Terms & Conditions
Effective Date: 1 April 2020
01. Acceptance of Terms
Welcome to Luqrate Mobile! It is our pleasure to welcome you to the revolution that is making your mobile-phone work for you.
“We” are Luqrate Mobile (Pty) Ltd, and “us”, “our” and “Luqrate Mobile” have a corresponding meaning herein. “You” and “your” refer to the User (User, includes members or guest of and/or to the Luqrate Site).
These Terms become effective when you access the Luqrate Site, including any page, part or element thereof and constitutes a binding agreement between us and yourself, which will always prevail.
As a preliminary matter, we wanted to highlight that we are growing with you, our customer, and that we will inevitably encounter some pains. Considering this, we humbly request your grace and active collaboration to help us make the Luqrate Site better. So please don’t be shy, after all, you are the Boss and every Boss deserves the backing of a world-class customer service team. Connect with us on firstname.lastname@example.org to resolve any issues you may have as you enjoy the Luqrate Site.
02. General Information
For your convenience, we have listed below some general information about ourselves.
Luqrate Mobile (Pty) Ltd is a Private Limited company incorporated under the laws of the Republic of South Africa with registration number 2018/245843/07.
Our address of establishment is at 106 Johan Avenue, Dennehof, Sandton, 2196, and we will accept service of all legal documents there;
Our telephone and support number is +27(0) 10 013 1223
Customer services E-mail is email@example.com
We retail in third-party products and/or services including but not limited prepaid data, airtime, and electricity. We provide access to these products and/or services on a Free Consumer and paid E-spaza User Account.
The Free Consumer Account allows any User to use the site to simply buy third-party products and/or services similar to any online banking and/or retail platform. The paid E-spaza User License (“E-spaza Account”) provides Users with a mobile spaza allowing them to retail third-party products and share in the profits of products sold through their qualifying E-spaza User Account.
The User shall at all times be free-standing and independent from Luqrate Mobile. Nothing contained in these Terms shall constitute or be deemed to create an association, partnership, joint venture, agency agreement or the relationship of employer and employee between the User and Luqrate Mobile.
04. User License
4.1. Luqrate Mobile agrees to provide:
4.1.1. Free Consumer User with a non-exclusive, non-transferable User license to use the Luqrate Site to buy strictly airtime and data only, for personal use. This license may be terminated or cancelled by us at any time without prior notice.
4.1.2. E-spaza User with a non-exclusive, non-transferable User license, to use Luqrate Mobile Site and Platform (“Platform”, includes all business management software, transacting infrastructure and advertising media, if any) to retail third-party products and services to your immediate and downline network.
4.2. Content from the Luqrate Site may not be used or exploited by Users for any commercial and/or non-private purposes without our prior written consent.
4.3. You may not use any deep-link, page-scrape, robot, spider or any other automatic device, program, algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Luqrate Site or any of its content.
4.4. Email addresses, names, telephone numbers and fax numbers published on the Site may not be incorporated into any database or used for any marketing.
By registering a Luqrate Account, you expressly warrant and represent that:
5.1 You are a natural resident of or legal entity registered in the Republic of South Africa.
5.2 In case of a natural person, you are 18 years of age or older and have full capacity to understand, accept and adhere to the Terms;
5.3 You own a pre-paid phone or top-up contract registered with your network service provider of choice. This is very important as Users without access to a pre-paid or top-up function will not be able to meet the Qualifying Criteria (Clause 12.1.2) to earn Proportional Earnings (Clause 12.1.9) as set out in these Terms.
5.4 You will not open, or attempt to open, a Luqrate Account under any name except your own; or use your Luqrate Account to carry out transactions on behalf of a third party;
5.5 You will not use or access any Account other than your own; or assist any other person in obtaining unauthorised access to any Luqrate Account;
5.6 You will not use your Luqrate Account for or in relation to any illegal activity, in violation of any laws, statutes, ordinances or regulations, or breach of Luqrate’s Terms;
Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, Luqrate Mobile will retain all rights, title and interest in and to the Luqrate Site and Platform (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) and all copies, modifications, updates, and derivative works thereof, even if effected at the User’s specific instance and request. The User acknowledges that it is obtaining only a limited license to use the Site and Platform and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder, no ownership rights are being conveyed to the User under this Agreement or otherwise.
