Mobicode is a company which utilises a specialised and unique method of facilitating the sending of uniquely coded messages by way of the GSM cellular telephone network.

Mobicode facilitates the sending of a unique code to any GSM enabled cell phone, which unique code may then be utilised by the user of such cell phone for a variety of uses, depending on the intentions of the client.

Mobicode at all material times acts solely as an agent for the client, promoter or facilitator of an event, function or promotion to which the unique code may apply, and utilises only such information as is supplied to it by the client concerned.

Mobicode will advise the client concerned as to what information it may require in order to facilitate the sending of a unique code to any particular GSM enabled cell phone.

Mobicode makes use of the cellular telephone industry, and simply facilitates the sending of a unique code to a receiving device such as a cellular telephone.

Mobicode is beholden to the cellular telephone industry, and is not a cellular telephone service provider itself and has no control over any cellular telephone service which is utilised.

Neither Mobicode (Pty) Ltd nor any service provider appointed by Mobicode (Pty) Ltd shall be held responsible for any injury, loss or damage of any kind whatsoever suffered or incurred by you or any user of the Services as a result of your access to this Site, utilisation of the Services or reliance on any information contained on this Site for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

1. Errors or discrepancies in the information provided;
2. Any unauthorised access of the Services by third parties;
3. Any breakdown or failure of any equipment or medium of access to the Services;
4. Any failure or unavailability of any of Mobicode (Pty) Ltd 's or any third parties' facilities or systems resulting in the inability to process any transaction;
5. The destruction or accessing of your or any user's data or equipment.
6. Neither Mobicode nor the promoter or facilitator of any event, function or promotion for which a unique code may have been intended will be liable in respect of any fraudulent unique code presented in respect of such event, function or promotion.
7. In any matter whatsoever for the actions or omissions of any third party, including all cellular telephone networks and/or cellular telephone service providers.
8. Any alteration, modification, upgrade or update of the Services or any technology, hardware or software modification that may form part of the Services.
9. You hereby indemnify Mobicode (Pty) Ltd and any service provider appointed by Mobicode (Pty) Ltd against any demand, claim or action against it/them relating to or in connection with your access to this Site or your use of Services whether directly or indirectly for any reason whatsoever.
10. This agreement and all disputes, actions and other matters relating hereto shall be governed by and determined in accordance with the laws of the Republic of South Africa.
11. Mobicode (Pty) Ltd may, without warning, terminate, change suspend, or discontinue this Service, including the availability of any features of this Site, at any time.
12. You using your username and password as identification shall initiate your use of the Services and access to members-only areas of this Site. You undertake to, and shall be responsible for maintaining the confidentiality of your password and shall notify Mobicode (Pty) Ltd forthwith on becoming aware that the confidentiality of your password has or may have been compromised. By entering your username and password you legally bind yourself to honour all transactions performed by you on this Site. All activities performed under the credentials of your username and password is deemed as having performed by you.
13. Please be aware that notwithstanding the contents of the Privacy Policy, which can be viewed at www.mobicode.co.za, any message sent by you will be identifiable by the username you have used to login for that session.
14. Mobicode (Pty) Ltd may in its discretion suspend or terminate your access to members-only areas of this Site or the Services, in the event you in any manner violate these Terms and Conditions or the Privacy Policy or any other applicable Mobicode (Pty) Ltd ’s policy, rule or conditions of use. You may choose to terminate your account voluntarily at any time.
15. You are not allowed to reproduce, duplicate, copy, adapt, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
16. By making use of the service offered by Mobicode, all clients and users acknowledge Mobicode’s trademarks and ownership of its intellectual property rights. All disputes of whatsoever nature will be governed in accordance with the laws of the Republic of South Africa.
17. You may not use the Services for any of the following purposes or in any of the following manners:
    1. to impersonate or harass any other person;
    2. to send any information that is or the disclosure of which would be libellous, abusive, threatening, false, fraudulent, misleading or obscene, that misappropriates or infringes any person's proprietary right;
    3. that violates any persons right of privacy or publicity;
    4. to send messages that contain any sexual, racist, or discriminatory content constituting, harassment of any individual or organization;
    5. that constitutes or that violates any law, statute ordinance or regulation;
    6. to intercept any communications not intended for you;
    7. to release, post, distribute or execute any viruses or other harmful computer code
    8. to transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any part;
    9. to engage in transmission of unsolicited mass distribution of messages or any similar conduct
18. Mobicode (Pty) Ltd shall not be obliged to ascertain or provide the identity of the sender of any messages or content. Should you believe that you have received abusive, improper or immoral messages or content, Mobicode (Pty) Ltd could at their discretion only in circumstances and where it is able to, ascertain the identity of the sender or such other information, and provide such information to the recipient.
19. These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
20. Mobicode’s failure to exercise or enforce any particular right or provision governed by these terms and conditions shall not constitute a waiver or novation of such right or provision, unless acknowledged and agreed to by Mobicode in writing.