OPERATION OF THE MUKURU SERVICE
6.1. Remitix Limited/Remitix Affiliate may suspend or terminate your account if it suspects that you have engaged in or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Mukuru Service. 6.2. In addition to the conduct stipulated in 6.1, Remitix Limited/Remitix Affiliate may limit your activity, immediately issue a warning, suspend or terminate your account without notice if: 6.2.1. despite its reasonable endeavours, Remitix Limited/Remitix Affiliate is unable to verify or authenticate any information you have provided; or 6.2.2. Remitix Limited/Remitix Affiliate believes that your actions may cause Remitix Limited/Remitix Affiliate to suffer financial loss or incur legal liability.
7.1. By registering as a user of the Mukuru Service, you agree to allow Remitix Limited/Remitix Affiliate to send you marketing messages from time to time. 7.2. Remitix Limited/Remitix Affiliate will not allow third parties to send marketing messages to you using the information you have provided.
COLLECTION OF INFORMATION
10.1. The Mukuru Service and all intellectual property incorporated in or related to the Mukuru Service (including without limitation copyrights, patents, database rights, trademarks and service marks) is owned by or licensed to Remitix Limited. All right, title and interest in and to such intellectual property shall remain the property of Remitix Limited and/or the property of such third party licensor.
11.1. Remitix Limited, Remitix Affiliates, officers, directors, agents and employees do not guarantee continuous, uninterrupted or secure access to the Mukuru Service, and operation of the Mukuru Service may be interfered with by numerous factors outside of Remitix Limited/Remitix Affiliate’s control. 11.2. The Mukuru Service is provided “as is” and as and when available and, to the extent permissible by law, Remitix Limited/Remitix Affiliate excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation, any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY
12.1. In no event will Remitix Limited or a Remitix Affiliate, their respective licensors, service providers, business partners, employees, agents, officers or directors be liable for damages of any kind, arising out of or in connection with your use, or inability to use, the Mukuru Service including any direct, indirect, special, incidental, consequential or punitive damages, including, without limitation, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable. 12.2. Remitix Limited and a Remitix Affiliate, their respective licensors, service providers, business partners, employees, agents, officers and directors, will not be liable for damages of any kind (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of the networks and equipment of such providers. 12.3. Remitix Limited/Remitix Affiliate’s liability to you or any third party, and the liability of their officers, directors, agents and employees in any circumstance is limited to the total Mukuru Service Fee paid by you in relation to the Remittance Transaction giving rise to liability or ZMW 1,200 (one thousand, two hundred Zambian Kwacha), whichever is the greater. 12.4. The abovementioned provisions do not affect any liability which cannot be excluded or limited under applicable law.
COMMENTS AND COMPLAINTS
14.1. If you wish to make a comment or complaint about any aspect of the Mukuru Service, please send your complaint in writing to Remitix Limited, 12 Old Mills Industrial Estate, Paulton, Bristol, BS39 7SU, England, United Kingdom, or email your complaint to [email protected].