07. Changes To Terms
08. Collection And Use Of Personal Data
8.1 Luqrate Mobile will observe all privacy of information best practices, following the applicable laws of South Africa, including the Protection of Personal Information Act 4 of 2013 (POPI), as amended.
8.3 What information do we collect?
8.3.1 First and last name
8.3.2 Cell Phone Number
8.3.3 Next of Kin / Legacy contact details
8.3.4 Email address
8.3.5 Address, Province, City and Postal code
8.3.6 Cookies and Logfiles
8.3.7 Payment Details. (Details stored in an encrypted format, used by Luqrate to make payments into your designated Account upon receiving a withdrawal request)
8.4 Why is the information being collected?
8.4.1 The provision and performance of the Luqrate Site;
8.4.2 Informing you of changes made to the Luqrate Site;
8.4.3 The marketing of related services to you by Luqrate Mobile and/or eSpaza license holders.
8.4.4 Responding to any queries or requests you may have;
8.4.5 Providing customer care and support;
8.4.6 Providing analysis or valuable information for improving the Luqrate Site;
8.4.7 To develop new products, services, features, and functionality;
8.4.8 Detect, prevent and address technical issues;
8.4.9 Understanding general User trends and patterns so that we can develop and support existing and ongoing marketing strategies;
8.4.10 For security, administrative and legal purposes; and
8.4.11 The creation and development of market data profiles which may provide insight into market norms, practices and trends to help us improve our offering to you. Such information will be compiled and retained in aggregated form, but shall not be used in any way which may comprise the identity of a User.
8.5 Your information will not be stored for longer than is necessary for the purposes described in these Terms or as required by applicable legislation.
8.6 The destruction or deletion of a record of Personal Data shall be done in a manner that prevents its reconstruction in an intelligible form.
8.7 The User consents to Luqrate Mobile processing personal information transmitted to our system in a way which is consistent with the Terms and service provided.
8.8 The User consents to Luqrate Mobile sharing its basic information e.g. Name, Surname, mobile contact number, E-spaza activation status and sales record with all your uplines. This forms the basis of the business management software and allows Users to track their team’s performance and manage possible earnings.
8.9 Luqrate may retain backups, but is not obliged to do so, as a matter of course for up to one year after termination of the Users Account. The User consents to such retention. However, Luqrate gives no warranty in respect of the effectiveness or correctness of such backups (if any).
9.1 Notwithstanding our pledge to implement measures in line with good industry practices, to ensure the security of the Luqrate Site and the physical security of Luqrate’s premises, we cannot guarantee that breaches of security will not take place. Considering this we implore each User to do their part in securing the Luqrate Site and their Personal Data.
9.2 Our Part:
9.2.1 Passwords are stored in an encrypted and/or hashed format and as such access to your Account is exclusively controlled by you.
9.2.2 All Personal Data is encrypted and stored securely on offsite servers compliant with the EU-US and Swiss-US Privacy Shield Frameworks. Access to this information is logged and strictly controlled on a need-to-know basis.
9.2.3 All our employees undergo background checks, receive relevant regulation and security training and are required to adhere to company policies.
9.2.4 We conduct regular Account and security audits to ensure the continued protection of all Users.
9.3 Your Part:
9.3.1 Users agree that their login details and password will be secured and never be shared or disclosed to any third party.
9.3.2 Should a User discover a security violation, or believe that a security violation is imminent, the User must immediately notify Luqrate Mobile in an appropriate way that does not further compromise security concerns.
9.3.3 The User must give its full cooperation to Luqrate Mobile in any investigation regarding a security violation.
9.3.4 The User must not do anything that may impair the security of Luqrate or other Users and must take all reasonable measures necessary to ensure that:
188.8.131.52 no unlawful access is gained to Luqrate Mobile’s data, the Luqrate Mobile system, or the User’s system;
184.108.40.206 no malicious code including but not limited to viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs are introduced into the Luqrate Mobile system; and
220.127.116.11 the User data is safeguarded.
