Terms and Conditions

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1. WEBSITE TERMS AND CONDITIONS OF USAGE The User’s (Your) usage of the online information services contained on the Website constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising obligations towards Messagesquare. You will be subject to the Terms and Conditions of Usage in force at the time that you use the website. This agreement was last revised on 10 Oct 2025. You are advised to regularly check these Terms and Conditions for any amendments or updates. 

Enquiries: legal@messagesquare.com 

1.1 Limited Liability of Messagesquare: The User understands, acknowledges and agrees that usage of the Website is at the sole discretion and risk of the User. Messagesquare reserves the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to: content, hours of availability, equipment needed for access or use of the Website and products made available for purchase. Notwithstanding the effort placed on maintaining the availability and accessibility of the Website, Messagesquare takes no responsibility for, and will not be liable for the Website being temporarily unavailable or inaccessible for whatever reason. You accept and agree that Messagesquare may prohibit Your further use of the Website at its sole discretion, with or without notice. 

1.2 No Warranty: The information contained on the Website is provided by Messagesquare and/or its partners, affiliates, members, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies. 

1.3 Indemnification of Messagesquare: You agree to defend, indemnify and hold Messagesquare, its officers, directors, members, employees, agents, licensors, and suppliers harmless from and against any claims, damages, actions and liabilities including without limitation: loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website any reasonable legal and/or accounting fees, resulting from, or alleged to result from Your use of this Website. 

1.4 Unauthorised Use of the Website: The User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of Messagesquare or third parties, use which is unlawful, defamatory or otherwise objectionable or offensive in the discretion of Messagesquare or which constitutes advertising of goods or services in the absence of written approval from Messagesquare. Unauthorised use of this Website may give rise to Messagesquare instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages. 

1.5 Website Links: From time to time this Website may include links to other websites. These links are provided for Your convenience for the purposes of providing further information. Such links do not signify that Messagesquare endorses the website(s) linked to. You agree that Messagesquare shall have no responsibility or bear no liability in relation to the content of the linked website(s). You may not create a link to this Website from another website and/or document without Messagesquare’s prior consent in writing, in which case the terms of Your linking to the Website shall be governed by the terms of Your “Linking Agreement” with Messagesquare 

1.6 Applicable Law and Jurisdiction: This Agreement shall be governed by and be interpreted in accordance with the law of South Africa. Any dispute regarding this Agreement that cannot be resolved between the Parties, shall first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Cape Town. 

1.7 Severability: If any provision of this Website Legal Notice is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website Legal Notice, which shall remain in full force and effect. 

1.8 Website Intellectual Property: This Website constitutes software and content (such as: images, text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of Messagesquare and/or various third parties and subject to the relevant intellectual property laws. Further and to the extent that Messagesquare does not own specific content or such content falls within the public domain, Messagesquare may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No rights and/or license to Messagesquare’s intellectual property or the intellectual property of third parties have been granted to You, unless otherwise indicated. The software and content may not be used in violation of the intellectual property rights of Messagesquare and/or such third parties as applicable. Without limitation on the prohibitions placed on the User, the User expressly agrees not to: 

1.8.1 commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website content without the prior written approval of Messagesquare or in the case of third party content, the owner of that content; 

1.8.2 claim or convey ownership of Website content either in its entirety or otherwise; 

1.8.3 modify the Website content for the purposes of reposting to other websites; 

1.8.4 alter or remove any trademark, copyright or other notice from the Website content; 

1.8.5 copy or otherwise incorporate Website content into or store in any other website, electronic retrieval system, publication or other work in any form; and/or 

1.8.6 frame the Website or any part of the Website. 1.9 Unsolicited Commercial Communications: You agree not to collect or use any Personal Information of Users of the Website, contributors to the Website and/or customers of Messagesquare for the purposes of transmitting and/or facilitating in the transmission of unsolicited commercial communications (“SPAM”).  

2. MESSAGESQUARE REGULATORY INFORMATION 

The following table contains further information on Messagesquare and represents the information that must be provided by Messagesquare to You in compliance with Section 43 of the Electronic Communications and Transactions Act. This section of the Website Legal Notice was last revised on 10 Oct 2025. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates. Enquiries: legal@messagesquare.com 

2.1 The full name of Messagesquare: Messagesquare Messaging Solutions (Pty) Ltd, being a private company registered and incorporated in terms of the Companies Act (61 of 1973) of South Africa.  

