Lov.cash General Terms and Conditions of Use
Please read the following General Terms and Conditions of Use carefully before applying to register as any category of user. You should also read them before using, accessing, browsing, downloading or interacting with any Lov.Cash Platform. These platforms include the Lov.Cash Website, Lov.Cash mobile applications and any associated service offered by Lov.Cash on any device. You should also consider very carefully the paragraphs in these General Terms and Conditions that appear in bold font. These paragraphs contain terms
- where you are required to take on a risk;
- which may limit any of your rights;
- which require you to provide specific acceptances of fact or warranties; or
- which either limit or exclude the fault of Lov.Cash or its ability to protect itself.
If any person uses, accesses, browses, downloads or interacts in any other way with any Lov.Cash Platform (i.e. its website, mobile applications or any associated service(s)), they will be considered to have read all of the provisions in this document and understood their importance. This person will also be considered to have agreed to be committed to these General Terms and Conditions. The provisions in this document include, without any limit, the paragraphs in bold font. Nothing in these general terms and conditions is intended to restrict, limit or avoid in an unlawful manner any rights or obligations created in terms of the Consumer Protection Act No. 68 of 2008, where this Act applies to consumers’ rights or obligations.If you do not agree to be committed to the terms and conditions set out in this document, do not use, access, browse, download or interact in any way with any Lov.Cash Platform.
In this document, paragraph headings are used for convenience only and they must not be used when interpreting the document.
- Unless the context clearly indicates a different meaning or intention, an expression that means
- ~any gender includes the other genders;
- ~a natural person includes an artificial or a juristic person and an artificial or a juristic person includes a natural person; and
- ~the singular includes the plural and the plural includes the singular;
- Unless the context clearly indicates a different meaning or intention, the following expressions have the meanings given to them below and related expressions have corresponding meanings –
- ~"Additional Documents" – collectively, these are the written policies, rules, schedules and other documents issued and amended by Lov.Cash; these documents apply to all Users who are registered with Lov.Cash; they also apply generally to all Persons who make Use of the Lov.Cash platforms (which are available on the Lov.Cash website); and at the Commencement Date (that is, the date on which the terms of the Agreement between You and Lov.Cash come into effect) these documents include the –
- ~~Lov.Cash Payment Schedule;
- ~~Lov.Cash Operating Rules;
- ~~Lov.Cash Rewards Schedule; and
- ~~Lov.Cash Rewards Schedule; and
- ~"Affiliate" of a specific Entity ("Specified Entity") means –
- ~~each Entity that is either directly or indirectly Controlled by the Specified Entity; and
- ~~each Entity that is either directly or indirectly Controlled by the Specified Entity; and
- ~~each Entity that is either directly or indirectly Controlled by the Specified Entity; and
- ~"Agent" – is a User that is registered with Lov.Cash; that Lov.Cash identifies as being an "Agent"; and that is given the rights and powers to do the functions that are detailed and designated as being specifically only for use by Agents in the Agent Terms and Conditions (this document may be accessed on the Lov.Cash website);
- ~"Agreement" – is the agreement that governs the relationship between You and Lov.Cash; the agreement includes Your obligations towards Lov.Cash, the Lov.Cash Platforms that You are allowed to Use, the Exchanges that You are allowed to process and/or be a party to; and generally all things associated with Your Use of the Lov.Cash Platforms and their various functions and features and the associated support services provided by Lov.Cash; the agreement collectively comprises the following documents –
- ~~these General Terms;
- ~~these General Terms;
- ~~the Designated User Terms that are particularly applicable to You in connection with the position or positions in which You are registered with Lov.Cash;
- ~"Applicable Laws" – in relation to either Party, includes all statutes, subordinate legislation, common law, regulations, ordinances, by-laws, directives, codes of practice, circulars, guidance or practice notices, judgments, decisions, standards and similar provisions –
- ~~that are set, adopted, made, published or enforced by any Relevant Authority; and
- ~~with which that Party is obliged to comply (or was or will be obliged to comply) at the relevant time referred to in these General Terms;
- ~"Business Day" – any day that is not a Saturday, a Sunday or an official public holiday in South Africa;
- ~"Commencement Date" – the date on which the terms of the Agreement between You and Lov.Cash came into effect, as intended in paragraph 2 below;
- ~"Control" – must be interpreted in accordance with section 2(2) (as read with section 3(2)) of the Companies Act No. 71 of 2008, as amended or substituted; and "Controls" and "Controlled" must be interpreted correspondingly;
- ~"CZAR" – is the blockchain-based token “virtual asset” created and issued by Lov.Cash; it is linked to the South African Rand and has the properties and functions described in Annexure A of this document;
- ~"CZAR Wallet" – is a digital wallet that is created, hosted and issued to a User when Love.Cash registers the User successfully; the wallet is directly linked to that User's Lov.Cash Account; and subject to the terms of the Agreement, it enables that User to store, track, send, exchange and generally manage the CZAR that is received, held and Used by that User in order to put into action the particular rights, powers and permissions that Lov.Cash gives to that User;
- ~"Designated User Terms" – collectively, these are the written terms and conditions issued and amended by Lov.Cash; these terms set the obligations of Lov.Cash and the rights, powers and permissions given by Lov.Cash to each particular category of registered User (these rights, powers and permissions are available on the Lov.Cash website); at the Commencement Date, these terms include the –
- ~~Lov.Cash Business Terms and Conditions;
- ~~Lov.Cash Agent Terms and Conditions; and
- ~~Lov.Cash Personal User General Terms and Conditions;
- ~"Exchange" – is any exchange that is(i) processed through one or more of the Lov.Cash Platforms and (ii) involves the transfer of CZAR or the exchange of CZAR for ZAR (as set in the CZAR Terms and Conditions attached to this document as Annexure A), Business goods and services or any other medium of exchange that may be allowed to be traded on the Lov.Cash Platforms (iii) between two Users that Lov.Cash allows to enter into this exchange;
- ~"FICA" – is the Financial Intelligence Centre Act No. 38 of 2001, as amended or substituted;
- ~"Personal User" – is a User who is registered with Lov.Cash and whom Lov.Cash has identified as being a "Personal User"; this User is therefore given the rights and powers to do the functions that are described as being specifically only for use by Personal Users in the PersonalUser Terms and Conditions (which may be accessed on the Lov.Cash Website);
- ~"General Terms" – this written document, together with its annexures, as amended or substituted;
- ~"Intellectual Property" – includes all intellectual property and intellectual property rights; and this property and these property rights include, without any limit, the following in any location or jurisdiction worldwide and whether they are registered or not –
- ~~all inventions (whether or not they are patentable) and all improvements to them, whether or not they are reduced to practice; and all patents, patent applications and patent disclosures, together with all their revisions, extensions and re-examinations;
- ~~all trademarks, service marks, trade dress, logos, trade names and corporate names (including all domain names; internet and intranet names, addresses, icons; and other labels useful to identify or locate a company or a business on a computer network, such as the world wide web), together with all translations, adaptations, derivations and combinations; and including all goodwill associated with them and all applications, registrations and renewals in connection with them;
- ~~all works capable of or under copyright and all applications, registrations and renewals in connection with them;
- ~~all trade secrets and business information, including ideas, research and development, know-how, formulas, compositions; manufacturing and production processes and techniques; technical data, designs, drawings, specifications; customer and supply lists; pricing and cost information; and business and marketing plans and proposals;
- ~~all computer software (including data and related documentation);
- ~~all patterns and/or designs and design applications and registrations;
- ~~all other proprietary rights; and
- ~~all copies and tangible embodiments of copies, in each instance in whatever form or medium they exist;
- ~"Losses" – are actual or dependent losses, liabilities, damages, expenses and costs of any kind, including legal costs on the attorney and own client scale and any additional legal costs which have to be paid or are reasonably incurred;
- ~"Lov.Cash" – is Lov.Cash Proprietary Limited (registration number 2008/027698/07), a private company incorporated in South Africa, and each Affiliate of Lov.Cash;
- ~"Lov.Cash Account" – is a digital account created and hosted by Lov.Cash and issued to a User when they successfully register with Lov.Cash; this account is directly linked to that User's personal identity particulars, SSOID and CZAR Wallet(s); the account must be accessed by that User through one or more of the Lov.Cash Platforms so that the User can do the functions that Lov.Cash allows it to do; and generally use the various information, contents, functions and features which are accessible on the Lov.Cash Platforms that the User is allowed to Use;
- ~"Lov.Cash Mobile Applications" – are, collectively, the mobile applications offered by Lov.Cash on which, amongst other things, Exchanges can be processed and various other content, functions and features related to processing Exchanges may be accessed; these mobile applications may be downloaded on the mobile application stores that Lov.Cash allows to offer one or more of the mobile applications; and "Lov.Cash Mobile Application" will mean any one of them, depending on the context;
- ~"Lov.Cash Platforms" – are, collectively all digital, electronic, web-based, Cloud-based or other form of platform that are owned by or licensed to Lov.Cash; the Lov.Cash Platforms include all general and technical support and management information, contents, functions, features and services that are made available on these platforms and/or provided either by Lov.Cash either directly or indirectly in connection with these platforms; the Platforms also include the various functions that may be done on and/or by making use of platforms of this kind and which, at the date of these General Terms, include the Lov.Cash Website and the Lov.Cash Mobile Applications; and "Lov.Cash Platform" will mean any one of them, depending on the context;
- ~"Lov.Cash Website" – is the official website of Lov.Cash and includes the related content, materials and information available or accessible on the website; at the date of these General Terms, this website may be accessed through one or more of these URLs: (i) "www.lovcash.com"; (ii) "www.lovcash.co.za"; and/or (iii) "www.lov.cash";
- ~"Business" – is a User that is registered with Lov.Cash and that Lov.Cash identifies as being a Business; a Business is therefore given the rights and powers to do the functions that are detailed and designated as being specifically only for use by Business in the Business Terms and Conditions (which may be accessed on the Lov.Cash Website);