9.3.5 Users will be held liable for any damages that occur as a result of their unlawful conduct and/or negligence.
9.4 If a security violation occurs, or Luqrate Mobile is of the view that a security violation is imminent, Luqrate Mobile may take whatever steps it considers necessary to maintain the proper functioning of the system including without limitation:
9.4.1 Shutdown the Luqrate Site; or
9.4.2 Limit access to the Luqrate Site.
9.5 Luqrate Mobile takes reasonable measures of disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
9.6 Luqrate Mobile may on prior written notice to the User inspect the User’s installation and User equipment to ensure compliance.
9.7 By signing up and submitting Personal Data to Luqrate Mobile, Users expressly agree to validation and verification methods such as two-factor authentication and/or multi-factor authentication, using Personal Data submitted, or such information as required by Luqrate Mobile from time to time. The method of verification used will be implemented at the discretion of the Luqrate Mobile.
10. Accounts and Registration
10.1 Free Consumer Registration
10.1.1 After accessing the Luqrate Site, click on “Register” below the Login button. You will be requested to supply your registration details including your name, surname, cell phone number and the Introducer Luqrate Pin.
10.1.3 Luqrate will send you a registration SMS containing your OTP. Using the details received you can now change your password to a new password for safekeeping.
10.1.4 Upon registration, you will receive access to a Free Consumer Account which you can upgrade to an E-spaza Account.
10.2 E-spaza Registration
10.2.1 Upon registration of your Free Consumer Account, you will have the option to upgrade to an E-spaza User Account,
10.2.2 To do this you will have to ensure that you have a minimum of R180.00 in your Luqrate Wallet, in that upon registrtion you shall also be required to purchase products and/or services worth of R180.00 in order to activate your e-Spaza account.
10.2.3 If you do not have sufficient funds in you Luqrate Wallet you can upload money into your Luqrate Wallet via Easy EFT or manual EFT, you can also make ATM cash deposit to Luqrate Mobile bank account as displayed on the Luqrate mobile app.
10.2.4 Click on the “Subscribe” buttom, to purchase your E-Spaza User License – R180.00 will instantly be deducted from your Luqrate Wallet.
10.2.5 From the R180.00 mentioned above, R60.00 shall purcchase airtime/data for the user’s own consumption, and the remaining R120.00 shall pay for E-Spaza user license fee of R120.00,
10.2.7 The R120.00 E-Spaza user license fee and R60.00 airtime/data are monthly recurring purchases and need to be renewed every 30 days to retain a qualifying E-spaza Account.
10.3 Reset / Forgot password
10.3.1 Reset your password, click on “Forgot password” above the login button. You will be requested to supply your cellphone number to which Luqrate will send an OTP.
10.3.2 Using the OTP received you can now change your password to a new password for safekeeping.
11. Luqrate Free Consumer Account
With a Free Consumer Account, the User receives the User License rights as set out in clause 4.1.1 hereof. This will enable you to buy strictly airtime and data for personal use. You will NOT share in any profits on the sale of any products purchased by yourself.
12. Luqrate E-spaza Account
12 Luqrate E-Spaza Account
12.1 The following words, expressions and definitions shall bear the meanings, rights and obligations set out next to them. The words, expressions and definitions are populated under this heading in this manner for ease of reference and logical flow of the subject matter but shall carry the same meanings, rights and obligations throughout the document regardless of its location.
