Copyright © (2016) 3 Way Marketing (Pty) Ltd

“All rights reserved – These rights are copyrighted under South African Law”

TERMS AND CONDITIONS

BY REPLYING “YES” TO THE SMS RECEIVED, OR BY CLICKING AND FOLLOWING THE LINK IN THE E-MAIL RECEIVED, YOU ARE AGREEING TO OUR TERMS AND CONDITIONS AND YOU ARE OPTING INTO AND PROVIDING YOUR CONSENT TO RECEIVING MARKETING E-MAILS, SMSs, CALLS AND AUTOMATED VOICE MESSAGES FROM US IRRESPECTIVE OF THE SPECIFIC SERVICE OR ASSOCIATED CAMPAIGN.

BY RESPONDING WITH “STOP” OR BY FOLLOWING THE OPT-OUT LINK PROVIDED IN THE SMS OR E- MAIL RECEIVED, YOU ARE ONLY OPTING OUT OF THE SPECIFIC SERVICE OR ASSOCIATED CAMPAIGN REFERRED TO IN THE SMS OR EMAIL AND THEREFORE DO NOT PROVIDE YOUR CONSENT TO RECEIVING MARKETING E-MAILS, SMS’, CALLS AND AUTOMATED VOICE MESSAGES FROM US RELATED TO THE SPECIFIC SERVICE OR ASSOCIATED CAMPAIGN.

SHOULD YOU DECIDE TO OPT OUT OF ALL OR ANY DIRECT MARKETING RECEIVED FROM US, YOU CAN EITHER CLICK ON THE FOLLOWING LINK www.D0T.tv, OR REGISTER ON THE NATIONAL DO NOT CONTACT LIST WHICH CAN BE FOUND ON WWW.DMASA.ORG.

In interpreting these Terms of Use please refer to the Definitions below.

ABOUT US

This website is a product of 3 Way Marketing (Pty) Ltd (hereinafter referred to as “we”, “us”, “our”), whereby we bring you the latest specials, deals and promotions in various industries, such as financial services, insurance, motor warranty etc.

3 Way Marketing is a lead generation and marketing company and by agreeing to these terms and conditions you are opting into and providing your consent to receiving marketing e-mails, sms’s, calls and AVM’s from 3 Way Marketing.

We will use your personal information to send you marketing communications (SMS, E-mails AVM, Telephonic Calls) in order to keep you updated and informed on the latest specials, deals and promotions we have on offer.

USE OF THE WEBSITE

You, the user of this website, may only use the website to browse the content, enter legitimate information and will not use the website for any other purposes. You warrant that you will only enter true and accurate information. You may only use the website if you are over 18 years old. The website and the content provided on it may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Deep-linking, embedding or using analogous technology is strictly prohibited.

Unauthorized use of the website or the materials contained on the website may violate applicable copyright, trademark or other intellectual property laws or other laws.

OUR RIGHTS

You may receive communication from us via multiple channels, such as, but not limited to; Automated voice messages, SMS's, e-mail and outbound calls from us or our partner call centers. In the event that you opt out of this service or campaign, you will still be marketed to for other products or services, unless you decide to completely opt out of all marketing campaigns by registering on the National Do Not Contact List which can be found on www.dmasa.org.

YOUR PRIVACY RIGHTS

We take your privacy rights very seriously, for full details on how and what personal information we collect, as well as how we will use this personal information, please read our Privacy Policy.

MAINTENANCE

We will use our reasonable efforts to maintain the website. The website is subject to change from time to time. You will not be eligible for any compensation should your use of any part of the website be affected in anyway and or because of a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control. We may:

modify or withdraw, temporarily or permanently, the website (or any part of it) with or without notice to you and you agree that we will not be liable to you or any third party for any modification to or withdrawal of the website; and

change these terms from time to time with or without notice to you, and your continued use of the website (or any part of it) following such change will be deemed to be your acceptance of the change.

MONITORING

We hold the right in our sole and absolute discretion, to monitor any activity and content associated with the website. We may investigate any reported violation of these terms or complaints and take any action that we may deem appropriate which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access, or the removal of any materials from the website.

ELECTRONIC COMMUNICATIONS

When you visit the website or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any and all legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY

All content included on the website, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected by international intellectual property laws.

All software used on the website is our property or that of our software suppliers and is protected by international intellectual property laws.