- ~"Notification" – is any official notice sent to You by or on behalf of Lov.Cash in connection with anything under the Agreement; this type of notice may be sent to You through push-notification on Your mobile device through a Lov.Cash Mobile Application, an SMS to the mobile number or an email to the email address You provided on Your Registration Form;
- ~"Participating Platform" – is any digital, electronic, cloud-based or other form of platform that is hosted by a Participating Third party; the Participating Platform may be accessed by certain designated Users through one or more of the Lov.Cash Platforms, as indicated in paragraph 14 below;
- ~"Participating Third party" – is any third party host and/or owner of a Participating Platform, as indicated in paragraph 14 below;
- ~"Parties" – collectively, are Lov.Cash and You, and "Party" will mean either Love.Cash or You, depending on the context;
- ~"Person" or "Entity" – includes any natural or juristic person, association, business, close corporation, company, concern, enterprise, firm, partnership, joint venture, trust, voluntary association, body corporate; either includes any similar entity, in any jurisdiction;
- ~"Personal Information" – is Personal Information as defined in the POPI Act;
- ~"POPI Act" – is the Protection of Personal Information Act No 4 of 2014, as amended or substituted;
- ~"Process" – concerning the Personal Information of any Person, is a Process as defined in the POPI Act;
- ~"Relevant Authority" – is any competent court or regulatory or other authority; or it is any local, provincial or national government authority, body or department; or it is any inter-governmental or supra-national organisation or any self-regulatory authority, body or organisation;
- ~"Representatives" – are, collectively, Lov.Cash's affiliates, professional advisors, contractors, suppliers, service providers, employees, officers, directors, agents and similar representatives;
- ~"South Africa" – is the Republic of South Africa;
- ~"South African Rand" or "ZAR" – is the official currency of South Africa;
- ~"SSOID" – is the unique "single-sign-on identity" that Lov.Cash gives to a User, along with a unique security password generated by Lov.Cash for that "single-sign-on-identity”, when the User registers successfully with Lov.Cash; the User must use the SSOID and the password in combination in order to access their Lov.Cash Account(s);
- ~"Use" – includes accessing, browsing, downloading, trading in, using to advantage or doing anything directly with any Lov.Cash Platform; and the terms "Uses" and "Using" have corresponding meanings;
- ~"User" – is a Person who has been registered with Lov.Cash and issued with a Lov.Cash Account; a User is therefore given certain rights and powers and is allowed to do certain functions in connection with certain Lov.Cash Platforms and/or Exchanges in terms of that Person’s agreement with Lov.Cash; at the Commencement Date, a User includes Personal Users, Business users and Agents;
- ~"Commitments" – are, collectively, the commitments, claims and similar assurances You give in paragraph 16 below and elsewhere in these General Terms; they include any other document that forms part of the Agreement; and "Commitment" will mean any one of them, depending on the context;
- ~"You" – is the User whose particulars are recorded in Your Registration Form and who has concluded the Agreement with Lov.Cash; and
- ~"Your Registration Information" – is the correctly completed official registration information You have handed completed on the Lov.Cash platforms with the relevant supporting documents during Your application for registration; the registration information will be correct for the category of User You are registered as with Lov.Cash; the registration information is attached to the relevant Designated User Terms that correspond directly to Your registration;
- any reference to any statute, regulation or other legislation is a reference to that which was in force at the Commencement Date, as amended or substituted;
- if any provision in a definition is a substantive provision that gives a right or imposes an duty on either Party, then, despite its occurring only in a definition, that provision must be given effect as if it were a substantive provision in the body of these General Terms;
- where any term is defined in a particular paragraph other than paragraph 1, that term will have the meaning attributed to it in that paragraph wherever it is used in these General Terms;
- where any number of days is to be calculated from a particular day, that number must exclude the particular day and start on the next day. If the last day of that calculated number occurs on a day that is not a Business Day, the last day will be considered to be the next succeeding day that is a Business Day;
- any reference to days (other than a reference to Business Days), months or years will be a reference to calendar days, calendar months or calendar years, respectively;
- any term which refers to a South African legal concept or process (for example, “without limiting the foregoing”, “winding-up” or “curatorship”) will be considered to include a reference to the equivalent concept or process in any other jurisdiction in which these General Terms may apply or to the laws a Party may be or become subject to; and
- the use of the word "including", "includes" or "include" followed by a specific example or examples will not be interpreted as limiting the meaning of the general wording preceding it; and the rule that where a class of things is followed by general wording, the general wording is usually restricted to things of the same type as the listed items will not be applied in interpreting general wording or specific example or examples of this kind.
2. YOUR AGREEMENT WITH LOV.CASH
- With effect from the date on which You receive a Notification confirming that You have been successfully registered with Lov.Cash (the "Commencement Date") You enter into a legally binding contractual Agreement with Lov.Cash. This applies whether You register as a Personal User, a General Agent, a Super Agent, a Master Agent, a Business or any other category of registered which Lov.Cash may in future permit You to be registered as.
- Despite paragraph 2.2 above, if You Use any Lov.Cash Platform (including any of its features and functionality and the associated support services) without being registered with Lov.Cash or allowed by Lov.Cash to Use that Lov.Cash Platform, then, even if You have not made an application for registration as a User to Lov.Cash and/or You are not registered with or allowed to Use that Lov.Cash Platform, –
- ~You enter into an Agreement with Lov.Cash, which will include the relevant Designated User Terms that apply to the Use not permitted that is indicated in paragraph 2.2 above; this Agreement is legally binding on You and applies to every way in which You Use the Lov.Cash Platform;
- ~the Commencement Date of the Agreement will be the date on which You are first allowed to make Use of the Lov.Cash Platform; and
- ~You will break the Agreement seriously enough to end it and Lov.Cash may take steps in terms of these General Terms and any Applicable Law as a result of Your unregistered and/or non-permitted Use of the Lov.Cash Platform(s); these steps could include claiming for damages against You in a competent court of law with jurisdiction, permanently banning You from Using any Lov.Cash Platform in future and seizing all CZAR that You may hold, either directly or indirectly, in any CZAR Wallet; regarding this breaking of the Agreement, Lov.Cash refers You to the provisions of section 11(3) of the Electronic Communications and Transactions Act, No 25 of 2002, as amended or substituted.
- The provisions of these General Terms be equal to a contract for the benefit of a third person in favour of each of the Lov.Cash Affiliates; and each Affiliate of Lov.Cash may accept the benefits given to it by these General Terms by sending a Notification to that effect to You.
3. DESIGNATED USER TERMS, ADDITIONAL DOCUMENTS AND CONFLICT BETWEEN AGREEMENT DOCUMENTS
- Lov.Cash informs you that, in addition to these General Terms, the Agreement between You and Lov.Cash consists of the following documents; in addition, Your Use of any of the Lov.Cash Platforms will at all times be governed by these documents, that is –
- ~the Additional Documents (as listed in paragraph 1.2.1 above) issued and amended by Lov.Cash; and
- ~the relevant Designated User Terms issued by Lov.Cash directly for the category of User which You are registered as with Lov.Cash, as amended or substituted.
- If there is a conflict between any provision of these General Terms (be it express or implied) and a provision of any Additional Document or Designated User Terms that form a part of the Agreement, the provisions of the Additional Document or Designated User Terms will apply/overrule, provided that, if –
- ~any provision of these General Terms merely supplements, but is not inconsistent with, the Additional Document or Designated User Terms; or
- ~the provisions of that Additional Document or those Designated User Terms provide for these General Terms to overrule those, then the provisions of these General Terms will overrule them.
4. CHANGES TO THE AGREEMENT DOCUMENTS
- To the full extent allowed under any Applicable Laws, Lov.Cash reserves the right, without giving you any advanced personal Notification, –
- ~to amend the provisions of each of the documents that form a part of the Agreement, or to substitute any of the documents, by publishing updated versions on the Lov.Cash Website; and
- ~to issue further Additional Documents and/or Designated User Terms that will apply You; it will do so by publishing them on the Lov.Cash Website, (Each of these documents that Lov.Cash issues and publishes in the manner described above will be referred to as a "Published Document".)
- Each Published Document will come into effect on either (i)the date on which Lov.Cash publishes the document on the Lov.Cash Website or (ii)where the commencement date of that document is clearly recorded in the document, the date recorded on this document (whichever is later in time) (this date will be the "Effective Date" of that document). In order to avoid doubt, if You continue to Use the Lov.Cash Platform(s) after the Effective Date of the Published Document, Your continued Use will be considered to indicate that You have read and understood the terms of that document and agree to be committed to them. This term applies also to your continued use of the particular functions and/or features and/or the associated support services provided by or on behalf of Lov.Cash in connection with the Love.Cash Platform(s) to which the Published Document relates. In this regard, each Published Document will automatically be incorporated into Your Agreement with Lov.Cash; and You will be legally committed by the terms of that document with effect from the date on which You Use the Lov.Cash Platform(s) without Your needing to accept them formally or Your receiving further Notification. This term will also apply to the particular functions and/or features to which the Published Document relates.
- Whenever a Published Document is issued by Lov.Cash, You will receive a Notification containing the details of the document. The Notification will also inform You to familiarise Yourself with the terms of the document before making any Use of the Lov.Cash Platform(s) or the particular features and/or functions of and/or the associated support services provided by or on behalf of Lov.Cash in connection with the Lov.Cash Platform(s) to which the Published Document relates. But Lov.Cash informs You that any failure by it to send such a personal Notification to You will not be breaking the Agreement by Lov.Cash. You are therefore advised to check the Lov.Cash Website regularly for any Published Documents that may have been issued.
