Ringas User Terms And Conditions 

I, the purchaser of a Voucher, hereby confirm that I have read and understood these Voucher Terms and Conditions and I further expressly agree to be bound hereto.

Definitions

Company: If you are purchasing Vouchers from The Prepaid Company Proprietary Limited (Registration Number: 1999/016716/07) of 75 Grayston Drive, Morningside Ext 5, Sandton, Gauteng (“TPC”), then the Company is defined as The TPC but if you are purchasing Vouchers from another person or entity then the Company is defined as that person that you are purchasing the Vouchers from;

Product: airtime, data and/or any other service of a Supplier such as value added services and/or pre-paid electricity made available by the Company from time to time or other goods or services which the Company makes available to the purchaser of a Voucher and/or the User via the Voucher;

Ringas Voucher or Voucher: The proprietary interface owned by TPC that provides the User with access to Product and therefore the ability to redeem the embedded value and benefit of Product and facilitates processing of Transactions;

Supplier: any mobile telephone network (such as, but not limited to – Vodacom, MTN, Cell C, Telkom, etc) and/or any utility provider (such as, but not limed to Eskom SOC Ltd, municipalities, private metering companies, vending companies contracted by municipalities, etc.) and/or the supplier of any other product or value added service made available via a Rings Voucher to the User, contracted TPC for provision of Product;

Third Party: any other party that the Voucher interfaces with in order to ensure service is provided to the User. These include, but it not limited to: Suppliers, internet platforms, internet service providers, financial service providers and payment gateways;

Transaction: any payment in exchange for availability of Product made by a Voucher purchaser to the Company;

User: A end user buying a Voucher;

Terms and Conditions

Introduction 

1.  Company will not be liable for any loss suffered due to incorrect information / registration details that is supplied by a User.

    

2. Intellectual Property Rights
   All the trademarks, data and content on this web site and/or Voucher interface, including but not limited to software, databases, text, video clips, graphics, icons, hyperlinks, private information, designs and agreements, are the property of, or are licensed to TPC. All these are protected from infringement by any third party, in terms of local and international legislation and treaties.

    

3. Voucher service delivery.
   3.1 To combat possible fraud or corruption there is a barrier which might prevent duplicate recharge attempts e.g. from the same mobile device number and exactly the same amount during the first 24 (twenty-four) hours after the initial transaction. If such duplicate recharge attempts process within the 24 (twenty-four) hours period, the conditions stipulated in Clause 3.4 will apply. Prevent inconvenience by recharging with a slightly different amount in ZAR if available on the menu, no cents to be used as systems do not process any cents.

3.2 Although a Voucher completes most recharges/redemptions of Product almost immediately, the Company does not in any way guarantee a turnaround time. The main reason for this is the Company’s reliance on Suppliers.

3.3 Should a redemption/recharge for Product not have been done and Company is made aware of this within a reasonable period of time TPC will respond to all such queries quickly and efficiently. Although most personal communication to Users commence within an hour or two from receiving an enquiry, Company reserves the right to commit to communicate with Users personally with regards to any failures within 2 (two) business days from receiving a failure report. The only reason Company reserves this right is to ensure communication to all Users, during critical system failures of any Third Party.

3.4 Should a User request a refund for any legitimate reason, such request will be processed unless a Voucher/Token had been requested by Company prior to receiving the request. The time of issuing such a request, by the User, will not be deemed as the time that Company was notified. Notification will be deemed as the time that Voucher support personnel became aware of such a request. Automatic programmed processes continuously run in the background to attempt recharging unsuccessful transactions, for this reason Company cannot be held liable for a recharge/Product redemption taking place in the window period from the User sending such a request to the time support personnel becomes aware of such a request.

3.5 Should a Voucher not have been issued and support staff become aware of a User’s request for a refund/replacement, such refund or replacement (at the election of The Prepaid Company Proprietary Limited) will be effected on the first business Monday after the refund became known to support staff, provided Company has the bank details of the particular User. If not, support personnel will request the details. Upon receiving the information Company again reserve the right to carry out the refund/replacement by the first business Monday after the bank details were provided.