12.1.1 E-spaza User License refers to the license issued to Users who have paid the R180.00 in respect of the user license fee as well as the airtime/data as stated in clause (10.2.5) hereof . This license provides the User with the right as set out in clause 4.1.2 hereof, to retail supported Third-Party Products and receive Proportional Earnings on the profits of successful transactions, connected to your Luqrate PIN for the Active Term. The E-Spaza User License gives the User access to the following:
18.104.22.168 Access to your own online spaza shop to sell approved third party products;
22.214.171.124 Easy to use integrated business management software to actively track your teams’ sales and manage your earnings with online detailed statements
126.96.36.199 Access to product inventory of approved Third Party Products; (no redundant or dead stock)
188.8.131.52 Direct online delivery and recharge function (no more door to door sales);
184.108.40.206 Secure Third-party online payment gateway;
220.127.116.11 Continuous Infrastructure and web development;
18.104.22.168 Client Support and Call Centre Services;
22.214.171.124 Access to none-tangible marketing material;
126.96.36.199 Access to the referral client base / spillover allocation.
12.1.2 Qualifying Criteria: To qualify for Proportional Earnings the E-spaza Account holder must:
188.8.131.52 Own a pre-paid phone or top-up contract with your network provider of choice.
184.108.40.206 Pay for user license fee of R120.00 per month; and
220.127.116.11 Purchase Airtime or Data to the value of R60.00 per month. It must be noted that only Airtime/Data and internet hosting form the Qualifying Criteria purchases.
12.1.3 Active Term: The E-spaza User License shall be active for a period of 30-days from the date of payment of R120.00 user license fee.
12.1.4 Third-Party Products shall include all Airtime, Data, Electricity, DSTV, internet [web] hosting.
12.1.5 Profit shall be the amount of money made on each successful transaction after the deduction of the Cost Price attributed to the product or service sold. Calculated as follows [Profits = Retail Price – Cost Price].
12.1.6 Cost Price shall be the price demanded by Suppliers for products and/or services at the point of purchase. It is understood that the Cost Price of products and/or services may fluctuate depending on purchase volume, as well as the supplier concerned.
12.1.7 Earning Percentage shall be the percentage of Profit associated with each product and Direct – or Indirect Downline as set out in the Earning Table.
12.1.8 Earnings Table sets out the Earning Percentages obtainable on possible Profits by an E-spaza License Holder subject to the terms and conditions of this agreement.
12.1.9 Propotional Earnings: The User shall earn a percentage of the Profit made on every successful sale of approved Third-Party Products purchased by the User and its Direct and Indirect downline. Kindly refer to the earning percentage obtained on profits of Third-Party Products, allocated to each level and type of purchase in Table 1 above. [Proportional Earnings = Product or service Profit x Earning Percentage]. Proportional Earnings, as well as the Profit made on each sale, shall be displayed on the Earnings Statement, found under the ‘My Transactions’ tab on the Homepage of the Luqrate Site.
12.1.10 Own Purchases refers to purchases made by the E-spaza License Holder, and not a Free Consumer User, on behalf of its mobile number and/or Luqrate PIN. This typically refers to purchases by license holder for their own consumption.
12.1.11 Merchant Sales refers to a purchase made by the E-spaza License Holder on behalf of a Third Party. This would typically relate to merchants selling products to the public using their own E-spaza account. The Profits generated by this type of transaction is not shared with your Direct- or Indirect Downline. The Profit generated from a successful merchant transaction shall be split with 70% of the Profits retained by the E-spaza User License holder and 30% retained by Luqrate Mobile.
12.1.12 Direct Downline refers to the 6 individuals directly registered and connected to your Luqrate PIN – also known as the User’s Level-1 subscriers. Each User is capped to a Direct Downline of 6 individuals.
12.1.13 Indirect Downline refers to the individuals registered and connected to the individuals of your Direct Downline.
12.1.14 Downline Cap: Proportional Earnings of a User will be limited to 7 levels deep and 6 centres wide. Consequently limiting the User’s earning reach to 6^7. Kindly refer to Table 12.2 below.
12.1.15 Spill-over occurs in the event of a User inviting more than six individuals to its downline. In the event of a spill-over, the Luqrate Site shall register the spill-over individual in the first open spot within your downline, following a top to bottom approach, until all indirect downlines as saturated.