5. USER RIGHTS
Despite anything different that may be recorded in these General Terms or in any other document forming part of the Agreement, You accept that You will not be allowed to, and You unconditionally undertake not to –
- receive, transfer, exchange, hold, sell, or do anything involving the use of CZAR –
- ~unless You are registered with Lov.Cash and are allowed to take this action; and Your registration and/or authority has not been paused or ended at the time that You take this action; and
- ~other than by making Use of the correct Lov.Cash Platform indicated by Lov.Cash for taking this action and in the manner set down in the Agreement; or
- Use any of the Lov.Cash Platforms, put into action any of the rights, do any of the functions, or generally take any of the actions detailed and clearly described by Lov.Cash in the –
- ~Personal User Terms and Conditions as being specifically given to or only for Use by Personal Users, unless You are registered with Lov.Cash as a Personal User;
- ~Business Terms and Conditions as being specifically given to or only for Use by Business user unless You are registered with Lov.Cash as a Business; or
- ~Agent Terms and Conditions as being specifically given to or only for Use by Agents unless You are registered with Lov.Cash as an Agent,
and allowed to put into action these rights, do these functions or generally consider these actions and this registration or permission not be ended or put on hold at the time that You do so.
6. USER APPROVALS AND PERMISSIONS
By accepting these General Terms, You –
- give up and transfer all rights and allowances to the CZAR held in Your CZAR Wallet(s) that You have hosted with Lov.Cash to Lov.Cash; and You allow Lov.Cash to deduct any amounts that enable You to comply with Your duty to pay under the Agreement; these duties include the payment of any Service Fees that may be charged to You in accordance with the Lov.Cash Service Fee Schedule; the duties also include any repayment duties that You may have towards another User with which You have concluded any Exchanges;
- allow Lov.Cash to debit an amount, in the first place (in applicable circumstances), from Your other CZAR Wallet(s) where Your nominated CZAR Wallet does not contain sufficient CZAR to pay any amount that may be outstanding in terms of the Agreement; and where outstanding CZAR still remains, in the second place you allow Lov.Cash to debit the bank account You have registered with Lov.Cash for receiving cash that is due to You for any reason under the Agreement.
7. KYC COMPLIANCE
- You agree, as a material duty and as soon as You receive a Notification from Lov.Cash requiring You to do so, that You will promptly hand over to Lov.Cash any KYC Documents and Information that Lov.Cash requests You to hand over. In this regard –
- ~You accept and agree that, if You fail to hand over any KYC Documents and Information when You are requested by Lov.Cash to do so, You will be break Your duties under Your Agreement with Lov.Cash seriously enough to end it; and that Lov.Cash may take any steps that it can as a result of this kind of break (as intended in paragraph 19 below); these steps may include, without limit, putting on hold Your registration(s) with Lov.Cash or Your ability to Use any Lov.Cash Platform (or any part function or feature of it) until the time as You have handed over the requested KYC Documents and Information; and
8. ADDITIONAL REGISTRATIONS
- In addition to Your current registration with Lov.Cash, You may also apply to Lov.Cash to register as another category of User offered by Lov.Cash ("Additional Registration") provided that –
- ~You fulfil the fitness standards set by Lov.Cash for registration as that particular category of User;
- ~Lov.Cash has not banned You from being registered as that particular category of User; and
- ~You follow the on-boarding or registration process and hand over the relevant information and supporting documentation to Lov.Cash that are set by Lov.Cash to register as the category of User that You wish to be registered as.
- The fitness standards and on-boarding or registration process to be followed in order to register as a category of User will be published and amended by Lov.Cash on the Lov.Cash Website. Before handing over Your application to Lov.Cash, You should familiarise Yourself with the relevant fitness standards and on-boarding or registration process set for the category of User You wish to apply to be registered as.
- By applying for registration to Lov.Cash, You allow Lov.Cash to make any enquiries that Lov.Cash considers necessary to verify Your personal identity and the correctness of the information handed over by You; it may do so either directly or indirectly through one or more third parties, and at any time while the Agreement between You and Lov.Cash remains valid; Mpv.Cash may also do so to protect itself generally against fraud or the abuse or unlawful Use of any of the Lov.Cash Platforms; these enquiries may include –
- ~sending enquiries to the Relevant Authorities relating to Your identity information contained in public reports (e.g. Your name, address, past addresses or date of birth);
- ~sending enquiries to the correct third party or third parties about the account information associated with any linked bank account (e.g. registered account holder name, account balance, etc.); and
- ~taking any action as Lov.Cash may reasonably consider to be necessary, based on the results of these enquiries and reports.
- You further allow any third party to which these enquiries or requests may be sent to respond fully to the enquiries or requests; and you undertake, as a material duty, to hand over immediately to Lov.Cash any additional documents or information relating to Your personal identity that Lov.Cash may request You to hand over for the purposes outlined in this paragraph 8.3 when Lov.Cash requests You to do so.
- Your application for Additional Registration is an offer to do business with Lov.Cash and, in this regard, –
- ~Lov.Cash is entitled, on its own, to decide whether or not to accept this offer;
- ~Lov.Cash will not be required to provide reasons (written or in any other form) for any rejected application; and
- ~Lov.Cash will not be responsible, to any extent, for any Losses of any nature that You or any third party may suffer as a result of Your application for any Additional Registration being rejected.
- Should Your application for Additional Registration be successful, the relevant Designated User Terms that are issued by Lov.Cash and which are applicable to that particular Additional Registration will automatically be incorporated into and form a part of the Agreement; and You will be committed to the provisions of the Designated User Terms with effect from the date on which Your Additional Registration is confirmed by Lov.Cash; this will not require you to accept the Designated User Terms formally. In this regard, in the event –
- ~of a conflict between the Designated User Terms set for that Additional Registration and the terms of any other document Designated User Terms that form part of the Agreement, the terms of the Designated User Terms that impose a higher or stricter standard of compliance will overrule the other terms; and
- ~that You break any of the terms of the Designated User Terms set for that Additional Registration, You will be in breach of the Agreement and Lov.Cash may take the steps available to it under the Agreement (as intended in paragraph 19 below) and/or any Applicable Laws as a result of this break.
9. YOUR SSOID AND SECURITY PASSWORD
- Your SSOID is unique to You. It is directly linked to Your Lov.Cash Account(s). You will be required to confirm Your unique SSOID (and enter the security password generated by Lov.Cash and issued to You together with Your SSOID) whenever You access Your Account(s) through one or more of the Lov.Cash Platforms.
- Unless You can provide satisfactory different proof, all activity conducted on or through Your personal Lov.Cash Account(s) or any Lov.Cash Platform (including any Participating Platform) using Your unique SSOID will be considered to be activity conducted by You personally. You must therefore treat Your SSOID and security password as highly confidential.
- You must inform Lov.Cash immediately you become aware of or suspect a case of any Use, disclosure and/or misuse of Your SSOID that has not been allowed.
- Lov.Cash will not be responsible at all for any Losses of any nature that You or any third party may suffer as a result of any non-permitted or fraudulent Use of Your SSOID.
10. SERVICE FEES
- Lov.Cash may charge You service fees in connection with Your Use of one or more Lov.Cash Platforms and the Exchanges that You process on them or are a party to ("Service Fees") in accordance with the "Lov.Cash Service Fee Schedule", as amended or substituted; the Service Fees will be published by Lov.Cash on the Lov.Cash Website.
- Lov.Cash reserves the right to amend the Service Fees recorded in the Lov.Cash Service Fee Schedule by publishing an amended Service Fee Schedule; this will be done in accordance with paragraph 4.1 above, and the provisions of paragraphs 4.2 and 4.3 above will apply to each amended Service Fee Schedule.
- You allow Lov.Cash to deduct the relevant Service Fees without the need for any further permission by You or Notification to You. The deductions will be made as and when the Service Fees become payable as intended in the Lov.Cash Service Fee Schedule, from the CZAR Wallet corresponding to Your Lov.Cash Account for which the Service Fees are being charged.
- Lov.Cash will process all Exchanges according to the instructions and information You hand over when You process those Exchanges. Lov.Cash does not guarantee the identity of any User, receiver, requester or other party to Exchanges. You must therefore verify all information relating to each Exchange before You send any instructions to Lov.Cash to process an Exchange.
- The anticipated time periods for processing any particular Exchange may be specified by Lov.Cash. But if an Exchange is flagged by the Lov.Cash security and fraud-detection systems as potentially containing (as indicated in paragraph 15 below), or if Lov.Cash suspects that the particular Exchange contains any elements of Prohibited Use ("Flagged Exchange"), the processing of that Flagged Exchange will put on hold. This will be done to give Lov.Cash sufficient time to put into action out its security and fraud-protection processes. Where Lov.Cash has carried out these processes and finds that the particular Flagged Exchange –
- ~is in compliance with the Agreement and the Applicable Laws, Lov.Cash will resume processing the Flagged Exchange to completion;
- ~or any part of it breaks the terms of the Agreement, Lov.Cash will take any action that it can take under the Agreement (as indicated in paragraph 19 below and/or or any Applicable Laws) as a result of the breach; or
- ~or any part of it, breaks any Applicable Laws, including the use of fraudulently obtained funds, Lov.Cash will, where applicable, report these suspected fraudulent activities to the Relevant Authorities, put on hold Your Lov.Cash Account(s) and disable Your ability to process Exchanges until the time that the Flagged Exchange has been cleared of suspicion by the Relevant Authorities; or, if the Relevant Authorities confirm that the Flagged Exchange did in fact involve breaking the Applicable Laws, end the Agreement (as indicated in paragraph 19 below).
- Lov.Cash will not be responsible for any Losses of any nature that may be suffered by You or any third party in connection with any Exchange entered into between You and any User; these would include Losses as a result of –
- ~Your recording or confirming the wrong amount of CZAR being transferred or exchanged by You in a particular Exchange when You are prompted to do so; or
- ~Your exchanging more ZAR than You are required to exchange as a part of a particular Exchange.
- Should You not be satisfied with any Exchange completed between You and another User, or wish to dispute any part of this Exchange, –
- ~You must report the particular details of the dispute to Lov.Cash, through one or more of the Lov.Cash Platforms, so as to enable Lov.Cash to monitor the progress of the dispute; and
- ~You will be allowed only to look for compensation from the other party to the Exchange and Lov.Cash will not have to decide on any disputes of this nature.