2.2 Messagesquare’s physical address and telephone number: 13 Rust en Vrede Str, Ridgeworth, Bellville, 7550. +27 82 776 3476 

2.3 Messagesquare’s Website address and e-mail contact address: http://www.Messagesquare.com / legal@messagesquare.com 

2.4 Code of Conduct to which Messagesquare subscribes and how that code of Conduct may be accessed electronically: Wireless Applicators Service Providers Association (WASPA) www.waspa.org 

2.5 The registration number of Messagesquare: 2006/038489/07 

2.6 The place of registration: South Africa 

2.7 The names of Messagesquare’s Directors: DJ Lange and AM Groenewald 

2.8 The physical address where Messagesquare will receive legal service of documents: 

8 Duet Crescent, Sonstraal Heights Durbanville, 7550 

2.9 Description of the main characteristics of the products or services offered by Messagesquare: Messagesquare is an accredited reseller of messaging and advertising solutions. Services range from basic SMS messaging to mobile advertising. 

2.10 Alternative Dispute Resolution Code: You agree that in the event of a dispute or alleged breach of the terms hereof You will work together with Messagesquare in good faith to resolve the matter internally by escalating it to higher levels of management prior to resorting to arbitration.  

3. SERVICES AND FEES In this section the following terms shall have the following meanings: 

“Communications” means a data message between Yourself and a Network that is transmitted by Messagesquare; 

“Fees” means the fees and charges to be paid to Messagesquare in respect of the Services rendered to You; 

“Network” means a mobile cellular network service provider designated for purposes of delivery of the Services; 

“Services” means the Communication related services offered by Messagesquare in conjunction with the Networks or WASP (as may be specified on this website) made available to You by Messagesquare pursuant to your usage of such Services; 

“Subscriber” means a subscriber to a Network that receives or sends Communications to You via the Services; 

“Subscriber Charges” means the charges that may be applied to Subscribers by a Network to transmit Communications pursuant to a Service rendered, and; 

“UserID” means the mechanisms used by Messagesquare to grant access to the and that are issued to You by Messagesquare that remain valid and have not expired or been deactivated by Messagesquare. 

3.1 Messagesquare offers Services to You as may be set out on this website. Your use of this website and Services are inter alia subject to these terms and conditions. By electing to make use of the Services and/or this website You agree to be bound by these terms and conditions. 

3.2 Should You make use of the Services You shall be liable at all relevant times to make payment to Messagesquare of Fees for usage of such Services. Fees applicable to the Services shall be stipulated by Messagesquare and failing such stipulation such Fees shall be charged to yourself at Messagesquare’s standard prevailing rates applicable to such Services and the standard bearer fees charged by the applicable Network for Your Communications over the particular Services. In addition, Subscriber Charges may be charged to Subscribers by the Networks for participating in the Services at applicable rates. 

3.3 Messagesquare may increase the Fee rates, at any time without notice to the Yourself, and in accordance with any additional and/or unexpected price increases and/ or increases in the Consumer Price Index and/or additional costs and/or charges Messagesquare may incur from either Regulators and/or Networks and/or other third parties, from time to time, provided that Fee rates will not be increased by a higher percentage than the percentage increase made by Messagesquare generally offered to its clients similar to You. 

3.4 Fees shall exclude all taxes, duties, tariffs, rates, levies and other governmental charges payable in respect of the rendering of the Services, which shall be payable by Yourself in addition, whether directly to the appropriate taxing authority or by reimbursing Messagesquare. 

3.5 Amounts invoiced to Yourself by Messagesquare shall be payable on presentation of Invoice by way of debit order, direct deposit or electronic transfer into Messagesquare’s bank account. You may not withhold or defer payment of any amount owing to Messagesquare and payments which are not received when payable shall bear interest at the prime rate of interest charged by Messagesquare’s bankers at which the its bank account is held. 

3.6 Messagesquare reserves the right to limit, alter, suspend and/or terminate Your access to the Messagesquare Services for 

(i) non-payment of any amount and/or invoice that is due, owing and/or payable ;

(ii) if such Services are used unlawfully or in an abusive, infringing or harmful manner; 

(iiI) if the Services are not available via the relevant Network; 

(iv) if Your usage of the Services detrimentally impacts on the integrity or functioning of the Messagesquare Services, and/or; 

(v) if these terms are breached by Yourself. 

3.7 Should your account for usage of the Services be in arrears and Messagesquare, in its sole and absolute discretion, elects to recover same from You, You shall be liable for payment to Messagesquare of any and all interest on the outstanding amount and/or any and all costs incurred by Messagesquare associated with such recovery, including but not limited to, attorney and own client costs. 

3.8 You shall at all relevant times be responsible for any and all activity on your account. You will ensure that any UserID issued to You to enable access to the Services is kept confidential and is not made known to or used by unauthorised persons or any other third party. You shall be responsible for all Communications submitted using the UserIDs issued to You and may not permit the access and/or use of a Service by any third party save with the express authorisation of Messagesquare in writing. 

3.9 All Messagesquare’s rights are hereby expressly reserved to the full extent of the law.