Contents

    General Terms and Conditions

  1. Definitions

    2. In this End-User License agreement (“user agreement”), the terms below have the following meanings:

    • Digital Platform means the Momentum internet website (accessed via www.momentum.co.za) and / or any Momentum Apps or Intermediary websites.
    • Momentum means a division of Momentum Metropolitan Life Limited (Registration number: 1904/002186/06 and any of its affiliates or subsidiaries.
    • Momentum Apps means any online application Software that is provided by or is connected with Momentum that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.
    • Multiply is the Momentum Metropolitan wellness solution that is managed and operated by Momentum Multiply (Pty) Ltd (a subsidiary of Momentum). Multiply is an incentivised wellness programme that rewards and encourages its members to become holistically well, by arranging access to various wellness and leisure facilities and services and offering them discounts at various providers and services to incentivise and reward their wellness behaviours.
    • Personal Informationmeans information relating to you or any person, including but not limited to information relating to -
      • race, sex, gender, sexual orientation, pregnancy, marital status, nationality, ethnic or social origin, colour, age, physical or mental health, well-being, disability, religion, conscience, belief, cultural affiliation, language and birth;
      • education, medical, financial, criminal or employment history;
      • any identifying number, account or client number, password, pin code, symbol, e-mail address, domain name or IP address, mobile device identifier, physical address, cellular phone number, telephone number or other particular assignment;
      • blood type, fingerprint or any other biometric information;
      • personal opinions, views or preferences of the person;
      • correspondence that is implicitly or expressly of a personal, private or confidential nature (or further correspondence that would reveal the contents of the original correspondence);
      • the views or opinions of another individual about the person; and the name of the person, if it appears with other Personal Information relating to such person, or if the disclosure of the name itself would reveal information about the person;

      provided that such Personal Information is not in the public domain or held by a public body and is publicly accessible.

    • Software means collectively:
      • (i) online application software that is provided by or is connected with Momentum
      • (ii) all the contents of the software under this user agreement, including the object code form of the software; and
      • (iii) upgrades, modified versions, updates, additions, and copies of the software, if any, in respect of which the rights are granted to you under this user agreement.
    • working day means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa.
    • you or your means the end user (either an individual or an entity) of the Digital Platform.

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  2. Conditions and right of use

    1. This user agreement is between you and Momentum. Momentum grants you a non-exclusive, non-transferable right to use the Digital Platform under the terms and conditions set out below. For purposes of collecting personal information from any third party with a view of submitting and placing it on the Digital Platform you will be regarded as the responsible party as defined in the Act and the said third parties as the data subjects. For purposes of processing, keeping and storing personal information on the Digital Platform, Momentum will be regarded as the responsible party and you as the data subject.
    2. You
      • accept the right granted to you in terms of clause 2.1 above;
      • are authorised only to use the Digital Platform subject to the following conditions;
        • That any personal information as defined is collected from any third party with the view of placing data on the Digital Platform as defined was and is collected in terms of the provisions of the Protection of Personal Information Act,
        • That you are authorised to use the Digital Platform for your own purposes in relation to this user agreement and shall not exploit it for commercial gain under any circumstances whatsoever; and
        • acknowledge that you obtain no rights of ownership in the Software whatsoever.
    3. By using the Digital Platform, you acknowledge that you have read, understand and expressly agree to the terms and conditions of this user agreement.
    4. Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Digital Platform, your cell phone provider may, depending on the type of contract you have, charge you for accessing the Digital Platform or for any usage of the Digital Platform (such as data charges and SMS charges). Momentum cannot be held responsible for these charges.

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  3. Commencement and Termination

    1. This user agreement is effective from the date you accept the terms and conditions of this user agreement.
    2. Momentum may automatically and immediately terminate the license granted hereunder without notice if you fail to comply with any provision of this user agreement.

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  4. Your profile

    1. If you use the Digital Platform, you agree to keep your login details (your user name and password) confidential and not allow any other person to use it. Should you enable and use fingerprint authentication to access the Digital Platform from your mobile device, you agree to take precautionary measures to keep your device safe from any unauthorised access.
    2. You accept full responsibility for any activity/transaction that occurs under your login details, even if you have shared your user name and password. Any use of your login details shall be regarded as if you were the person using such information.
    3. When choosing a user name and/or password, Momentum may specify certain requirements that you will need to meet. These requirements may change from time to time and you may be required to update your credentials.
    4. Momentum may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.

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  5. Changes to this user agreement

    1. Momentum reserves the right to change any of the terms and conditions contained in this user agreement at any time and in its sole discretion.
    2. When Momentum makes changes to the user agreement, you will be presented with the latest version (or notification that the user agreement have been updated) the next time you access the Digital Platform. You will need to accept the updated terms and conditions (or acknowledge that you are aware that changes have been made to Momentum’s terms and conditions) before you can continue using the Digital Platform. Any changes will be effective immediately when you accept the updated terms and conditions on the Digital Platform.

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  6. Restrictions on License

    1. You shall not
      • except to the extent as may be permitted by law, modify, translate, correct any error, defect or operating anomalies or create derivative works based on the Software and Momentum Apps, nor reverse assemble, decompile or reverse engineer the Software and Momentum Apps, whether in whole or in part, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, programming of the Software and Momentum Apps or any files contained in or generated by the Software and Momentum Apps, nor shall you permit, whether directly or indirectly, any third party to do any of the foregoing; or
      • sell, lease, encumber, sublicense, lend, transfer or assign the Software and Momentum Apps to any other third party.
    2. You must not misuse the Software and Momentum Apps by introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Software and Momentum Apps. You are responsible for making all arrangements necessary for you to have access to the Digital Platform, and for ensuring that all persons who access the Digital Platform through your internet connection and/or device are aware of the terms and conditions of this user agreement and that they comply with it.
    3. You agree that you shall only use the Digital Platform in a manner that complies with all applicable laws in the jurisdiction in which you use the Digital Platform, including, without limitation, applicable restrictions concerning copyright and other intellectual property rights.