12. AGENTS AND BUSINESSES
All registered Users are independent third parties that are registered with and allowed by Lov.Cash to do certain functions through one or more of the Lov.Cash Platforms. Unless Lov.Cash clearly states it differently in writing, no User is an Affiliate, employee, agent or representative of Lov.Cash; and Lov.Cash does not give any promises, assurances or claims regarding any User or the Exchange(s) that You may enter into with any User. Therefore, Lov.Cash will not be responsible for any Losses that You or any third party may suffer or incur as a result of the actions of any other User.
13. LOV.CASH CZAR WALLET
The Lov.Cash CZAR Wallet service is available only in connection with CZAR. Under no circumstances should You attempt to Use a CZAR Wallet(s) to store, send, request or receive digital currencies in any form that is not supported and expressly allowed by Lov.Cash. Therefore, any attempt by You to Use Your CZAR Wallet(s) or any Lov.Cash Platform either directly or indirectly for any digital currencies not allowed by Lov.Cash, or which the Lov.Cash Platforms do not support, will be subject to the denials, protections and any limits of fault or debt indicated in paragraph 18 below.
14. PARTICIPATING PLATFORMS
- On its own, Lov.Cash may allow one or more categories of User to Use their SSOID to access one or more Participating Platforms that are hosted or owned by Participating Third Parties. These would be third parties with which Lov.Cash has partnered or entered into another business arrangement to provide access to these Participating Platforms. In the case of each Participating Platform, –
- ~You will be allowed to access this platform using Your SSOID only if You are correctly registered as the category of User that Lov.Cash clearly allows to do so;
- ~all activities that You conduct on a Participating Platform will be monitored by Lov.Cash and/or the relevant Participating Third Party; and those activities will be linked directly to Your SSOID and Lov.Cash Account(s); the provisions set out in paragraph 9 above will therefore apply to all those activities;
- ~Your Use of a Participating Platform and all the activities You conduct on it will be governed by –
- ~~the Agreement; and
- ~~the terms and conditions, if any, issued by the relevant Participating Third Party for the Use of the relevant Participating Platform ("Participating Platform Terms"); and You agree to be committed to and agree to comply with these terms and conditions as a material duty under these General Terms; and
- ~should You break any provision of the terms and conditions set for the use of that platform, You will be in breach of Your Agreement with Lov.Cash; and Lov.Cash may take any steps that it can under the Agreement (as indicated in paragraph 19 below and/or any Applicable Laws) as a result of your breach.
- You accept that each Participating Third Party is solely responsible for the Participating Platform that they offer; this includes the information, Intellectual Property, features, functions and content that are accessible on it. Therefore, Lov.Cash does not accept any blame or other responsibility, or give any guarantee, commitment or similar assurance of any sort, to You regarding Your Use of any Participating Platform; and any Use by You of these Participating Platforms will be subject to the denials, protections and any limits of debt or fault indicated in paragraph 18 below.
- Should You give permission to a Participating Third Party to access, connect to or do anything with Your Lov.Cash Account(s), whether through the Participating Platform or through one or more Lov.Cash Platforms, –
- ~You accept that Your giving permission to a third party to take specific action on Your behalf does not relieve You of any of Your duties under the Agreement;
- ~You will remain solely responsible for all acts or things not done committed by any third party Using Your Lov.Cash Account(s); and
- ~You accept and agree that the denials, indemnities and any limits of debt or fault recorded in paragraph 18 below will apply to any permission You give to any Participating Third Party or any other third party to access Your Lov.Cash Account(s).
15. PROHIBITED USE
- Under no circumstances may any Lov.Cash Platform or Participating Platform, or any associated part, feature or service offered by Lov.Cash and/or a Participating Third Party, be either directly or indirectly Used for, as a part of, any act that –
- ~breaks any Applicable Laws or has the potential to break any Applicable Laws; these include, but are not limited to, any acts that –
- ~~involve the use or transfer of ZAR, CZAR or other ways of buying, transferring, selling or investing money or other money gained from any activity that is prohibited by any Applicable Laws;
- ~~contain any elements of fraud or of providing false, inaccurate, incomplete or misleading information intended to defraud Lov.Cash, other Users, Participating Third Parties or any other third party in any way; or
- ~~impersonate any Person or their personal particulars, forge another Person's digital signature or falsely claim or misrepresent Your connection with any Person;
- ~imposes an unreasonable or too large load on the technological or human resources infrastructure of Lov.Cash or any other material or non-material resources of Lov.Cash (these resources Lov.Cash relies on to make the Lov.Cash Platforms available for their intended use and/or to give the necessary services associated with the Platforms); or which negatively interferes with, intercepts or expropriates any system, data or information stored and/or processed in or collected through any Lov.Cash Platform; these impositions would include, but would not be limited to, –
- ~~acts which remove, avoid, disable, damage or interfere in any other way with any security-related features of any Lov.Cash Platform or Participating Platform or any particular features that are required for either of them to function properly;
- ~~Using the Lov.Cash Platforms in an automated manner for any reason, including with the intention of simulating high volumes of Exchanges;
- ~~uploading or spreading viruses, adware, spyware, worms or other malicious code or file with contaminating or destructive features;
- ~~Using any robot, spider or other automatic device or manual process to monitor or copy the source code, or any part of it, of any Lov.Cash Platform or Participating Platform; or to monitor or copy any information, Intellectual Property or other contents or resources that are accessible, stored, transmitted or processed on it, including the information of other Users;
- ~~Using any device, software or routine to bypass any ordinary process of a Lov.Cash Platform or Participating Platform (including robot exclusion headers);
- ~~forging headers or manipulating identifiers or other data or doing anything in order to disguise the origin of any content transmitted through any Lov.Cash Platform; or to manipulate Your presence on a Lov.Cash Platform;
- ~~opening multiple Lov.Cash Accounts under false identities or the identity of other Persons; or
- ~~abusing promotions that LovCash, Businesses Agents, Participating Third Parties or any other third parties (that Lov.Cash allows to do so) may offer, including the Lov.Cash Rewards Programme;
- ~is aimed, through any means, at gaining non-permitted access to any Lov.Cash Platform; these include the Lov.Cash Accounts and/or CZAR Wallet(s) of any other Users or a Participating Platform or any electronic or computer systems or networks connected to it;
- ~involves the non-permitted use, of any type, of the SSOID, Lov.Cash Account, CZAR Wallet or CZAR of any other User, or any other User's Lov.Cash Accounts;
- ~interferes too much with another User's Use of any Lov.Cash Platform, Participating Platform or access to any resource or service provided by Lov.Cash and/or a Participating Third Party in connection with it;
- ~reasonably has the potential to defame, abuse, extort, harass, stalk, threaten or break or harm the legal rights (including, but not limited to, rights of privacy and Intellectual Property rights) of any other Person;
- ~is, in any way and by any means, intended to collect or obtain the Personal Information, including the financial information, of other Users; or
- ~in any way involves the non-permitted Use of the Intellectual Property owned by, licensed to or lawfully possessed by Lov.Cash or any Participating Third Party; and falsely implies or suggests any approval by or association with Lov.Cash or any Participating Third party or does so in a way that has the potential to damage the reputation or goodwill of Lov.Cash or any Participating Third Party (each act of this nature being "Prohibited Use").
- Should You be found to have Used or done anything on, through or with any Lov.Cash Platform, either directly or indirectly or intentionally or negligently; or processed or attempted to process (in whole or in part) any Exchange in a manner that is or involves an act of Prohibited Use, You will be break the Agreement seriously enough to end it; and therefore Lov.Cash may take any steps it can take under the Agreement (as indicated in paragraph 19 below and/or any Applicable Laws).
16. YOUR ASSURANCES, PROMISES AND CLAIMS TO LOV.CASH
- By entering into the Agreement with Lov.Cash, You unconditionally give the Commitments on the basis that –
- ~unless clearly stated differently in the wording of a particular Promise, You commit –
- ~~to and in favour of Lov.Cash and the Participating Third Parties to the extent applicable; and regarding –
- ~~~each Lov.Cash Platform that You are given the right to Use;
- ~~~the processing of each type of Exchange that You are allowed to process and Your participation in each Exchange that You are allowed to be a party to;
- ~~~each associated support service Lov.Cash provides to You in connection with Your registration with Lov.Cash, each Lov.Cash Platform and/or each Exchange; and
- ~~~Your doing each of the functions that You are allowed to do;
- ~despite Lov.Cash’s being aware that any Commitment is or may be incorrect, Lov.Cash enters into the Agreement relying on the Assurances, each of which is considered to be both –
- ~~a material claim inducing Lov.Cash to register You and give You the authority to Use the Lov.Cash Platforms, process the Exchanges that You are allowed to process and generally to enter into and put into action the rights and powers given to You under the Agreement; and
- ~~an essential legal and binding contractual assurance You make to ensure that the Assurance is both true and correct; and
- ~each Assurance will be a separate and independent Assurance; it will not be limited by reference to or through inference from the terms of any other Assurance or by any other provision in the Agreement;
- ~unless clearly stated differently in the wording of a particular Commitment, You give each Commitment at the Commencement Date each time You Use any Lov.Cash Platform in any manner and for the duration of the Agreement; and
- ~despite the provisions of paragraph 19 below, if any Commitment You give is or becomes incorrect, Lov.Cash will be entitled to cancel the entire Agreement; it will do so by sending you a Notification of cancellation.
