Terms & Conditions

General

The term OF refers to Oral First (Pty) Ltd or any subsidiary or affiliate of these companies; and any director, officer, employee or agent of these companies as may be appropriate.

“Site” means collectively OF website/s, systems and the OF Applications (OF Apps). OF Apps means any online application software that is provided by or is connected with OF that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.

By using or accessing this site you expressly accept these terms and conditions. If you do not accept these terms and conditions, please do not continue to use the system or application.

You agree that these terms apply to any OF website, OF Apps, any third-party website or mobile application licensed to OF, any information accessed via the Site, and all sections of the Site.

Regardless of the platform, gateway, portal or mode of access you use, your cell phone/service provider may charge you for accessing or using the Site, including data or SMS charges. OF cannot be held responsible for these charges.

Use of the site

OF has made this site available to you for your non-commercial use. We may modify, withdraw or deny access to the system at any time should it be found to be subjected to any unauthorised use or abuse.

You may print or download material on this system for your personal, non-commercial use provided that it is not in contravention of the limitations of use set out below.

Transmission and storage of information

Information transmitted via the Internet is susceptible to monitoring and interception. Users bear all risk of transmitting or storing information in this manner.

OF will not be liable for any loss, harm or damage suffered by you as a result of transmitting or storing any information on this system. Any unsolicited confidential or personal information sent or stored via the system cannot be guaranteed to remain safe, secure or confidential and should be avoided.

Limitations of use

Users of the site are responsible for the data or content of any documents, communications or scripts of whatsoever nature produced or transmitted on the system.

The following is strictly prohibited:

• Sending, receiving, introducing, displaying, accessing websites, printing or otherwise disseminating prohibited material, including sexually explicit, profane, obscene, harassing, fraudulent, racially offensive, defamatory, destructive programs or otherwise unlawful content.
• Violating any national or international laws.
• Wasting computer resources, such as sending mass email, chain letters or printing unnecessary documents.
• Infringing any copyrights.
• Downloading or installing any unauthorised programmes or software on the system, including freeware or shareware products.
• Removal of any hardware.
• Taking part in any fraudulent activities.

The user of this system in no way represents or binds OF and OF cannot be held liable for the activities performed by any user, whether authorised or unauthorised.

Liability

Although OF endeavors to ensure the system is secure and updated regularly, OF cannot be held liable for any loss, harm or damage suffered as a result of the use of the system or users who fall subject to hacking, data loss or similar incidents.

We do not guarantee that the system will be available all the time or at any specific time, that access will be uninterrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.

OF has taken all reasonable steps to reduce the risks of viruses and other interferences or vulnerabilities, but cannot certify that the system is immune to all viruses or defects. You have sole responsibility for adequate protection and back-up of any data or information.

Limitation of liability

The information contained on this website is given for general information and interest purposes only. Whilst we try to ensure the information is accurate and up to date, we cannot be responsible for any inaccuracies.

You should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on information contained on this website.

Use of this website is at your sole risk. We shall not be liable for any loss or damage arising as a result of your use of or reliance on the information contained on the website to the maximum extent permitted by law.

Disclaimer

The information contained on this website is intended exclusively for jurisdictions falling inside the Republic of South Africa, and any products or services offered on this website are intended for the Republic of South Africa only.

Those who access this website do so on their own initiative and are responsible for compliance with applicable local laws and regulations.

Links to other websites and services

The website may contain links to other websites that are not under our control. Links to other sites are provided for convenience only.

We do not accept responsibility or liability for other websites, their contents, their security, or for any consequence of your acting upon the contents of such websites. No endorsement of third parties or their advice, opinions, information, products or services is expressed or implied.

Governing law and jurisdiction

These terms and your use of this website are governed by and construed in accordance with the laws of the Republic of South Africa and any disputes will be decided only by the courts of the Republic of South Africa.

• Regulation of Interception of Communications (RIC) Act 70 of 2002: by accepting these terms and using the OF website, you provide permission in terms of Section 4(1) of the Act to intercept any communication.
• Electronic Communications and Transactions (ECT) Act 25 of 2002: by using the OF website you agree that this agreement is concluded in Cape Town, South Africa.
• Data messages addressed by you can only be deemed to have been received by OF if they have been responded to.
• An automated response generated by OF systems shall not constitute a response to you.
• Data messages sent to OF from a computer, IP address or mobile device normally used by you are deemed to have been sent or authorised by you personally.

Severability

If any part of these terms and conditions is found by any court or other competent authority to be invalid, unlawful or unenforceable, that part shall be severed from the rest of the terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

Data protection and protection of personal information

By providing us with any information you agree to the provisions set out below, together with any other terms you have agreed with OF where relevant. Please ensure you have read and understood these terms before you send OF any information.

We treat your privacy very seriously. We use your personal information in accordance with this Data Protection Policy and will comply with applicable South African data protection legislation, including the Electronic Communications and Transactions Act 25 of 2002 and the Protection of Personal Information Act, No 4 of 2013.

It is important that you take all necessary and appropriate steps to protect your data yourself, for example by ensuring that all passwords and access codes are kept secure.

Email

The information contained in an OF email is confidential and may contain proprietary and/or personal information. It is meant solely for the intended recipient. Access to this email by anyone else is unauthorised.

If you are not the intended recipient, any processing of the email or information contained therein, including disclosure, copying, distribution, storage or reliance on it, is prohibited and may be unlawful.

No liability or responsibility is accepted if information or data is corrupted or does not reach its intended recipient. No warranty is given that email is free of viruses. OF reserves the right to monitor, intercept and block emails addressed to its users or take any other action in accordance with its internal IT policies.

Security

We take all reasonable steps to secure the contents of the OF website and the information provided by and collected from users. We do not however make any warranty or representation that the content of this website is 100% safe and secure.