The registered and unregistered trademarks, names, logos and service marks displayed on the website belong to us. Nothing contained on the website, except as expressly stated in these terms, will be construed by you as the granting of any license or right to use any trademark without our prior written permission. All rights in and to the content and trademarks are reserved and retained by us or our content suppliers. You further acknowledge that we, or our content suppliers are the proprietors of all the content and trademarks on the website, whether it constitutes confidential information or not, and that you hold no right, title or interest in any such material.

WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, AND/ OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

NEITHER WE NOR OUR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO EXPRESS NOR IMPLIED REPRESENTATIONS OR WARRANTIES, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, OR OUR SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST

PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OUR SERVICES OR THE TERMS AND CONDITIONS (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE). OUR LIABILITY OF AND THAT OF OUR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO R500.00.

GOVERNING LAW AND JURISDICTION

The Service is controlled and maintained from our facilities in the Gauteng province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern the Service and this Policy.

You consent to the jurisdiction of the South Gauteng High Court, Johannesburg, South Africa in respect of disputes which may arise out of your use of the Service and this Terms of Use.

GENERAL

We grant you a limited license to access the website. This license does not permit any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

ECT ACT DISCLOSURES

Access to the content on or through the Service and the Website itself are classified as “electronic transactions” in terms of the Electronic Communications and Transactions Act (No. 25 of 2002), as amended from time to time (“ECT Act”), and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to the disclose the following information:

Our full name and legal status: 3 Way Marketing (Pty) Ltd

Street address: 312 Kent Avenue, Randburg, Johannesburg

Postal address: 312 Kent Avenue, Randburg, Johannesburg

Physical address for receipt of legal service: 312 Kent Avenue, Randburg, Johannesburg

Main business: Direct Marketing

Website address: http://www.3waymarketing.co.za/

Official email address: enquiries@3waymarketing.co.za

Membership of self-regulatory or accreditation bodies: DMA

Governing terms of use: These terms and our Privacy Policy

Manual in terms of the Promotion of Access to Information Act 2 of 2000: See Website.

Management: Tom Goldgamer and Danny Aaron

Costs associated with the access to and use of the Service: There are no costs associated with accessing

the Service

Dispute resolution: No specific dispute resolution process

Complaints process: If you have any complaints or would like more information please e-mail complaints@3waymarketing.co.za

Definitions

The following words and phrases bear the meanings assigned to them below and related expressions bear corresponding meaning:

“3rd Party” means our Client’s and Affiliates for the specific purpose of marketing product related services to you;

“3 Way Marketing”, “our”, “us” and “we” means or are references to 3 Way Marketing (Pty) Ltd, a company incorporated in accordance with the laws of South Africa;

“3 Way Marketing’s Associates” means 3 Way Marketing’s officers, servants, agents or contractors or other persons in respect of whose actions 3 Way Marketing may be held to be vicariously liable;

“Client” means the entity or person who contracts with us for the use of the Services;

“Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which may be protected by copyright;

“ECT Act” means the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time as well as any regulations issued in terms of this Act);

“Intellectual Property” means all works, including literary works, pictorial, graphic and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising, marketing and promotional concepts, ideas, proposals and slogans (whether or not subject to copyright); information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts; trade secrets; and any inventions, including all processes, machines, and compositions of matter, and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon;

“Intellectual Property Rights” means rights, whether registered or unregistered, including applications for and rights to obtain or use Intellectual Property;

“Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);

“Party” means either 3 Way Marketing or you as the context may indicate (“Parties” has a corresponding meaning);

“Personal Information” bears the meaning contained in the Protection of Personal Information

Act, no 4 of 2013, as amended from time to time;

“Service” means the services provided by 3 Way Marketing through which they market various products to users by means of SMS, email, automated voice messaging and online marketing;

“South African Law” means all and any laws and regulations of the Republic of South Africa, including but not limited to applicable codes of conduct, as may be promulgated or amended from time to time;

“Terms” means the terms and conditions which govern use of the Service, as amended from time to time, and which comprise the following“

“use” when used in the context of -

oa website (whether it be the website affiliated with 3 Way Marketing or a 3rd Party Website), means to visit, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;

“user” means you, the website user, to which the products are marketed by 3 Way Marketing for the purposes of 3 Way Marketing