3.6 The Voucher (or part thereof) entitles the User to redeem against Product. No ownership in any Product will pass until actual redemption. Each Voucher issued by the Company to the User in terms of these terms and conditions will be redeemable for a period of 6 (six) months from the date upon which it is issued by the Company to a User. Where a customer wishes to activate a Voucher/Token after the 6 (six) month period but before the expiry of 36 (thirty six) months (or such shorter period as may be permitted in law for a voucher to be unredeemable) from the date upon which the Voucher/Token in question is issued by the Company to the User, then the User/Voucher purchaser may requisition from the Company the re-issue of the Voucher/Token in question, in which case the Company will re-issue a Voucher for like value (in whole or part, as applicable) in either case, so that it remains redeemable for such period as is required by law. 

4. Fees and charges
4.1 All prices are inclusive of VAT. Standard rates apply for USSD and data services.

4.2 Product prices may be greater or lesser than like products offered by third parties. Where the price is higher the Company may in its discretion apportion the greater amount to the Product price itself and/or a convenience/transaction fee.  All Transactions need to be done in ZAR amounts, no cent amount will be processed or taken into consideration in any dispute whatsoever.

4.3 Notwithstanding anything to the contrary contained herein, the User acknowledges and agrees that Company shall be entitled to charge the User a reasonable convenience fee in terms of applicable law and the User hereby duly authorises the Company to deduct such convenience fee from every Transaction. 5. User conduct and responsibility5.1 It is the responsibility of the User/Voucher purchaser to notify Company, through its support pages at www.bluelabeltelecoms.co.za, should the User not have received his or her recharge Voucher within 15 (fifteen) minutes.

5.2 The Voucher purchaser agrees that he/she shall at all relevant times use the Voucher interface lawfully and for lawful purposes and in accordance with the laws of the Republic of South Africa. 

5.3 The Voucher purchaser is responsible and remain liable at all relevant times for any and all transactions performed from and/or originating from his/her device to which a Voucher is transmitted. 

5.4 Any and all instructions received by the Company which originates from a device to which a Voucher was transmitted pursuant to the Voucher having been purchased as a result of a request for a Voucher having emanated from that device and/or the Voucher purchaser, shall be deemed to have been provided by that particular Voucher purchaser until the contrary can be proved by the Voucher purchaser.

5.5 In light of the above, the Voucher purchaser acknowledges and agrees that he/she shall at all relevant times be responsible for the safety and security of his/her device and any pre-paid Voucher received by the User.

5.6 Risk in and to any pre-paid voucher/token shall pass from The Prepaid Company Proprietary Limited upon redemption by the User on the User’s mobile device / telephone number / electronic platform.

5.7 Any personal information of the User obtained by Company in the course of its interaction with the Voucher purchaser may be used by Company for further processing and onward transmission to third parties and may, without limitation, be specifically used to market, promote and sell TPC telecommunications, financial, insurance and value added service products and services.  

6. Privacy
The details provided on this site by any Voucher purchaser will not be given to any third party.

7. Disclaimer and Warranty

7.1 A Voucher is merely a payment platform and accordingly Company does not guarantee the Product or its fitness for any purpose. These are generated by third parties / Suppliers. These Supplier companies are ultimately responsible to ensure that they are in working order. Should any Voucher/Token/Product not be in working order or avail the User of the benefit it believed it was entitled to, Company will assist the User in obtaining a Voucher/Token in working order from the Supplier, by giving all relevant contact details of Suppliers to Users. The Company is however not liable in any manner. By doing this, Company does not in any way acknowledge responsibility for a “working” Voucher/Token but is merely acting in the interest of the end user and Supplier and should not be interpreted differently.

7.2 The Voucher purchaser understands and agrees that the Voucher, the Products and this portal and the information, services, products and materials available through it are provided on an “as is” and “as available” basis. Users /customers expressly agree that use of Voucher and/or the Products is at their own sole risk. Company does not guarantee or warrant that the Products or Voucher will always be available, free from any defects, useable and durable for a reasonable period of time or suitable for the purposes for which they are intended. 