12.2 Automatic Purchases: This refers strictly to payment of E-Spaza user license fee as well as the purchase of the initial R60.00 airtime/data on thirty-day intervals. These purchases will be automatically processed every month to ensure Users constantly meet all Qualifying Criteria. Subsequently, your Luqrate Wallet shall be debited with the amount of R180.00 upon expiry of your Active Term to:
12.2.1 for the payment of E-Spaza user license fee, at R120.00 monthly cost; and
12.2.2 R60.00 purchase of airtime or data for your own prepaid mobile number. It should be noted that the default setting for automatic recharge shall always be Airtime and not data.
12.3 Insufficient funds: In the event of insufficient funds or the Qualifying Criteria not being met, your E-spaza User Licence and right to Proportional Earnings will be suspended along with the accessibility of your website and all earnings accumulating whilst your E-spaza User Licence is suspended shall be forfeited.
12.4 Delayed Reactivation: Once the E-spaza User Licence is reactivated and the Qualifying Criteria is met, the User’s right to Proportional Earnings will be reactivated and the User shall be able to share in the Proportional Earnings of all transactions occurring from that time onwards. Notwithstanding this any transactions and by inference Proportional Earnings that accumulated during the suspension and or non-qualifying term shall be forfeited as set out in clause 12.3 above.
12.5 No Bank Debit-order authorisation: At no stage will any monies be deducted from the User’s official bank Account. Luqrate does not have any access to the official bank account of the User and does not and will not at any stage request any debit order authorisation or access.
12.6 Minimum Withdrawal: The minimum withdrawal rule dictates that a User shall not be allowed to withdraw any amount smaller than R100.00 per withdrawal transaction.
12.7 Account Closure: Luqrate E-Spaza Users may leave the business at any time and for any reason. After all, it’s your business the User may send a written request to Luqrate Mobile to disable its E-spaza User License and close its Luqrate Account by submitting their written request to firstname.lastname@example.org.
12.8 Withdrawal on account closure: The User may withdraw the full balance in its Luqrate Wallet, regardless of the balance, upon Account closure.
12.9 Bank and Administration Fees: The User herewith agrees and authorizes Luqrate to debit its Luqrate Wallet with:
12.9.1 R10.00 for each withdrawal requested by the User;
12.9.2 R50.00 admin fee upon Account closure
12.10 Removal of a Downline member: The User may remove a member of its Direct Downline, no Indirect Downline can be removed or changed. Users may submit a downline removal request in writing to email@example.com to remove Direct Downline who is not currently meeting the Qualifying Criteria and/or who has a suspended E-Spaza User License.
12.11 What happens to a vacant Direct Downline: The any vacant downline can be filled in one of two ways. (1) a new User registering directly under your Luqrate PIN (2) The Luqrate system allocates a Spillover individual from one of your up-lines into your Direct Downline.
13. Direct Selling Conduct
13.1 Prohibited Practices
Users (also, “Direct Sellers”) shall not use misleading, deceptive or unfair sales practices.
Direct sellers shall, without request, immediately and truthfully identify themselves to their consumers. They shall also identify Luqrate Mobile as the organization that they represent as well as the nature of the products and the purpose of their approach.
13.3 Use of Marketing Materials
The Direct Seller shall ONLY use the Approved Content (“Approved Content” includes, any marketing or promotional materials, media releases, advertisements or explainer content in any format). Approved Content shall be located on the Luqrate Site. Direct Sellers may share the Approved Content with consumers and may save for adding their Luqrate Pin and/or link to register in their Downline, which link shall be supplied to you on the Luqrate Site, under no circumstances amend, reproduce or transmit, whether by means of electronic, photocopying, recording or otherwise any part of the Approved Content.
13.4 Explanation and Demonstration
Direct Sellers shall offer consumers accurate and complete Product explanations and demonstrations regarding price, Qualifying Criteria, E-Spaza User Licence renewal terms, terms of payment, cooling-off period, terms of the guarantee and after-sales service. Direct Sellers shall give accurate and understandable answers to all questions from consumers. To the extent claims are made concerning product efficacy, Direct Sellers shall make only those verbal or written products or earnings claims that are authorised and endorsed by the Luqrate Mobile. Consumers shall have the right to all information in plain and understandable language.