- You unconditionally promise that –
- ~You are entering into these General Terms acting as principal and not as an agent on behalf of any other Person;
- ~all the information and each document You have handed over or will hand over is, at the Commencement Date, true, accurate and complete; to the best of the Enterprise knowledge and belief, this applies to all the information You have handed over or will hand over during the course of the Agreement to Lov.Cash and/or any Participating Third party in connection with Your registration with Lov.Cash, Your Lov.Cash Account, the Exchanges that You have processed or to which You were a party; it will also apply to Your Use of any Lov.Cash Platform or Participating Platform or generally in connection with anything under or concerning the Agreement –
- ~~prior to the Commencement Date (including information recorded in Your Registration Form and the supporting documents and information You provided to Lov.Cash in order to register with Lov.Cash and for FICA compliance) was, at the time it was so given, and is, at the Commencement Date, true, accurate and complete; and
- ~~while the Agreement is in effect, the supporting documents and information You provided will be true, correct and complete and in no way fraudulent or intended to deceive Lov.Cash or any Participating Third Party at the time that it is given;
- ~You are not aware of the existence of any fact or circumstance that may prevent You complying with all of Your duties in terms of the Agreement;
- ~if at any time during the course of the Agreement You become aware of any fact, matter or circumstance that may result in any of the Commitments being inaccurate or broken, You will immediately give written notice of this fact to Lov.Cash (without reducing Your blame for any inaccuracy or break of this nature);
- ~at the date of Your registration You have –
- ~~and for the duration of the Agreement You will have the legal ability and power to enter into and do what You have to do in terms of these General Terms;
- ~~never been banned by Lov.Cash from Using any Lov.Cash Platform or from processing Exchanges for any reason; and
- ~~taken all necessary actions (whether corporate, internal or in any other form) and for the period of the Agreement You will continue to take them when required to do so; and You have obtained or will obtain, when required to do so, all consents, approvals, licences, permits, orders and other permissions required in terms of any Applicable Laws or contractual arrangements to which You may be subject in order to allow You to enter into the Agreement and to allow You to do what You have to do in terms of the Agreement;
- ~the Agreement, which includes each of the Additional Documents and Designated User Terms that form part of the Agreement, and the duties accepted by You and the rights given to You in terms of the Agreement are legal, valid, binding and enforceable both by and against You;
- ~You are entering into the Agreement, which includes each of the Additional Documents and Designated User Terms that form part of the Agreement, acting as principal and not as an agent or on behalf of any other Person;
- ~You have never been banned by Lov.Cash from Using any Lov.Cash Platform or any part of it;
- ~except when You are expressly allowed to do so or as provided for in the remaining provisions of the Agreement or in writing by Lov.Cash, You will not enter into any Exchange or process, attempt to process or permit to be processed any exchange or similar arrangement, that –
- ~~is or either directly or indirectly involves engaging in Prohibited Use or any elements of this Use (as indicated in paragraph 15 above); or that is or involves breaking any provision of the Agreement or any Applicable Laws; or
- ~~involves exchanging anything other than CZAR for ZAR or ZAR for CZAR;
- ~for the period of the Agreement or for as long as You continue to Use any Lov.Cash Platform or Participating Platform, You will not –
- ~~enter into any Exchange; or process, attempt to process or permit to be processed any exchange or similar arrangement; or do any other kind of act; or allow any act to be done on Your behalf;
- ~~do any act or permit any act to be done that is or either directly or indirectly involves any elements of Prohibited Use (as indicated in paragraph 15 above); or involves breaking any provision of the Agreement or any Applicable Laws; or
- ~~break any provision of the Agreement in any way;
- ~~Use any Lov.Cash Platform or Participating Platform in a manner that break any Applicable Laws or is likely to result in breaking any Applicable Laws; or that results in, or may result in, complaints, disputes, reversals, chargebacks, fees, fines, penalties and other debt being incurred by or charged to Lov.Cash or any Participating Third Party;
- ~~refuse to cooperate in any investigation by Lov.Cash or any Relevant Authority, or provide confirmation of Your identity or any other information You provided to Lov.Cash or any Relevant Authority in connection with Your registration with Lov.Cash, Your Lov.Cash Account, Your Use of any Lov.Cash Platform, any Exchange You processed or to which You were a party, Your Use of any Lov.Cash Platform or, where applicable, any Participating Platform or generally anything in connection with the Agreement;
- ~~take any action or permit any action to be taken that may result in the rights of Lov.Cash being harmed in any manner; harm such as this could include any of Lov.Cash's service providers or business partners’, including mobile operators or telecom companies, payment processors or other suppliers, ceasing to conduct business with Lov.Cash;
- ~Your acceptance of the Agreement, including these General Terms and each of the Additional Documents and Designated User Terms that form part of the Agreement, does not, and will not, break, conflict with, or result, either directly or indirectly, in breaking any Applicable Laws for the duration of the Agreement; and neither will Your doing what You have to do in terms of the Agreement break, conflict with, or result, either directly or indirectly, in breaking any Applicable Laws for the duration of the Agreement.
- Lov.Cash will be considered to have suffered or incurred Losses by any Participating Third Party at any time, after Commencement Date, which would not have been suffered or incurred by the Participating Third Party except for Your breaching any Warranty or any other provision of the Agreement.
- Without loss of rights to any of Lov.Cash’s rights at law or in terms of any other provision of the Agreement, You protect Lov.Cash against –
- ~all Losses considered to have been incurred or suffered by Lov.Cash in terms of paragraph 17.1 above; and
- ~all Losses which Lov.Cash has incurred or suffered as a result of Your breaking of any Commitment or any other provision of the Agreement (collectively, "Indemnified Loss").
- You will be obliged to pay Lov.Cash any amount due to it for any Indemnified Loss as soon as Lov.Cash or a Participating Third Party is obliged to pay that amount (in any case which involves a payment by Lov.Cash or any Participating Third Party); or you will be forced to do so as soon as Lov.Cash or any Participating Third Party actually suffers the Indemnified Loss (in any case which does not involve a payment by Lov.Cash or any Participating Third Party).
18. DENIALS AND ANY LIMIT OF DEBT OR FAULT
In addition to the denials, protections and any limits of debt or fault that are recorded elsewhere in these General Terms and in any other document forming part of Your Agreement with Lov.Cash, Your Use of any of the Lov.Cash Platforms; Your dealing with, receipt or Use of CZAR; and your acceptance of any of the associated support services Lov.Cash provides to You or are provided to You on behalf of Lov.Cash will be subject to the denials, any limits of debt or fault and protections contained in this paragraph 18. Your Use will remain subject to these denials, any limits of debt or fault and protections at all times, for as long as these General Terms apply to You and regardless of the category of User that You are registered with Lov.Cash as. Therefore, you should in particular consider carefully all of the terms recorded in this paragraph 18.
- To the fullest extent permissible under any Applicable Laws and despite anything different that may be recorded elsewhere in these General Terms or in any other document forming part of Your Agreement with Lov.Cash, You accept and agree that any Use You make of any Lov.Cash Platform will be at Your sole and absolute risk; Use will include any acceptance of the associated support services that Lov.Cash may offer in connection with any Lov.Cash Platform; the exceptions will be instances involving gross negligence committed by or on behalf of Lov.Cash;
- In addition, You agree that neither Lov.Cash nor its Representatives will be responsible to You or any third party for any Losses of any nature which You or any third party may suffer or incur as a result of Your Use of any of the Lov.Cash Platforms (or any part, function or feature of them); or as a result of Your acceptance of any of the associated support services provided to You by or on behalf of Lov.Cash in connection with any Lov.Cash Platform; these Losses could arise, without any limit, as a result of –
- ~Your attempt to Use Your CZAR Wallet(s) or any Lov.Cash Platform for or in connection with (whether directly or indirectly) any digital currencies that Lov.Cash has allowed or that the Lov.Cash Platforms do not support (as indicated in paragraph 13 above);
- ~Your Use of any Participating Platform (as indicated in paragraph 14.2 above) or any permissions You give to any Participating Third Party or other third party (as indicated in paragraph 14.3 above);
- ~any Improperly Obtained CZAR (as the term is defined in paragraph 3.2 of Annexure A), including, without any limit, any actions taken by Lov.Cash in connection with the Improperly Obtained CZAR (as indicated in paragraph 3.2 of Annexure A);
- ~Your inability to Use, or any unavailability or any technical or processing errors or failure of (as indicated in paragraph 18.2.2) any Lov.Cash Platform (or any part, function or feature of it) or associated service;
- ~Your lack of fitness to register or the rejection of Your application to register with Lov.Cash as any category of User that Lov.Cash may offer for any reason;
- ~any non-permitted Use of Your Lov.Cash Account(s), SSOID, CZAR or CZAR Wallet(s) by any Person;
- ~Your inability to find other Users with which to conclude the Exchanges that You are allowed to process;
- ~Your inability to comply adequately, for any reason, with any of the standards and/or conditions which may be imposed on Your Use of the Lov.Cash Platforms or on any of the associated services in terms of any document forming part of Your Agreement with Lov.Cash;
- ~any actions or decisions that You may take based on any information or data displayed on any Lov.Cash Platform; and/or
- ~Lov.Cash’s taking any of the actions indicated in paragraph 19 below as a result of Your breach of the terms of the Agreement;
- and You unconditionally protect and agree to hold Lov.Cash and its Representatives harmless against those Losses.
- Without limiting the indemnities You provide to Lov.Cash as stated in paragraph 18.1 above, Lov.Cash agrees at all times to employ its best reasonable efforts and take all steps that may be reasonably available to it to –
- ~ensure that the Lov.Cash Platforms and all of the associated support services provided by Lov.Cash in connection with them are continuously available to You;
- ~fix any technical or processing errors that may occur with any Exchange or the Lov.Cash Platforms within ten Business Days of being made aware of these errors, provided that –
- ~~if such a technical or processing error occurs with an Exchange to which You are a party and results in –
- ~~~Your receiving less than the entitled amount of CZAR in Your CZAR Wallet, Your CZAR Wallet will be credited with the difference; or
- ~~~Your receiving more than the entitled amount of CZAR in Your CZAR Wallet, Your CZAR Wallet will be debited with the difference, and You allow Lov.Cash to make this debit;
- ~~You agree to notify Lov.Cash of any technical or processing errors discovered by You within a period of 60 days from the date on which the Exchange with which the error has occurred is concluded; or within a period of 60 days from the date on which the technical or processing error occurred;
- ~~Lov.Cash will not be responsible for any errors that are brought to its attention more than 60 days after the date on which the Exchange with which the error has occurred is concluded; or more than 60 days from the date on which the technical or processing error occurred; and
- ~~this paragraph 18.2.2 will not affect Lov.Cash's right to claim any CZAR amounts greater than the CZAR amount to which You are entitled being credited to You in error; or to claim any other amounts that may be due to Lov.Cash in terms of the Agreement.
