Nashua Mobile App
Smartphone App Terms and Conditions
Smartphone App Terms and Conditions
This agreement applies to a subscriber of Nashua Mobile who makes use of a Smart phone application services. These terms are separate to the subscriber contract entered into between yourself and Nashua Mobile for the cellular and data services. In the event that there is a conflict between these terms and Nashua Mobile’s standard terms and conditions, the standard terms and conditions will apply. Our terms and conditions are available at www.nashuamobile.com or upon request.
With this service you are able to:
- view your cell phone account;
- add VAS (value added services to your account);
- purchase prepaid airtime and other products.
As you use this service, your personal information can be accessed and viewed. It is therefore imperative that you ensure that you maintain your login details to the Nashua Mobile App confidential at all times.
In this agreement, the following words will have the following meanings:
The words, “you” or “your” means the Nashua Mobile Subscriber and the authorised user thereof. The words “us,” “we” or “our” only means Nashua Mobile. Before you can use the smart phone application, you must register the service on your smart phone.
When does this agreement start?
This agreement starts as soon as any of the following happens:
- When you register to use any of the services;
- When you get access to be able to use any of the services;
- When you actually use any of the services.
For your protection and security you must enter the correct access information to identify yourself whenever you use or logon to the service.
Since we deal with each other in a non-face to face environment, for your security, you will need to enter the correct access information or take any other steps acceptable to us, for us to verify your identity and the electronic communications you send us using the service each time you logon to the service. This is known as “verification”. Access information, includes any physical devices we give you to allow you to logon to the relevant service which you use with your PIN (personal identification number) or username. All electronic communications that are sent to us after you have met our verification requirements during logon will be treated as valid and authentic. This means that these electronic communications will have the same legal effect as written and signed paper communications from you. To protect you, we can refuse to act on any instructions you send us or can cancel your access (temporarily or permanently) if you don’t meet the verification requirements. This includes where you enter the wrong access codes or login details.
We are entitled to act on and accept all transactions done after your login details have been entered.
Since we deal with you, non-face-to-face, we will act on and accept all instructions or transactions (“transactions”) done after your correct login details have been entered and you meet the verification requirements set by us. We will assume that all such transactions have been authorised by you, even if such transactions took place without your knowledge or consent or were not authorised by you. This will not apply to transactions that occur after you have requested that we cancel your login details.
Authorised Users act on your behalf as your agent
By allowing an authorised user to access your account, you give that person the authority to act as your agent. This means that anything the authorised user does or doesn’t do will be attributed to you. In other words their actions or failure to act (omission) will be considered by us as your actions or failure to act (omission).
Certain information, including your account balance information, may be delayed Certain information, including your account balance information, inclusive minute and SMS balance that is made available to you on the service page may be delayed and may not show your recent transactions. You can confirm your account balance information by contacting us on 0861 412 412. Should you wish to add on a service or change any service on your account, there might be a delay in the activation and/ or removal of the service with the relevant cell phone Network operator.
Charges you must pay to use the Service
The charge that you will have to pay us for the service will include the data download and upload costs required for the service to communicate with us. These data charges can be viewed at www.nashuamobile.com. The data download charges will appear as part of your regular data usage on your monthly account and collected (debited) from the bank account you choose for this on your original subscriber application form. If you don’t pay our fees we may refuse to give you access to the service.
Nashua Mobile is not responsible for third party software
From time to time we may make third party software/applications (“software”) available for download via the service page. You download and use the software at your own risk. We make no warranty about the software, whether express or implied. You will be bound to the license terms of the software licensor. You hereby indemnify us and hold us harmless if you breach the license conditions.
IMPORTANT: Nashua Mobile’s liability will be limited for loss caused by use of the service.
Nashua Mobile undertakes to ensure to the best of its ability that the services are provided to you in a secure and reliable manner. Nashua Mobile shall take reasonable care to prevent harm and loss to you. Although the Nashua Mobile takes reasonable care to prevent harm or loss to you, Nashua Mobile will not be liable for any kind of loss or damage you may suffer, including direct, indirect, special, incidental or consequential damages, because of your use of, or inability to use, the services. This will not apply where the loss/damage arose because of Nashua Mobile’s negligence or intent. In addition to the above Nashua Mobile is not liable for the following (except where such loss or damage is caused by Nashua Mobile’s negligence or intent):
- any loss or damage, which you or any other party may suffer due to unauthorised interception and/or monitoring;
- any loss or damage if you didn’t take reasonable steps to safeguard the account, the log in details and/or follow the steps recommended by Nashua Mobile from time to time;
- late or delayed transactions;
- loss or damage arising from the unauthorised use of the service page including where a user exceeds their authority;
- Nashua Mobile is not responsible for any errors or delays in communication systems outside of its control.
We own the intellectual property rights in the service channel and its content
The contents of the service page, including all registered and unregistered trade marks, is owned by us and are our intellectual property rights. You may not copy, reproduce, display or use any intellectual property in any manner whatsoever without our prior written consent. Nothing on the service page must be seen as granting any licence or right of use of any intellectual property. You may not establish any connection, including via a hyperlink, whether electronically or otherwise to any part of the service page or Nashua Mobile’s website without our prior written consent.
We can end this agreement at any time or end your right to use the services, after giving you 20 business days notice. This will not affect instructions given to us using the service page before the agreement ended. We can also end this agreement and your right to use the services immediately if any one or more of the following happens:
- If you commit fraud or we suspect you have done so.
- If we believe that your behaviour was inappropriate or constitutes misconduct.
- If you breach this agreement or the terms of your cellular subscriber agreement.
- If the law requires us to do this.
- If you don’t use the services for a period of 6 (six) months or more. If we end the agreement because of this you will have to register again.
You may end this agreement by providing us 20 business days notice in writing or by phoning our call centre. If you or we end this agreement you will still be responsible to us for all charges, if any.
Lost or stolen Smartphone
Should you lose your handset or your handset is stolen, you have to immediately contact Nashua Mobile on 0861 412 412 in order to request that your SIM card and devise to be locked on our system.
Should you require any more information on the services or these terms, please contact us on firstname.lastname@example.org. By accessing the services and using the services you confirm that you understand these services and that the terms will be legally binding.
Any communication from us to you will be regarded as having been sent at the time shown on the communication or on our transmission logs. In any proceedings or dispute, our records certified as correct by Nashua Mobile’s IT department, will be sufficient proof of any instructions you have provided or transaction you have performed on the service page, the content or services on any service page or value added service, unless you can prove otherwise. While we may give you extra time to comply with your obligations or decide not to exercise some of our rights, you must not assume that this means that our agreement with you has been changed or that it no longer applies to you. We can still insist on the strict application of any or all of our rights at a later stage. Every clause of the agreement and rules is severable from the others. If one or more of the clauses is invalid it will not mean the rest of the agreement or rules are invalid. The rest of the agreement and rules will still apply. Where dates and times need to be calculated the international standard time (GMT) plus 2 (two) hours will be used. This agreement will be governed by the laws of the Republic of South Africa without giving effect to conflict of laws provisions.