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  7. Intellectual Property Rights

    1. The Digital Platform, Software and Momentum Apps, and all rights, including, without limitation, intellectual property rights therein, are owned by Momentum and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable laws of the Republic of South Africa.
    2. You agree that you have no intellectual property rights whatsoever in the Digital Platform, Software and Momentum Apps. The structure, organisation, and code of the Software and Momentum Apps are the valuable trade secrets and confidential information of Momentum and/or its licensors and affiliates.
    3. You will notify Momentum of any claim which may be made alleging that the Software and Momentum Apps infringes the intellectual property rights of a third party as soon as you become aware of any such actual or potential claim.
    4. You shall immediately bring to the attention of Momentum any infringement or suspected infringement by any third party of any of the intellectual property rights in the Software and Momentum Apps of which you are aware.

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  8. Disclaimer

    1. Although Momentum is committed to providing you with the best possible service you acknowledge that the Digital Platform is provided “as is” without warranty of any kind, express or implied, statutory or otherwise, and, to the maximum extent permitted by applicable law, neither Momentum, its licensors or affiliates, nor the copyright holders make any representations or warranties, express or implied, including, without limitation, to warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee, or representation, whether oral, written or in electronic format, including but not limited to the accuracy or completeness of any information contained therein or provided by the Digital Platform and its services.
    2. Momentum shall not be liable for any loss or damages (including without limitation consequential loss or damage) whatsoever from the use of, or reliance on the information contained in the Digital Platform.
    3. The Digital Platform has not been written to meet your individual requirements and there is no warranty by Momentum or by any other party that the functions contained in the Digital Platform will meet your requirements or that the operation of the Digital Platform will be uninterrupted or error free.
    4. You assume all responsibility and risk for the selection of the Digital Platform, Software and Momentum Apps to achieve your intended results and for the installation, authentication methods to gain access, use, and results obtained from it.
    5. The Digital Platform is provided by Momentum on an “as is” and “and available” basis.
    6. Momentum does not guarantee the operation of the Digital Platform and use thereof is at your own risk.
    7. While Momentum is committed to exercising due care it does not guarantee that the Digital Platform, its tools and servers and/or systems are free from viruses or other harmful components.
    8. To the maximum extent permitted by applicable law, Momentum, its employees and licensors shall not be liable to you or to any third party for any liability, losses, damages and/or costs or expenses whether special, direct, indirect and/or of a consequential nature including but not limited to loss of income, loss of profits, loss of business information, business interruption, death or personal injury caused by any nature whatsoever or arising out of the use of or inability to use the Digital Platform, any defect or error in the Digital Platform or any failure in the performance of the Digital Platform and you hereby indemnify Momentum against any such liability.
    9. Momentum is committed to providing you with the best possible service but will not be held liable for:
      • Any interrupted, delayed or failed transmission, storage or delivery of information due to power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other events, circumstances or cause beyond the reasonable control of Momentum;
      • Any inaccurate, incomplete or inadequate information supplied by you via the Digital Platform;
      • Any direct or indirect loss or damages relating to any events described in this clause or the clauses above, your actions or omissions that result in a breach of this user agreement, a denial of access to the Digital Platform should we believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website or place Momentum in disrepute.

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  9. Protection of your Personal Information

    1. Momentum will take reasonable steps to protect the Personal Information supplied by you from loss, misuse or unauthorised alteration in accordance with the relevant data protection laws.
    2. You may at any time instruct Momentum to withdraw your consent from processing or further processing of personal information provided by you. In such an event you understand that you will lose your ability to use the Digital platform.
    3. You may at any time, subject to terms and conditions instruct Momentum to disclose or correct personal information
    4. You may object to the processing of personal information or request information to be deleted. In such an event you understand that Momentum may in its sole discretion withdraw your right to use the Digital platform.
    5. Momentum may from time to time utilise the Personal Information you choose to supply via the Digital Platform for personalisation of content and user experience and data analytics and by registering on and accessing the Digital Platform, you consent to the use of your Personal Information for these purposes.
    6. Momentum may share any images that you upload to the Digital Platform with any of its internal or associated digital platforms to enrich the experience of your interactions with them. We will request your permission should we require to use these images for any other purpose not mentioned above.

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  10. Use of Third parties

    1. To administer the functionality of the VIA offering properly, we need to share your information with others in the Momentum Metropolitan group of companies or to employ third parties (locally and abroad) and/or their software to assist with certain aspects of the Digital platform. Momentum Metropolitan Group will make sure that the contracted service providers agree to our privacy and security policies if they need access to your personal information.

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  11. Third-party Websites

    1. As a convenience to you, the Digital Platform may contain links to other websites belonging to and/or operated by third parties. These third-party websites are not under the control of Momentum and by making these links available, we are not endorsing these third-party websites, their content, products, services or the owners.
    2. It is your responsibility to ensure that you obtain any information which may be relevant to making a decision, and that you read the privacy and security policy on such third-party websites. Momentum will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third-party websites and/or software. You agree that where you access third party websites you do so entirely at your own risk.
    3. Momentum seeks to protect the integrity of its website and the links placed upon it, and therefore requests any feedback on not only our Digital Platform but also such third-party websites.

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  12. Governing Law

    1. This user agreement will be governed, construed and take effect in all respects in accordance with the laws of the Republic of South Africa. By accessing and using the Digital Platform, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.

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