- Even though Lov.Cash has given the assurances stated in paragraph 18.2 above, You are notified that the availability and proper functioning of the Lov.Cash Platforms and the associated services is, to a certain extent, dependent on factors that are beyond the reasonable control of Lov.Cash. These factors could include any downtime of one or more third-party service providers that Lov.Cash relies upon, the availability and correct functioning of the relevant mobile telephone networks and the behaviour and compatibility of your mobile device with the Lov.Cash Platforms. Should any Lov.Cash Platform (or any function or feature of it) or associated service not be available or fail to function as intended owing to factors beyond Lov.Cash’s reasonable control, Lov.Cash will not be held responsible for this unavailability or technical failure.
- To the fullest extent allowed under any Applicable Laws and despite anything different contained in these General Terms or recorded in any other document forming part of Your Agreement with Lov.Cash, –
- ~Lov.Cash's debt in terms of Your Agreement with Lov.Cash will be limited to application functionality; and You will not be allowed to claim any amount that would be due to You in another way in terms of Your Agreement with Lov.Cash when this amount, taken together with all other amounts payable to You by Lov.Cash in terms of Your Agreement it, exceeds the value of the CZAR stored in Your CZAR Wallet(s) at the time that this debt arises; and
- ~neither Lov.Cash nor any of its Representatives will be responsible to You or any third party for any special, incidental, indirect, non-physical or consequential damages or other Losses; these Losses include loss of profits, whether based in contract or in any other form, arising out of the Agreement or Your Use of any Lov.Cash Platform or Participating Platform;
- ~the Lov.Cash Platforms and all associated support services that may be offered by or on behalf of Lov.Cash in connection with the Platforms are offered to You “as is” and “as available”; and neither Lov.Cash nor any of its Representatives give or make, either clearly or implied, any promises, claims or similar assurances of any nature, whether statutory or of any other kind, regarding any Lov.Cash Platform (or any part, function or feature of it) or any data, information, third-party software, reference sites, services or software made available on it or in association with it; these promises, claims or assurances include, but are not limited to –
- ~~any implied commitments of the Business ability; fitness for a particular purpose; uninterrupted availability; freedom from errors, viruses or other unintended harmful components; or Use; or the results of the Use of the Lov.Cash Platforms and associated support services; or
- ~~commitments as to the accuracy, completeness or adequacy of information displayed on any Lov.Cash Platform or Participating Platform;
- ~in this regard, You are notified that there may be some uncertainties in any analysis or information that may be displayed on any Lov.Cash Platform; and that information is not a substitute for Your own independent evaluation and analysis of the subject matter of that analysis or information; and under no circumstances should this information be considered a recommendation for You to pursue any course of action;
- ~no advice or information, whether oral or written, that You obtain from any Lov.Cash will create or amount to any commitment or guarantee or similar claim of any nature; and
- To avoid doubt, nothing contained in this paragraph 18 or recorded elsewhere in Your Agreement with Lov.Cash is intended to exclude or limit any debt that by law is not capable of exclusion or any limit.
- This paragraph 18 is capable of being separated from the other provisions of the Agreement and will remain in effect despite the ending, cancellation, invalidity or unlawfulness of the Agreement, or any part of it, or the possibility that it cannot be enforced.
- If You do any act that is Prohibited Use (as indicated in paragraph 15 above) or breach any provision of the Agreement (including the Commitments recorded in paragraph 16 above) in any other way and fail to fix that break within a period of seven days after receiving a Notification from Lov.Cash requiringYou to fix the break, then Lov.Cash will be entitled, on its own and without penalty to or loss of its other rights in terms of the Agreement or in terms of any Applicable Laws, to –
- ~put on hold or limit Your ability, to the extent and for a period of time as Lov.Cash may decide upon on its own or until You have fixed the break, to –
- ~~access Your Lov.Cash Account(s);
- ~~Use any particular feature of the Lov.Cash Platform(s) that You are allowed to Use;
- ~~deal with the CZAR in Your CZAR Wallet(s) and/or Your ability to process or be a party to certain Exchanges; or
- ~~participate in one or more of the rewards programmes offered by Lov.Cash;
- ~charge You any penalty Service Fees that may be chargeable to You as a result of the break in terms of the Lov.Cash Service Fee Schedule;
- ~end Your registration(s) with Lov.Cash and the parts of the Agreement that correspond to the ended registration; and/or
- ~should Your registration(s) with Lov.Cash be stopped, ban You from being registered with Lov.Cash in any position or making Use of one or more of the Lov.Cash Platforms indefinitely or for a period of time that Lov.Cash may decide upon on its own.
- Lov.Cash further reserves the right, on its own and at any time, to take any of the steps discussed in paragraph 19.1 above if –
- ~Lov.Cash is required to do so by a valid subpoena, court order, or binding order of a Relevant Authority; or
- ~the Use of any of Your Lov.Cash Accounts is subject to any pending litigation, investigation or proceeding by any Relevant Authority.
- Should Lov.Cash stop Your registration(s) with Lov.Cash and the corresponding Lov.Cash Account(s) as a result of breaking the Agreement, as indicated in paragraphs 19.1 or 19.2 above, –
- ~with effect from the date of closing, You will no longer have any claims against Lov.Cash in terms of the part of the Agreement that has been stopped; and
- ~Lov.Cash will send a Notification to You containing details of Your Account being put on hold or being closed (unless Lov.Cash is prohibited from doing so by any Applicable Laws).
20. USER CLOSING LOV.CASH ACCOUNTS
You are entitled to stop one or more of Your Lov.Cash Accounts by following the correct prompts on any of the Lov.Cash Platforms. When this happens –
- Closing your Lov.Cash account before transferring, sending or exchanging your CZAR. You will give up any CZAR held in the CZAR Wallet that corresponds to the Lov.Cash Account being stopped and You will not be be repaid any of the ZAR value of that CZAR from Lov.Cash; and
- the provisions of the relevant documents forming part of the Agreement which are applicable to You particularly regarding the Lov.Cash Account that is being stopped will no longer be applicable to You and –
- ~You will no longer be allowed to put into action any of the rights that were given to You or do any of the functions that You were allowed to do; nor will you have any claims against Lov.Cash in terms of those documents; and
- ~those documents will be removed and no longer form a part of the Agreement.
21. INTELLECTUAL PROPERTY
- The ownership of all Lov.Cash Platforms and all Intellectual Property and any other rights or legal allowances associated with them will, at all times, remain with Lov.Cash and/or any third party that may have licensed them to Lov.Cash; the Intellectual Property includes, without any limit, the visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Lov.Cash Platforms (collectively, the "Materials").
- All the Materials are protected by the Applicable Laws which govern ownership and Use of Intellectual Property in South Africa and –
- ~any non-permitted copying, reproduction, retransmission, distribution, dissemination, sale, publication or other circulation or exploitation of these Materials or any component of them will be breaking the Applicable Laws and be a break with the Agreement serious enough to end it; and
- ~You affirm to Lov.Cash that You will not do anything or permit anything to be done that is likely to harm any Person’s rights to any Materials.
- To avoid doubt, nothing contained in any part of the Agreement or displayed or accessible on any Lov.Cash Platform should be considered as giving any licence or right to Use any Intellectual Property that is owned by or licensed to Lov.Cash without the prior written permission of Lov.Cash.
- Should You have any comments regarding any Lov.Cash Platforms, including ideas on how to improve any Lov.Cash Platform (or any part or function of them), You are encouraged to communicate those suggestions to Lov.Cash.
- Any comments You give to Lov.Cash (as intended in paragraph 21.4 above) and all Intellectual Property rights and legal allowances arising from them (including from any application, integration or modification of them) will be the property of Lov.Cash. You delegate and transfer to Lov.Cash the Intellectual Property rights and legal allowances in question as soon as Lov.Cash requires You to do so and in accordance with the requirements of the laws of each country in which the registration of the transfer(s) and/or transfer or transfers will be required. In addition, should You be required to do so, You agree to sign all these documents and to do everything else that Lov.Cash may reasonably require to register any transfer.
- Subject to the exceptions outlined in paragraph 22.2 below, You will not, at any time after the Commencement Date, either directly or indirectly disclose or use, whether for Your own benefit or for that of any other Person, –
- ~any information –
- ~~regarding the contents of the Agreement;
- ~~that is made available or that can be obtained in another way from any Lov.Cash Platform or Participating Platform, including the Personal Information of other Users;
- ~~relating to Lov.Cash or any its assets and affairs, including all communications (whether written, oral or in any other form) and all reports, statements, schedules and other data concerning any financial, technical, labour, marketing, administrative, accounting or other matter (collectively, the "Confidential Information"); and
- ~any document or other record (whether in electronic or any other medium) containing Confidential Information and documents, diagrams and records which are produced by You (whether or not by copying, photocopying or reproducing these documents or records) containing any Confidential Information ("Confidential Records").
- Despite the provisions of paragraph 22.1 above, Confidential Information may be disclosed by You –
- ~to the extent that disclosing it is necessary in order for You to Use the Lov.Cash Platforms that You are allowed to Use; provided at all times that this Use is in accordance with the Platforms' intended purposes in accordance with the provisions of the Agreement and any Applicable Laws and does not harm the rights of any other Person (including the Intellectual Property rights owned by or licensed to Lov.Cash);
- ~to the extent to which the prior written consent for disclosing has been obtained from Lov.Cash;
- ~to the extent that disclosure it is required by any Applicable Laws (excluding contractual duties) or by the rules of any stock exchange You are committed to; in which event You will obtain the written consent of Lov.Cash (consent that should not to be withheld unreasonably) for the manner of disclosing, unless You are prohibited from doing so by any law such as this or rules such as these. You will, however, not be obliged to obtain the written consent of Lov.Cash if the disclosing is required before the approval can reasonably be obtained; but You will, in these circumstances, quickly notify Lov.Cash of the full details of the disclosure, including the reasons why time did not permit You to obtain the consent;
- ~and You may disclose Confidential Records to Your directors, responsible employees and professional advisors who require disclosing to enable You to carry out or enforce the Agreement, obtain professional advice or to comply with any Applicable Laws. Any conduct by any of these directors, employees or professional advisors which would have been breaking this paragraph 22 as if that Person had been subject to the provisions of this paragraph 22, will be considered to be breaking this paragraph 22 by You;
- ~to the extent to which it –
- ~~is Made Public other than as a result of any breaking of the Agreement or any other agreement. The expression "Made Public" will, for this purpose, have the same meaning as when it is used in the insider trading provisions of the Financial Markets Act No 19 of 2012, as amended or substituted; and the meaning of Made Public is not limited to the circumstances referred to in section 79 of that Act;
- ~~corresponds in substance to information that a third party discloses and/or makes available to You at any time without any obligation not to disclose it; unless You know that the third party from whom it received that information is prohibited from transmitting the information to You by a contractual, legal or fiduciary obligation to any other party; or
- ~~is information that was already in Your possession prior to Lov.Cash disclosing it to You or You develop it independently without reference to the Confidential Information.