13.5 Comparison and Denigration
13.5.1 Direct Sellers shall refrain from using comparisons, which are likely to mislead, and which are incompatible with principles of fair competition. Points of comparison shall not be unfairly selected and shall be based on facts, which can be substantiated.
13.5.2 Direct Sellers shall not unfairly denigrate any firm or product directly or by implication.
13.5.3 Direct Sellers shall not take unfair advantage of the goodwill attached to the trade name and symbol of another Luqrate Mobile or their products.
13.6 Complaints and Responsibility
In the event of a consumer complaining that a Direct Seller, in offering for sale the products of a member, has engaged in any improper course of conduct of the sales representation of its goods, the Luqrate Mobile shall promptly investigate the complaint and shall take such steps as it may find appropriate and necessary under the circumstances to assist with the redress of any wrongs which its investigation discloses to have been committed.
Direct Sellers shall not abuse the trust of consumers, shall respect the lack of commercial experience of consumers and shall not exploit a consumer’s age, illness, lack of understanding or lack of language knowledge.
14. Cooling-off Period
14.1 A User may cancel its E-Spaza User Licence without reason or penalty within 5 business days of the conclusion of its first E-Spaza User Licence agreement entered into. To claim cancellation under this clause 13, the User shall notify Luqrate Mobile in writing within the time prescribed, via email at firstname.lastname@example.org of its intention to cancel the transaction. Upon qualification, in terms of the Consumer Protection Act, 68 of 2009 and the Electronic Communications and Transactions Act 25 of 2002, and within 30 days of receiving the aforementioned cancellation, Luqrate shall refund the User it full E-Spaza User Licence fee.
14.2 Due to the nature of Third-Party Products and its immediate “installation”, “download”, “transfer” and/or “usage” airtime, data, electricity or DSTV payments successfully processed by the Luqrate Site cannot be refunded as we do not have remote access to your or any third-party’s systems to reverse the recharge or transaction. In the event of an unsuccessful transaction please refer to our Refund Policy.
15. Audit rights
16. Product Prices And Price Changes
Luqrate shall have the right to change the fees and prices of products and service at any time. Prices shall be effective from the date and time posted on the Website.
17. Refund Policy
17.1 Due to the nature of Third-Party Products and its immediate “installation”, “download”, “transfer” and/or “usage” airtime, data, electricity or DSTV payments successfully processed by the Luqrate Site cannot be refunded as we do not have remote access to your or any third-party systems to reverse the recharge or transaction.
17.2 However, in the unlikely event of an unsuccessful transaction or malfunction occurring e.g., your Account was not recharged with airtime, data, electricity or your DSTV payments was not successfully processed, while monies have been deducted from your Luqrate Wallet, please feel free give us a shout at email@example.com to resolve the malfunction.
18. Links To Third-Party Sites
18.1 Luqrate Mobile, and the services available through the Luqrate Site, may contain links to other third party websites, API’s or mobile applications, including (without limitation) social media platforms, payment gateways, or live chat platforms (“Third Party Sites”). If you select a link to any Third Party Site, you may be subject to such Third Party Site’s terms and conditions and/or other policies, which are not under the control, nor responsibility, of Luqrate Mobile.
18.2 Hyperlinks to Third Party Sites are provided “as is”, and Luqrate Mobile does not necessarily agree with, edit or sponsor the content on Third Party Sites.
18.3 Luqrate Mobile does not monitor or review the content of any Third Party Site. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
18.4 Users should evaluate the security and trustworthiness of any Third Party Site before disclosing any personal information to them. Luqrate Mobile does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
19. User – Hosted Environment
The User is prohibited from hosting and or duplicating the Luqrate Site to any environment, platform or server and may under no circumstances sell or resell any of the Luqrate products or services other than through the official Luqrate Site as provided and owned by us.
20. Updates & Upgrades
Luqrate may from time to time conduct updates and upgrades to the Luqrate Site, which may temporarily affect the use of the site. To the extent that the use of the site will be affected, Luqrate will as far as reasonably possible provide Users with prior notice of such updates and upgrades.
