Terms & Conditions

EYEBALLS MOBILE ADVERTISING APPLICATIONS AND WEBSITE

TERMS AND CONDITIONS OF USAGE

Your access to and\or usage of the online information and Applications contained on and from this Website and or from EYEBALLS and or from its Channel Partners, in terms of Section 11 of the Electronic Communications and Transactions (“ECT”) Act and the common law, constitutes your acceptance of the terms and conditions of use set out below. If you are a minor, you must be lawfully assisted herein.

If you do not wish to be bound by these terms and conditions, you should leave this Website.

DEFINITIONS AND INTERPRETATION

In this agreement (“terms and conditions”):

a. The following words or expressions have the following meanings:

(i) “Application” means the method and services available from and through EYEBALLS for displaying advertisements and other material on mobile terminals, using the Software and EYEBALLS ‘Back Office’ facilities;

(ii) “Advertising” means marketing, promotional or advertising material collectively referring to static or dynamic or animated or interactive text or graphical images in a format capable of being electronically communicated and displayed on the Users mobile phones by the Software;

(iii) “Channel Partner” mean any third party or affiliation that is authorized and owns a licence from EYEBALLS to promote the download and use of the Application and Software;

(iv) “EYEBALLS” means Eyeballs Mobile Advertising (Pty) Ltd, registration number 2007/004818/07 of 3rd Floor Central Park, Black River Park 3, 2 Fir Street, Observatory, Cape Town, South Africa (view website);

(v) “Software” means the software available from the Website and other media, enabling the use of the Application and products listed on the website and any upgrade, new release or other modification thereto provided by EYEBALLS;

(vi) “the Website” means the EYEBALLS website, hosted at www.eyeballs.mobi and other related sites from time to time, that includes the Application, Software and any and all content;

(vii) “User” means any person who; enters or uses the Website, downloads and installs the Software or uses the Application.

b. References to the singular includes the plural and vice versa;

(i) Links contained in these terms and conditions to other documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. Although links may, from time to time, be non-operational, this shall not affect the validity and interpretation of these terms and conditions.

(ii) Clause headings are for convenience and not to be used in interpreting these terms and conditions.

1. INTRODUCTION

The EYEBALLS Application, available for download from Websites and also made available by other methods, from time to time, is a medium for Advertisers to promote business and products on mobile terminals, enabling Users to receive targeted, relevant information, Advertising and content on their mobile terminals and to be possibly rewarded for receiving the information.

2. USAGE

2.1 EYEBALLS licenses the User to view, download, and print the content of the Website, download, install and use the Software and enable and use the Application provided that such use is for personal use and benefit only.

2.2 Content and Advertising from the Website and the Application may not be used or exploited by Users for any commercial or non-personal purposes without the prior written consent of EYEBALLS.

2.3 The User is permitted to use the Website and Application for lawful purposes only. Unauthorised use of the Website and Application includes posting or transmission of data which violates or infringes in any way upon EYEBALLS’ rights or third parties’ rights, which is unlawful, defamatory or otherwise objectionable. Unauthorised use of the Website or Application may lead to EYEBALLS or its Channel Partners instituting legal proceedings against the User.

2.4 All licenses and/or permissions granted by EYEBALLS are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by EYEBALLS or its Channel Partners at any time and without prior notice or reasons.

2.5 In order to provide the Software and Application, EYEBALLS and its Channel Partners secures revenue from other sources including advertisements. In this regard the User hereby specifically agrees to receive third party marketing information and Advertisements, including but not limited to advertising pop-up and splash screens. The use of the Application is explicitly subject to this agreement and consent to receive such third party advertising material. The User may opt-out and discontinue usage by uninstalling the Software or by disabling the Application.

2.6 Although the Application is provided by EYEBALLS, the User recognises that installation thereof may require an SMS text message or other communication which may be charged to the User by the User’s cell phone service provider at the relevant tariff charged to the User by such service provider.

2.7 Rewards and incentives will:

2.7.1 not be available to Users for numbers dialled consisting of 4 digits or less and will only be available if outgoing communication results in a connection to the number accessed;

2.7.2 be subject to and in terms of the rules of participation of the Eyeballs Website and Channel Partners websites;

2.7.3 be audited by the company’s auditors in the interests of transparency and to protect the integrity of the business methodology

3. INTELLECTUAL PROPERTY RIGHTS

3.1 All intellectual property on the Website and in respect of the Application, including but not limited to Advertising, algorithms, architectures, content, trademarks, trade names, logos, pictures, processes, videos, downloads, domain names, patents, design elements, Software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or are licensed to EYEBALLS and as such, are protected from infringement by the intellectual property laws of South Africa and by international legislation and treaties. Subject to the rights licensed to the User herein (see section 2 above), EYEBALLS and / or its Channel Partners reserve all other rights to all intellectual property on the Website and in respect of the Application.