- This paragraph 22 is capable of being treated as separate from the other provisions of the Agreement and will remain in full effect despite the Agreement, or any part of it, ending, or being cancelled, invalid, not able to be enforced or unlawful.
23. DATA PRIVACY, SECURITY AND PROTECTION OF PERSONAL INFORMATION
- Lov.Cash will come into the possession of and Process certain Your Personal Information; Your Personal Information may include information such as Your name, residential address, citizen identity number, bank account details, e-mail address, telephone number, gender, age, marital status, residential status; the information could also include any other data that may be relevant or necessary to allow Lov.Cash to comply with the KYC obligations indicated in paragraph 7 above and with any Applicable Laws; and generally to manage the relationship between You and Lov.Cash.
- Your Personal Information may come into the possession or under the control of Lov.Cash through, amongst other means, –
- ~Lov.Cash expressly requesting Personal Information directly from You; this could include the information recorded in Your Registration Form and the supporting documentation handed over with that form and with other forms that You may be asked to complete and hand over to Lov.Cash; or it could include the KYC Documents and Information (indicated in paragraph 7 above) that You may be asked to hand over to Lov.Cash while the Agreement is in effect;
- ~any Lov.Cash Platform requiring You to confirm Personal Information in connection with Your Use of the Lov.Cash Platform or anything in connection with or arising from the Agreement; or any third party service provider that Lov.Cash allows to request this information from You (including Businesses and Agents) requesting You to provide Your Personal Information; and
- ~the automated information-collection systems or functions (e.g. "cookies" used on the Lov.Cash Website) built in to the Lov.Cash Platforms collecting information about Your Use of any Lov.Cash Platform; this information could include that about any Exchanges You have processed through a Lov.Cash Platform.
- You allow Lov.Cash to collect, retain and Process Your Personal Information; and Lov.Cash agrees that it will do so only for the following purposes:
- ~to make the Lov.Cash Platforms available to You, including to maintain the proper functioning of the Lov.Cash Platforms, to detect processing errors, to assess and reduce information vulnerability and to identify and resolve any other technical faults or malfunctioning of the Lov.Cash Platforms (or any part, function or feature of them) and to improve the quality, security and availability of the Platforms;
- ~to process, administer, manage and effect instructions received from You, including those about Exchanges You are processing or to which You are a party;
- ~to monitor and analyse Your Use of the Lov.Cash Platforms in order to identify any fraudulent, non-permitted or unlawful activity being conducted on them and for similar risk-related reasons;
- ~to do statistical and similar data analyses in order to identify market trends, develop more helpful marketing tools, develop new products and services and optimise certain functions and features of the Lov.Cash Platforms;
- ~to comply with Applicable Laws; and
- ~to protect or prevent Your rights or the rights of other Users by any Person being broken, including to detect and protect You and other Users against fraud or other criminal activity.
- Lov.Cash undertakes to use its best reasonable commercial efforts to maintain the confidentiality of Your Personal Information that comes into its possession or comes under its control by, amongst other steps, –
- ~carrying out helpful and reasonable technical and organisational steps to prevent any loss of Your Personal Information or any damage to it, non-permitted and/or unlawful destruction of it, access to it or Processing of it; and
- ~ensuring that any service provider or other third party will Process Your Personal Information only with the knowledge or express permission of Lov.Cash; and that the service provider or third party will treat Your Personal Information as confidential and not disclose this information to any other third party, unless required to do so by any Applicable Laws or in the course of doing their duties correctly. The service provider or other third party would have to be required by Applicable Laws and/or requested by Lov.Cash to Process Your Personal Information on behalf of Lov.Cash in connection with anything under or in connection with the Agreement.
- You are allowed to request –
- ~on proof of Your identity, confirmation of whether Lov.Cash is in possession of any of Your Personal Information;
- ~on proof of your identity, a record or a description of Your Personal Information that is in the possession of Lov.Cash or under its control: this could include information relating to the identity of all third parties who currently have or have had access to Your Personal Information; and
- ~generally, any record Lov.Cash may possess that it is required to disclose to You in terms of any Applicable Laws.
- You are further entitled to request Lov.Cash, by delivering a written request to that effect to Lov.Cash, to –
- ~correct or delete any of Your Personal Information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or that has been obtained unlawfully; and
- ~destroy or delete a record of Your Personal Information that Lov.Cash is no longer allowed to retain in terms of any Applicable Laws.
- All requests for reports and records must be sent to Lov.Cash's Information Officer at: email@example.com.
- You agree, subject to all Applicable Laws, that –
- ~Lov.Cash has the right to intercept, block, filter, read, delete, disclose and use all communications that You have sent or posted to Lov.Cash and/or any of Lov.Cash's Representatives; or those communications You transmitted on or through any Lov.Cash Platform in accordance with the provisions of the Regulations of the Interception of Communications Act, No. 70 of 2002, as amended or substituted;
- ~for quality assurance and security reasons, telephone calls between You and Lov.Cash or any Lov.Cash's Representatives and
- ~the recording of the calls referred to in paragraph 23.9.2 above may be used and supplied to the Relevant Authorities for the sole purpose of preventing and detecting unlawful activity; and
- ~you allow Lov.Cash to take the steps detailed in section 23.9.
24. SETTLING DISPUTES
- Except as clearly provided in another way in the Agreement, if any dispute, controversy or claim arises in connection with the Agreement or about any Lov.Cash Platform, either Party may declare a Dispute by giving written notice to that effect to the other ("Dispute Notice"). A dispute, controversy or claim could include any question regarding the existence, validity, enforcement or ending of the Agreement or any part of it ("Dispute").
- Once a Dispute has been declared, the Parties will first be required to use all reasonable means to resolve it in a friendly way within 30 days of either Party receiving a Dispute Notice from the other. If the Parties are unable to fix the Dispute in a friendly way within 30 days of the Dispute Notice being sent, the Dispute will be fixed finally by way of binding arbitration in accordance with the applicable rules of the Arbitration Foundation of Southern Africa ("AFSA"), as determined by AFSA.
- The Dispute will be arbitrated individually and it will not be dealt with together with arbitration for any claim or controversy involving any other User or third party.
- The Dispute will be resolved by a single arbitrator appointed by AFSA. If AFSA determines that the Rules of AFSA for Commercial Arbitration are applicable, there will be no right of appeal, as provided for in article 22 of the AFSA Rules.
- The legal place of the arbitration will be Cape Town, South Africa, and the language of this arbitration will be English.
- Any arbitration will be confidential and held in private. The confidentiality provisions of section 11(2) of the International Arbitration Act No. 15 of 2017 as amended or substituted will apply as if the arbitration were an international arbitration, as indicated in that Act. Neither Party may disclose the existence, content or results of any arbitration, except as required by any Applicable Law or in order to enforce the arbitration award.
- Despite anything different contained in this paragraph 24, either Party may seek urgent interim or preliminary relief from a court of competent jurisdiction to protect the rights pending the completion of the arbitration.
- All administrative fees and other expenses incurred through the arbitration will be divided equally between You and Lov.Cash. In all arbitrations, each Party will bear the expenses of its own lawyers and preparation.
- This paragraph 24 is capable of being treated separately from the other provisions of the Agreement. And it will remain in effect despite the Agreement, or any part of it, ending, or being cancelled, invalid, not able to be enforced or unlawful.
25. FIXED PHYSICAL HOME OR BUSINESS ADDRESS, OR EMAIL/MOBILE NUMBER ADDRESS, NOTICES AND COMMUNICATION POLICY
- The Parties choose their ("Place where they reside or do business") for all purposes relating to the Agreement; these purposes include giving notice, paying any sum and delivering any legal documents, as follows –
- ~Lov.Cash chooses as its place where it does business the particulars displayed on the Lov.Cash Website; and
- ~You choose as Your place where You reside or do business as the particulars recorded on Your Registration Form.
- You accept that during the course of the Agreement Lov.Cash may need to send You Notifications about Your Use of the Lov.Cash Platforms and generally in connection with certain matters in connection with the Agreement. Therefore, You unconditionally allow Lov.Cash to send Notifications to You, and You agree to receive the Notifications. The Notifications will be sent to you in the way indicated in this paragraph 25 either by push-notification on Your mobile device through a Lov.Cash Mobile Application, or by an SMS to the mobile number, or by email to the email address given by You on Your Registration Form. The Notifications will be sent by Lov.Cash under its own power.
- You will be entitled to change Your –
- ~physical place where You reside or do business to any other physical address (not being a post office box or poste restante) in South Africa;
- ~email and/or mobile number to any other email address and/or mobile number; and
- ~other particulars of the place where You reside or do business particulars to any other particulars of a similar nature,
- by updating these particulars of the place where You reside or do business on any Lov.Cash Platform.
- Lov.Cash will be allowed to change its chosen addresses where it does business to any other addresses by updating the details of its addresses on the Lov.Cash Website. You are advised to check the Lov.Cash Website for any updates to Lov.Cash's addresses where it does business before sending any notice to Lov.Cash.