7.3 To the fullest extent permissible, according to applicable law, Company and its affiliates disclaim all warranties of any kind, either express or implied, including but not limited to any warranties of title, or implied warranties of merchantability or fitness for a particular purpose. No oral or written information provided by Company or its affiliates, officers, directors, employees, agents, providers, merchants, sponsors, licensors or the like shall create a warranty; nor shall User and/or customer rely on any such advice or information.

7.4 User and/or customer expressly agree that use of Vouchers/Products and/or this site, including all content, data or software distributed by, downloaded or accessed from or through this portal and/or Vouchers, is at the User’s and/or customer’s sole risk. User and/or customer understands and agrees that he/she will be solely responsible for any damage to his/her device, business or his/her computer system or loss of data that results from the download of such content, data and/or software and/or the use of Vouchers and/or the Products.

7.5 User and/or purchasers of Vouchers acknowledge that Company and/or any of its affiliates do not in any respect control any information, Products, products or services offered by third parties on or through this site or through the Voucher, except as otherwise agreed in writing. Company and its affiliates assume no responsibility whatsoever for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this site.

7.6 Neither Company nor any affiliate makes any warranty that the Voucher, the Products and/or this site or its contents will meet User and/or customer requirements, or that Vouchers/Products, the site or content will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. Company does not represent or warrant that materials redeemed via a Voucher, this site or information provided by  the Voucher platform and/or Company and/or Suppliers via e-mail or other means, are accurate, complete, reliable, current or error free nor does Company make any warranty as to the results that may be obtained from the use of the Products/ Voucher or its content or to the accuracy, completeness or reliability of any information obtained through use of this site and/or Vouchers.

7.7 Company assumes no responsibility for: Any damages suffered by a User and/or purchaser of a Voucher, including but not limited to, loss of data from delays, non-deliveries of content, sms’s or e-mail, network or system outages, Product failure or non-delivery, file corruption or service interruptions caused by the negligence of Company, its affiliates or a User’s own errors and/or omissions. Company disclaims any warranty or representation that confidentiality of information transmitted through the Voucher platform and/or this web site will be maintained. All the information appearing on Vouchers and/or this site is provided without a representation or warranty whatsoever, whether expressed or implied, and Company and its affiliates disclaims any liability to the User and or Voucher purchaser in this regard.

7.8 By performing any Transaction via a Voucher the User and Voucher Purchaser warrants in favour of the Company that he/she is at all relevant times duly authorised to perform such a Transaction. 

8. Disputes
Company and the purchaser of a Voucher (in these terms collectively referred to as “the Parties” or individually as “Party”), agree irrevocably that any dispute whatsoever arising from these terms and conditions shall be settled as follows:
8.1 The Parties shall firstly make their best efforts to attempt to settle the dispute amicably between them through negotiation. This entails that the one Party invites the other in writing to a meeting to attempt to resolve the dispute within thirty (30) days from the date of written invitation;

8.2 should such negotiation fail to resolve the dispute, “the Parties” irrevocably agree that the dispute shall be referred to administered mediation upon the terms set by the Arbitration Foundation of South Africa (“AFSA”);

8.3 should the mediation fail to resolve the dispute, “the Parties” agree irrevocably that the dispute shall be finally settled by arbitration. The arbitration proceedings shall be conducted according to the AFSA arbitration rules, in Johannesburg, South Africa, before a single arbitrator appointed in terms of those rules.

8.4 The arbitrator shall have regard to the desire of the Parties to dispose of such dispute expeditiously, economically and confidentially; and shall be obliged to provide written reasons for his decision.

8.5 The Parties irrevocably agree that the decision in the arbitration proceedings shall be final and binding on “the Parties”; and shall be carried into effect; and may be made an order of any court of competent jurisdiction.

8.6 The arbitrator shall make an award in respect of the costs of the arbitration having regard to the substantive success of each Party’s argument in the outcome of the proceedings.

