INTRODUCTION

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These Terms and Conditions, forms the basis of the legal relationship between Npontu Technologies and all its clients who make use of this platform for both personal and professional reasons. It also incorporates the provisions of our Privacy Policy.

INTERPRETATION

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App, Application or System - this refers to Npontu’s proprietary application that enables the sending of messages via multiple channels. Network Operator - means any party licensed to install, operate and maintain a cellular telephony network; Services - shall mean and include all products and services offered or provided to Users by BulkSMS, Email, among others. User - shall mean any natural or legal person who makes use of any of the Services or who uses or visits the application Privacy - means the protection of information that identifies and or concerns an individual or a group

SERVICES

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Npontu shall endeavour to make available uninterrupted use of its system and delivery of all messages sent using its application. However, the delivery of messages in this case SMS messaging is largely dependent on the effective functioning of Network Operators' cellular networks, network coverage and the recipient's mobile handset. Npontu does not and cannot guarantee the availability of any Service, the delivery of SMS messages or the compatibility between any message or content format and any mobile handsets or mobile operating systems.

The various Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice to us, in which event Npontu shall in turn modify, enhance, develop or discontinue with the affected Services to Users without notice.

Npontu shall always endeavour to inform users of any updates, upgrades or downtimes to be experienced on its application in so far as it is reasonably practicable.

Messages shall be deemed to have been delivered when Npontu has transmitted the messages to the appropriate network and has received feedback status on same.

Npontu shall have the right to withhold, terminate or suspend the provision of Services to a User at any time if not doing so may affect the brand of Npontu or impact negatively on its services. The user shall not be refunded any cash in the stead of unused credit. Users are therefore cautioned against the below and others like it:

a)The sending of spam on the platform b)The use of the system to terminate fraudulent messages c)The use of the application for phishing Users hereby indemnify Npontu against any fine imposed on Npontu or any damages suffered by Npontu because of any act or omission of the User that amounts to a breach of any law or code of conduct to which Npontu may be subject. Upon notification of any such fine or damages, Users agree to immediately pay the amount of such fine or damages to Npontu. Any amount not paid to Npontu within 48 hours of notification thereof shall accrue interest at the prevailing commercial bank rate per annum.

SECURITY

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To use the platform, a User is required to complete the registration process and must provide Npontu with up to date, complete and accurate information as requested by Npontu. Failure to provide accurate and complete information on registration may result in termination and deletion of the Users account. A User may also be required to choose a Username and password. Users are responsible for maintaining the confidentiality of their Usernames and passwords and Users undertake not to divulge their Username and passwords to any other person. A User is entirely responsible for all activities that occur in its account and shall be strictly liable to make payment of all charges incurred under its account whether these charges are incurred by the User or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach.

Users agree to notify Npontu immediately of any unauthorized use of their account(s) or any other breach of security.

In the event that a User wishes to replace the name, details, person/employee using a specific Npontu account of the User, and wishes to prevent the individual or person from accessing the account, the account holder shall inform Npontu in writing of this change and change all details on the account accordingly. Npontu may refuse to act on the instructions of an account holder where the account holder fails to provide sufficient proof of its identity as the account holder and the authority of the person purporting to represent it in making such a request and Npontu shall have no liability to the account holder or the individual person where it refuses to act in the absence of such proof, nor where it acts in good faith reliance of any information submitted to it in support of any such request made by any person purporting to represent the account holder, including in respect of any claims for breach of privacy, security or confidentiality.

PRIVACY POLICY

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Npontu will not intercept, monitor, copy or disclose any User messages or personal information about the User or the User's messaging account, phonebook or MSISDN's, other than in the normal course of the use of the Services, without the User's prior permission unless Npontu believes in good faith that such action is necessary to conform to legal requirements, to co-operate or comply with legal process, investigations, summonses, subpoenas and the like, to protect and defend the rights, property or legally protectable interest of Npontu, the User or other third party, to enforce any of the provisions of these terms and conditions or to protect Npontu's business or reputation. The User agrees that Npontu if necessary may access its account and message contents for the purposes described above without notice and to respond to service or technical issues the User may communicate from time to time.

A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.

11.Users agree that Npontu may make use of app visits and non-identifiable account usage data for statistical, research and marketing purposes. In providing its services, Npontu shall not in its ordinary business process or share any data that allows any third party to identify any individual persons. In accepting these terms services, a user agrees that Npontu may use and share de-personalised data for purposes set out above.

Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of End Users

Where, for the purpose of providing the Services to you, any Npontu Service acts as an Application Programming Interface ("API") for the purpose of specifying how different software systems should interact with each other, or where for that same purpose any Npontu Service interacts with other API's, including third party API's, we may pass and retrieve data, including personal information, between the different software systems and third parties that interact via those API's.

We may communicate with User’s, resellers and other persons by email and other messaging applications. You may opt out from promotional and marketing communications.

For more information on our data protection policy or to report a breach please send mail to privacy@npontu.com.

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