3.2 No person may:

3.2.1 amend, copy, use, decompile and / or reverse engineer the source code of the Software or Application;

3.2.2 use logos, icons, or trademarks from the Website as hyperlinks or for other purposes without EYEBALLS' prior written consent.

4. ACCESSORIES

EYEBALLS provide the Software and facilitate the Application and related services. It is the User’s responsibility to acquire and maintain at their cost the necessary accessories and third party services, including specifically but not limited to data bearer services, to use and download the Application, as well as, data and Advertising synchronisation costs to the servers.

5. DISCLOSURES

In compliance with Section 43 of the ECT Act EYEBALLS hereby discloses the information and details listed below.

Full name and legal status of website owner: Eyeballs Mobile Advertising (Pty) Ltd.;

Physical address: of 3rd Floor Central Park, Black River Park 3
2 Fir Street, Observatory, Cape Town, South Africa;

Website address: http://www.eyeballs.mobi

E-mail address: support@eyeballs.mobi and/or support@eyeballs.co.za
For support use: support@eyeballs.mobi and/or support@eyeballs.co.za

Membership of self regulatory bodies: (pending);

Code of conduct: (pending);

Registration number: 2007/004818/07;

VAT registration number: 4310241171;

Office bearers: Nathan Lewin;

Place of registration: South Africa (ZA)

Physical address for receipt of legal service: of 3rd Floor Central Park, Black River Park 3, 2 Fir Street, Observatory, Cape Town, South Africa;

Goods and services: Mobile Advertising medium and Application;

Price of goods and services: Software, Application download and installation are free;

Manner of payment: No payment charged to User by EYEBALLS or Channel Partners;

Terms of agreement: As detailed herein;

Time of dispatch of goods / delivery of services: Immediate delivery to a User’s mobile phone;

Alternative dispute resolution: The User agrees that in the event of a dispute or alleged breach by EYEBALLS, the User will, in good faith work together with senior management of EYEBALLS to attempt to resolve the matter before resorting to litigation in the civil courts;

Security procedures: Authentication (https://), encryption certificates (SSL), database encryption, access through username and passwords. See further section 10 below;

Privacy policy: See section 8 below;

Duration of agreement: Until terminated by either EYEBALLS or the Channel Partners or the User

6. AMENDMENTS AND CHANGES TO PROFILE

6.1 EYEBALLS may amend these terms and conditions of usage at any time by posting the amended terms and conditions on the Website. All amended terms shall automatically become effective immediately after they are posted on the Website and any subsequent use of the Website or downloading the Application or any other services shall be governed by such amended terms. The User is advised to regularly check these terms and conditions for any amendments or updates.

6.2 EYEBALLS reserves the right at any time to change or discontinue any aspect or feature of the Website or Application, including but not limited to, content, Advertising, hours of availability and equipment needed to download and use the Application or access and use the Website. Notwithstanding the effort placed on maintaining the availability and access of the Website, EYEBALLS or its Channel Partners takes no responsibility for, and will not be liable for the Website, Application or related services being temporarily unavailable or inaccessible.

7. PRIVACY POLICY

7.1 EYEBALLS undertakes to take all reasonable steps to protect the personal information of Users in accordance with the laws pertaining to the handling of personal information in South Africa.

7.2 EYEBALLS may electronically collect, store and use the personal information of Users as set out below. This information is used to make Users’ use of this Website, the Application and related services more efficient, as analysis thereof will improve the services provided by EYEBALLS:

Personal Information:

7.2.1 name and surname;

7.2.2 area code;

7.2.3 street address;

7.2.4 postal address;

7.2.5 title;

7.2.6 contact numbers;

7.2.7 non-personal browsing habits and click patterns;

7.2.8 e-mail address; and / or

7.2.9 IP address.

Demographic information:

7.2.10 Geographic Region

7.2.11 Income Bracket

7.2.12 Country and City

7.2.13 Home Language

7.2.14 Gender

7.2.15 Date of Birth / Age

7.2.16 Number of children

Interest & Hobbies:

7.2.17 Dynamic fields within the personal profile of the Application and can be amended at anytime by the User. The fields may modify dynamically at anytime by EYEBALLS or the Channel Partners.

