these Terms and Conditions You expressly consent to such recording and storage.
15.3. By accepting these Terms and Conditions You expressly consent to Your calls, emails or SMS’ being monitored or recorded for use in business practices such as quality control, training, ensuring effective systems operation, prevention of unauthorised use of Our telecommunications system and/or detection and prevention of crime.
15.4. By accepting these Terms and Conditions You expressly consent to MSD disclosing or receiving personal information and/or documentation about You:
15.4.1. to and from any local and international law enforcement, competent regulatory and/or governmental agencies to assist in the prevention, detection and/or prosecution of criminal activities, money laundering, acts of terrorism or fraud and/or otherwise as required by law or governmental order;
15.5.2. to and from MSD’s service providers, dealers, agents and/or any other company that may be or become Our affiliate and/or partner; and
15.5.3. to Our lawyers, auditors or other professional advisors from time to time, and/or to an applicable court of law in relation to any legal and/or auditing proceedings (notwithstanding that any such proceedings may be of a public nature).
15.6 We are, however, committed to protecting Your privacy. Please refer to Our Privacy Policy found on www.vmoola.mobi for information on how We collect, use and disclose personal information. The terms of Our Privacy Policy (as amended from time to time) are incorporated herein by this reference.

16.1. MSD is entitled to –
16.1.1. send information to You by means of SMS to Your Mobile Phone Number which shall be for information purposes only; and/or
16.1.2. send or deliver any legal notice to the physical address provided on Your Registration Form.
16.2. You should send or deliver any legal notices to Our physical address stipulated from time to time on www.vmoola.mobi or as provided by the Customer Call Centre.
16.3. Physical delivery of notices in terms of these Terms and Conditions shall be deemed to have been received by relevant Party on the first business day following actual delivery.

17.1 You undertake to conduct all dealings with MSD and other users of the Services with the utmost good faith and in accordance with all applicable laws.
17.2 You represent and warrant that all information You supply to Us (including, without limitation, Your Registration Information) is truthful, accurate and up to date and You undertake to update Your Registration Information if at any time they become misleading, inaccurate, outdated, inappropriate or unlawful.
17.3 You agree to defend, indemnify and hold Us harmless, as well as Our subsidiaries, affiliates, licensors, employees, agents, sponsors, suppliers, third party information providers and independent contractors, against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to Your access to and/or use of the Services (including, without limitation, any information You disclose in any dealings You have with any other users of the Services), Your conduct, Your use of or inability to use the Services, Your breach or alleged breach of these Terms and Conditions or of any representation or warranty contained herein, Your unauthorised use of the Services, or Your violation of any rights of another.

18.1. MSD reserves the right to vary (change) at any time these Terms and Conditions or the Fees and Charges. Any such variations shall be notified to You by way of SMS, in-account notifications or through www.vmoola.mobi and or by Using any other suitable means provided that You shall be deemed to have been notified of any such variations regardless that the same may not have actually come to Your attention for whatsoever reason.
18.2. By continuing to access and/or use the Services You shall be deemed to have agreed to the variations contemplated in clause 18.1. If You do not accept any of the variations then You must not continue to conclude any Transactions or otherwise use the Services, failing which You will be deemed to have accepted such variations. We encourage You to review these Terms and Conditions on a regular basis.

19.1. These Terms and Conditions shall, for all intents and purposes, be governed by and interpreted in accordance with the laws of the Republic of South Africa.
19.2. A dispute which arises between the Parties in connection with -
19.2.1. the formation, existence, interpretation or implementation of;
19.2.2. the Parties' respective rights and obligations in terms of or arising out of, or the breach or termination of;
19.2.3. the validity, enforceability, rectification, termination or cancellation, whether in whole or in part of; or
19.2.4. any documents furnished by the Parties pursuant to the provisions of,
these Terms and Conditions, or which relates in any way to any matter affecting the interests of the Parties in terms of these Terms and Conditions, that dispute shall be referred to and be determined by arbitration in terms of the Rules of the Arbitration Foundation of Southern Africa or any successor thereto ("AFSA") by a single arbitrator, to be appointed by agreement between the Parties. Should the Parties fail to agree in writing on an arbitrator within 14 (fourteen) days after the giving of notice in terms hereof, the arbitrator shall be appointed at the request of either of the Parties to the dispute in terms of the Rules of AFSA. Such arbitration shall be conducted in Johannesburg.
19.3. To the extent permissible by law, the determination of the Arbitrator shall be final, conclusive and binding upon the Parties.

20.1. These Terms and Conditions constitute the whole agreement between You and MSD in respect of the Services and supersede or replace any other discussions, agreements and/or understandings regarding the subject matter of these Terms and Conditions. Neither Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded in these Terms and Conditions, whether it induced the contract and/or whether negligent or not.
20.2. You hereby warrant that You are duly authorised to bind Yourself to these Terms and Conditions.
20.3. Each Party hereby acknowledges that it has been free to secure independent legal advice as to the nature and effect of all of the provisions of these Terms and Conditions and that it has either taken such independent legal advice or dispensed with the necessity of doing so. Furthermore, each Party acknowledges that all of the provisions of these Terms and Conditions and the restrictions contained in these Terms and Conditions are fair and reasonable in all the circumstances and form the intentions of the Parties.
20.4. You may not cede, assign, transfer or delegate any of Your rights and/or obligations under these Terms and Conditions. However, We shall be entitled to cede, assign, transfer and/or delegate any or all of MSD’s obligations and/or rights under these Terms and Conditions at any time.
20.5. No failure or delay by either MSD in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of these Terms and Conditions, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise of such right or remedy or the exercise of any other right or remedy.
20.6. The rule of construction that an agreement shall be interpreted against the Party responsible for the drafting or preparation of the agreement, shall not apply to these Terms and Conditions.
20.7. In the event of one or more of the provisions of these Terms and Conditions being held for any reason to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any of the other provisions of these Terms and Conditions, and these Terms and Conditions shall be interpreted as if such invalid, illegal or unenforceable provision was not part of these Terms and Conditions and these Terms and Conditions shall be carried out as nearly as possible in accordance with its original terms and intent. E&OE