21. Intellectual Property Rights
21.1.1 Unless otherwise indicated, all website design, text and graphics are Copyright© 2020 Luqrate Mobile. All rights reserved. None of the materials may be copied, downloaded, displayed, posted, transmitted used or reproduced in whole or part in any form or by any means for any purpose unless such use is expressly permitted by us or by applicable copyright laws.
21.1.2 To the extent necessary in order to lawfully access and use the services available on this website, you are granted permission to display, download, save and to print portions of this website for non-commercial use only; provided that the materials are not modified and any reproduction contains all copyright and other proprietary notices contained in the materials.
21.1.3 Luqrate User Licence Holders may download and distribute materials in their endeavours to attract downline Users, provided that the materials have not been amended in any way, shape or form.
21.2.1 The User acknowledges Luqurate Mobile’s exclusive ownership of all trade names, brand names, trade symbols, logos, slogans, trademarks or services marks and renounces and acquires no right or title to or in.
22. Disclaimer, Limitation Of Liability And Indemnity
22.1 To the maximum extent permitted by law, we disclaim liability and the User indemnifies and holds us harmless for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected purchases, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however, caused and under any theory of liability arising out of or in connection with
22.1.1 use of this site, or the inability to use this site by any party; or
22.1.2 any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
22.1.3 line or system failure or the introduction of malicious code or viruses, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.
22.2 These limitations on liability and indemnities apply to the benefit of Luqrate Mobile and Luqrate Mobile’s Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to that of Luqrate Mobile.
23.1 During the Active Term, we warrant that the Luqrate Site will operate and function as set out in these Terms, as would be expected under normal use.
23.2 Notwithstanding the aforementioned, we do not warrant that:
23.2.1 Products and/or services will be free from defects;
23.2.2 Products and/or services will satisfy the User’s requirements;
23.2.3 Products and/or services will operate without interruption or error.
23.3 Luqrate Mobile shall use all reasonable efforts to remedy and repair any significant non-conformances reported to us that can be reasonably identified and confirmed.
23.4 Users warrant that data sent or actions preformed or requested on the Luqrate Site from any electronic device, used by such User, from time to time or owned by such User, were sent and or authorised by such User, personally.
24. Dispute Resolution
Any dispute arising as a result or in connection with these Terms or in connection with your use of the Luqrate Site, which cannot be resolved by good faith negotiations between us shall be referred to mediation or arbitration before litigation
In the event of any one or more of the provisions of this agreement being, for any reason, invalid, illegal or unenforceable, in whole or in part or in any respect, or if any one or more of the provisions of this agreement operates or would prospectively operate to invalidate this agreement, then and in any such event, such provision(s) only will be deemed null and void and will not affect any other provision of this agreement and the remaining provisions of this agreement will remain operative and in full force and effect and will not be affected or prejudiced thereby.
26. General Matters
26.1 Assignment: You may not assign or transfer, by operation of law or otherwise, any of its rights under this Agreement to any third party without Luqrate Mobile’s prior written consent; any attempted assignment or transfer in violation of the foregoing will be void.
26.2 Force Majeure: Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to events which are beyond the reasonable control of such party, including but not limited to any strike, blockade, war, an act of terrorism, riot, natural disaster, failure or diminishment of power, telecommunications or data networks or services, or refusal of approval or a license or right to operate by a government agency or industry regulator
26.3 Domicilium: You nominate the address, electronic mail and cell phone number as provided on your User profile as the addresses where you shall receive all communications, legal documents and notices.
26.4 Deemed Receipt: Any notice to be given by either Party to the other shall be deemed to have been duly received by the other Party – if delivered to the addressees:
26.4.1 At its chosen Physical Address by hand during business hours on a business day, on the date of delivery thereof; or
26.4.2 by electronic mail or text message, Data Messages (as defined in the ECT Act) will be deemed to have been received by Luqrate Mobile if and when Luqrate Mobile responds to the Data Messages.
26.4.3 Data Messages sent by Luqrate Mobile to a User will be deemed to have been received by such User when successfully in terms of the provisions specified in section 23(b) of the ECT Act.
26.4.4 Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between Users and Luqrate Mobile.