8.7 The Parties agree that the nature of any dispute arising from these terms and conditions; and the resolution thereof in terms of this clause which shall include any testimony and/or evidence presented in terms of the provisions of this dispute resolution clause; and any settlement agreement in terms of this clause as well as any arbitration award, shall be considered Confidential Information.

8.8 This clause 8 shall not preclude either Party form obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the outcome of the negotiations, mediation or decision of the arbitrator as the case may be from time to time. The provisions of this clause will continue to be binding on “the Parties” notwithstanding any termination or cancellation of these terms and conditions/agreement.

9. Limitation of liability
9.1 Under no circumstances, including without limitation negligence, shall Company or its affiliates, officers, directors, employees, agents, providers, Suppliers, suppliers or any other party (including any Third Party) involved in creating, producing, transmitting or distributing Vouchers and/or the Product be liable for any indirect, incidental, special, consequential or punitive damages arising from or in connection with the use or inability to use a Voucher, the Product or any other content provided by or through the Voucher interface, or resulting from unauthorised access to or alteration of User transmissions or data or other information that is sent or received , including but not limited to damages for lost profits, use, data or other intangibles, even if Company has been advised of the possibility of such damages.

9.2 Company or any affiliate shall have no liability to any User and/or Voucher Purchaser in connection with any product, service or otherwise, purchased or used as a result of the Voucher interface. It is expressly understood that the Voucher purchaser is aware that Company acts as conduit and provides the Voucher service to bring service provider Supplier and service consumer User together and accepts no responsibility for the quality, reliability, safety, function, sustainability or otherwise, of a Product purchased, service used, or otherwise, as a result of the use of this Voucher interface.

10. Notices
10.1 The User hereby nominates his/her device onto which a Voucher is loaded and/or his/her cellular number pertaining to a device onto which a Voucher is loaded as the domicillium citandi et executandi address he/she will receive all communications and legal notices required in terms of these terms and conditions. 

11. General
11.1 These terms and conditions sets out the entire agreement between Voucher purchaser and Company relating to the purchase and/or use of Vouchers and Products and replaces any other discussions, agreements and/or understandings regarding the purchase and/or use of Vouchers and/or Products.

11.2 No amendment of these terms and conditions shall be valid or of any force unless published by Company on its website and/or via the Voucher interface. The Prepaid Company Proprietary Limited reserves the right to amend these terms and conditions at any time and for any reason without any notice to the Voucher purchaser. It is and remains the latter’s responsibility to keep up to date with the most recent version of these terms and conditions.

11.3 You may not transfer, cede and/or assign any of your rights or obligations in terms of these terms and conditions without the prior written consent of The Prepaid Company Proprietary Limited.

11.4 These terms and conditions shall at all relevant times be governed and construed in terms of the laws of the Republic of South Africa. 

11.5 The rule of construction that these terms and conditions is interpreted against the party responsible for drafting it shall not apply.

11.6 In these terms and conditions:

11.6.1 If any provision in a definition or any other clause is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to it as if it were a substantive provision in the body of these terms and conditions;

11.6.2 words importing any one gender shall include the other two genders;

11.6.3 the singular shall include the plural and vice versa;

11.6.4 a reference to natural persons shall include created entities (incorporated or unincorporated) and vice versa;

11.6.5 when any number of calendar days is prescribed, that number of days shall be reckoned exclusively of the first and inclusively of the last day; and

11.6.6 the headings have been inserted for convenience only and shall not be used for nor assist or affect its interpretation.

11.7 If any of the terms of these terms and conditions shall become invalid or unenforceable or convey lesser rights than are available to you in law then and provided that such invalid or unenforceable terms or conditions shall not nullify the underlying intent of this agreement, such offending terms and conditions shall be severable and be deemed to be deleted from the other terms or provisions of this agreement which shall remain in full force and effect. Notwithstanding the foregoing the parties shall thereupon negotiate in good faith and agree on a mutually satisfactory provision to be substituted for the provision so found to be void or unenforceable.

11.8 The Voucher purchaser confirms and agrees that he/she has obtained independent legal advice and subsequently he/she knowingly entered into these terms and conditions out of his/her own free will and without any misrepresentation and/or undue influence being exerted upon him/her.