7.3 Without limiting the generality of 7.2 above, EYEBALLS collects, stores and uses the abovementioned information for the following purposes:

7.3.1 to communicate requested information to the User;

7.3.2 to enable the Application and related services;

7.3.3 to activate the Software;

7.3.4 to provide profiled services to the User as requested by the User;

7.3.5 to authenticate the User;

7.3.6 to provide the User with access to restricted pages on this website and through the application; and

7.3.7 to compile non-personal statistical information about browsing habits, click patterns, and access to the Website.

7.4 The information is collected either electronically or it provided voluntarily by the User.

7.5 EYEBALLS and its Channel Partners may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

7.5.1 EYEBALLS and its Channel Partners shall not disclose personal information from Users unless the User consents thereto;

7.5.2 EYEBALLS and its Channel Partners shall disclose personal information without the User’s consent only through due legal process; and

7.5.3 EYEBALLS and its Channel Partners may compile, use and share any information that does not relate to any specific individual.

7.6 EYEBALLS and its Channel Partners own and retain all rights to non-personal statistical information collected and compiled by EYEBALLS.

7.7 The user hereby specifically agrees that EYEBALLS and its Channel Partners may freely disclose statistics based on the Demographic information specified above, provided that said statistics are not linked to the user’s Personal information as recorded above in any way.

8. WEBSITE LINKS

The Website may include links to other websites and its Channel Partners websites from time to time. These links will be provided for the benefit and convenience of Users. The fact that the Website may contain these links does not mean that EYEBALLS and its Channel Partners endorse the relevant website. EYEBALLS and Channel Partners will not have any responsibility or liability in respect of the content of the links. Any links to the Website must be with the prior, written consent of EYEBALLS.

9. PROTECTION

9.1 EYEBALLS will take measures, within reason, to ensure that the content of the Website is protected from unauthorised access and that the information provided by and collected from Users is not revealed to unauthorised recipients. EYEBALLS does not, however, warrant that these measures will result in information and content being absolutely secure.

9.2 Users may not deliver or attempt to deliver, whether intentionally or negligently, any damaging code such as; computer viruses, robots, worms or spy ware, to the Website or the server and computer network that support the Website.

9.3 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Website, whether on purpose or negligently will be liable for any damages, risks and losses that EYEBALLS and its Channel Partner or affiliates may suffer as a result of such delivery, attempt or damaging code.

9.4 Users may not develop, distribute, or use any device or programme designed to breach or overcome the security measures of the restricted pages on the Website. EYEBALLS may claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.

10. EYEBALLS PROMOTIONS

10.1 By downloading and using the Application, the User will automatically qualify for participation in the EYEBALLS and its Channel Partners Promotional Programs which may be run from time to time.

10.2 Participation in these promotions is subject to the rules published on the EYEBALLS and\or its Channel Partners website or wapsite from time to time.

10.3 The User specifically recognizes that his or her name may be published on the EYEBALLS or its Channel Partners Website in the event of winning a prize, promotion or competition.

10.4 The results of any EYEBALLS or its Channel Partners promotions will be audited by the respective company’s auditors.

11. NO WARRANTY

11.1 The information and content of the Website and Application are provided by EYEBALLS or its Channel Partners and associates, suppliers or agents without any warranty of any kind, express or implied, (including but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and or freedom from errors or inaccuracies.

11.2 The EYEBALLS and its Channel Partners website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy him or herself, prior to entering into this agreement with the EYEBALLS Application, that the content available from and through the Websites meet the User's individual requirements and is compatible with the User's computer hardware and/or software.

11.3 Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of EYEBALLS and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website.

11.4 EYEBALLS or its Channel Partners does not make any warranties or representation that content and services available from the Website and Advertising via the Application shall in all cases be true, correct or free from any errors. EYEBALLS shall take all reasonable steps to ensure the quality and accuracy of content available from the Website. The User agrees any offensive false or misleading content of promotional and other material communicated via the Application is the responsibility of the advertiser of the relevant goods or services and the User shall not hold EYEBALLS liable.

12. ELIMENATION OF ERRORS

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from the Website or communicated via the Application, to EYEBALLS and EYEBALLS undertakes to correct and/or remove content or Advertising found to fall within the aforementioned categories.

13. ENTIRE AGREEMENT AND SEVERABILITY

13.1 These terms and conditions constitute the entire agreement between EYEBALLS, Partner Channels and the User and shall take precedent over any communications and/or postings received by EYEBALLS from the User.

13.2 Any failure by EYEBALLS to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

14. APPLICABLE AND GOVERNING LAW

The Website and the Application are hosted, controlled and operated from the Republic of South Africa and therefore, subject to clause 5 the South African law enforced by the South African courts governs the use or inability to use the Application, the Website, its content, services, products and these terms and conditions.