- Any notice given or payment made by a Party to the other Party ("Addressee") that is hand-delivered to the Addressee's current physical home or business address between the hours of 09:00 and 17:00 on any Business Day will be considered to have been received by the Addressee at the time of delivery.\
- Any notice given by a Party to an Addressee which is successfully transmitted by email or mobile number to the Addressee's current email or mobile number ("Transmitted") will, –
- ~if the notice is Transmitted by no later than 17:00 on a Business Day, be considered (unless the Addressee has proof of a different transmission day and time) to have been received by the Addressee on that day; and
- ~if the notice is Transmitted after 17:00 on a Business Day or is transmitted on a day that is not a Business Day, be considered (unless the opposite is proved by the Addressee) to have been received by the Addressee on the next Business Day.
- This paragraph 25 will not make invalid the sending or receipt of any Notification that You actually receive by a method different from those referred to in this paragraph.
- Lov.Cash undertakes to do its best to ensure that You quickly receive Notification of any circumstances that may affect Your Use of the Lov.Cash Platforms or Your rights and/or obligations under the Agreement. Regarding this, You agree that –
- ~Lov.Cash will not be obliged to send any Notifications to You or to confirm the identity of the recipient of any Notification sent to You;
- ~it is Your responsibility to ensure that Your details of where you live or do business, as recorded with Lov.Cash, are correct and to inform Lov.Cash promptly of any change to your details; and
- ~whereas Lov.Cash undertakes to do its best to ensure the correctness of all Notifications sent to You, Notifications may contain errors, things left out and/or other inaccuracies. In cases such as this, Lov.Cash will not be responsible for any of these errors, things left out or inaccuracies. But should You find any of these errors, things left out or inaccuracies in any Notification, You must immediately tell Lov.Cash. Lov.Cash will do its best to fix it as soon as reasonably possible.
26. GOVERNING LAW AND FORUM FOR DISPUTES
- In accordance with the provisions for fixing disputes set out in paragraph 24 above, for the purposes of paragraph 24.7 above, should any award made by the arbitrator be made an order of court, each of the Parties makes itself available to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town.
- The Agreement will in all respects be governed by South African law. This includes the Agreement’s existence, validity, interpretation, starting, ending and enforcement.
- This paragraph 26 is capable of being treated separately from the other provisions of the Agreement. It will remain in effect despite the Agreement, or any part of it, ending, or being cancelled, invalid, not able to be enforced or unlawful.
27. GIVE UP A RIGHT OR A CLAIM
No giving up a right or a claim, lenience or extension of time that Lov.Cash may give You will be equivalent to a waiver of any right or provision of the Agreement, whether by by asserting the right to contradict yourself or another way, limit any of the existing or future rights of Lov.Cash in terms of the Agreement. Nor will any delay or failure by Lov.Cash to put into action or enforce, either completely or partially, any right or provision of the Agreement be equivalent to a giving up of any right or provision of the Agreement. But the provisions of this paragraph 27 will not apply where Lov.Cash has signed a written document that expressly gives up or limits this right.
28. SEPARATING A CLAUSE OR CLAUSES FROM THE CONTRACT AS A WHOLE WITHOUT AFFECTING THE VALIDITY OF THE REMAINDER OF THE CONTRACT
If any provision of any part of the Agreement is said by any Relevant Authority to be unlawful, cancelled, invalid or not able to be enforced in any other way (either the whole or a part of the provision), then that provision will either be limited or deleted from the Agreement to the minimum extent required by the Relevant Authority. Should a provision be limited or deleted, the remaining provisions will remain unaltered, valid and enforceable.
Should the Agreement or any part of it be stopped, cancelled or declared invalid, not able to be enforced or unlawful, any provision that, by its nature or clear terms, is intended to survive, will survive the stopping, cancellation, invalidity, inability to be enforced or unlawfulness.
In this document ("CZAR Terms"), unless the context clearly indicates a different intention, –
- the provisions of the document to which these CZAR Terms are annexed ("Lov.Cash General Terms and Conditions") relating to its interpretation will apply; and the expressions defined in that document will bear the meanings given to them in it; and
- the terms and conditions set out in these CZAR Terms form part of the Lov.Cash General Terms and Conditions and Your Agreement with Lov.Cash will apply to You and bind You in all Your dealings with CZAR and Your Use of the Lov.Cash Platforms. To avoid doubt, these CZAR Terms will apply to all Persons that hold or deal with the CZAR digital currency created and issued by Lov.Cash in any manner. These CZAR Terms will apply whether or not the Persons have been registered with Lov.Cash or entered into any formal written or other agreement or arrangement with Lov.Cash.
Please consider carefully the denials recorded in this paragraph 2 before You purchase, hold or deal in any manner with any CZAR digital currency.
You are informed that –
- the Lov.Cash CZAR –
- ~is a centralised "crypto-asset" or "stablecoin" that is based on the Lov.Cash partner blockchain; it functions as (i) a medium of exchange; (ii) a unit of account; and (iii) a store of value that is at all times directly linked to the current exchange value of the South African Rand;
- ~is not a currency that is issued or backed by the South African Reserve Bank or any similar Relevant Authority; therefore, You will not be able to rely on the rights and protections offered by the Applicable Laws that regulate the use and exchange of fiat currency and other ways of buying, transferring, selling or investing money that are protected by the South African Reserve Bank and similar Relevant Authorities;
- ~has, at any given time, a representative value that is directly linked to the exchange value of the South African Rand at that time; and, therefore, –
- ~~Lov.Cash will maintain this representative value by ensuring that, at all times, for every 1 CZAR that is created and issued by Lov.Cash (and is in circulation among the various Lov.Cash Users) Lov.Cash will hold corresponding assets to the value of R1 (1 ZAR); these assets will be held in various forms; the forms may include, but not be limited to, interests in various commodities and in fixed and movable assets;
- ~~the exchange value of 1 CZAR will at all times be R1, despite any change in the foreign-exchange value of the South African Rand; and
- ~~despite the contents of paragraphs 188.8.131.52 and 184.108.40.206 above, any ZAR that You -
- ~~~send directly to Lov.Cash in exchange for CZAR from Lov.Cash; or
- ~~~exchange for CZAR from any Agent User,
- ~~will be the purchase price payable for that CZAR and will not amount to a "deposit" that is capable of being “withdrawn” or otherwise be refunded on demand. You will, however, be able to receive the ZAR value of any CZAR which You hold by concluding a valid Exchange via the appropriate Lov.Cash Platform; and
- ~is not a "security" as defined in the Financial Markets Act No. 19 of 2012, as amended or substituted ("FMA") and in any other Applicable Laws that govern the use of securities and similar ways of buying, selling, transferring, or investing money; therefore, You will not be able to rely on the rights and protections given to holders of securities and similar ways of buying, selling, transferring or investing money in an Act of this kind or other Applicable Laws or any Relevant Authority;
- Lov.Cash –
- ~is not a "bank" and does not "conduct the business of a bank" as defined in the Banks Act, No. 94 of 1990, as amended or substituted;
- ~is not a "financial institution" or a "regulated person" as defined in the FMA;
- ~does not offer "credit products" as indicated in the National Credit Act, No. 34, as amended or substituted;
- ~does not offer any financial advice as indicated in the Financial Advisory and Intermediary Services Act, No. 37 of 2002, as amended or substituted; and
- ~does not offer any form of insurance as indicated in the Insurance Act, No. 18 of 2017, as amended or substituted,
- and therefore You will not be able to rely on the rights and protections offered by these Acts when making purchases, transfers and sales with CZAR.
3. RESTRICTED USE OF CZAR AND IMPROPERLY OBTAINED CZAR
- You accept that You will not be allowed to and You unconditionally agree not to –
- ~transfer, take transfer of, exchange or deal in any other way with, in any manner, any CZAR –
- ~~unless You are registered as a User with Lov.Cash, and that Your registration has not been put on hold or ended;
- ~~other than through one or more of the Lov.Cash Platforms;
- ~~other than in accordance with the terms set out in each of the documents that form part of the Agreement; the particular documents referred to are these CZAR Terms and Conditions, the Lov.Cash General Terms and Conditions and the relevant Designated User Terms that apply to the particular category of User which You are registered as with Lov.Cash; and/or
- ~~in any manner that is Prohibited Use (as stated in the Lov.Cash General Terms and Conditions) or breaks, or is likely to break, any Applicable Laws or any provision of the Agreement;
- ~accept CZAR in exchange for Your providing goods and/or services unless You are registered with Lov.Cash as a Business and Your registration has not been stopped or put on hold; or
- ~engage in the regular exchange of CZAR for ZAR with other Users unless You are registered with Lov.Cash as an Agent and that Your registration has not been stopped or put on hold.
- Any CZAR that You obtain in any way that is not expressly allowed by Lov.Cash in terms of Your Agreement with Lov.Cash or any CZAR You obtain that contravene the requirements and restrictions listed in paragraph 3.1 above in any other way will be "Improperly Obtained CZAR"; and, in the case of any Improperly Obtained CZAR, Lov.Cash will –
- ~not be required to comply with any of its obligations towards You, either in terms of the Agreement or in terms of any other contract or arrangement that You have with Lov.Cash;
- ~be allowed to take the required steps to take back from You of Improperly Obtained CZAR; these steps could include putting on hold or stopping Your registration(s) with Lov.Cash and not allowing You to make any future Use of the Lov.Cash Platforms;
- ~not be responsible for any Losses of any nature that You or any third party may incur or suffer in connection with this Improperly Obtained CZAR; Losses could include but may not be limited to as a result of any steps taken by Lov.Cash in connection with any Improperly Obtained CZAR as indicated in this paragraph 3.2; and You protect and agree to hold Lov.Cash harmless against any Losses of any kind that You or any third party may incur or suffer in connection with Improperly Obtained CZAR; and
- ~send a detailed report to the Relevant Authorities containing the details of fraud where You obtained the Improperly Obtained CZAR by means which involved fraud or in another way broke any Applicable Laws; the report may include, but not be limited to, Your personal details, activity history and other details relating to Your registration with Lov.Cash and Your Use of the Lov.Cash Platforms.