MoyaApp End-User Terms and Conditions
[Last Modified: 18 April 2023]
Terms of Service
Moya App Proprietary Limited, a limited liability company incorporated in the Republic of South Africa with registration number 2021/515484/07 (“Moya“, “we” and “us“), is the owner and administrator of the MoyaApp application (“MoyaApp“).
By downloading and using the MoyaApp (“Moya Apps“), you agree to these terms and conditions of use (“Terms and Conditions“) and our Privacy Notice available at https://moya.app/privacy/, which govern your access to, and use of, the Moya Apps and all services we provide to you via the Moya Apps (“Services“). These Terms and Conditions create a legally binding agreement between you and Moya in respect of the MoyaApp, so please read them carefully.
We may amend or update these Terms and Conditions from time to time. We will provide you notice of amendments to our Terms and Conditions and update the “Last Modified” date at the top of our Terms and Conditions. Your continued use of either of the Moya Apps and our Services confirms your acceptance of our Terms and Conditions, as amended.
If you do not understand any of the Terms and Conditions, or if you do not agree with any of the Terms and Conditions, please cease your use of the Moya Apps immediately and contact us at info@moya.app .
Our Services
MoyaApp is a multi-functional mobile application providing instant messaging, a wide range of content and payment services that uses reverse-billing technology to deliver its services #datafree to its users on supported mobile networks. Free to download and use, we are continually creating new ways for you and business communities to communicate with each other.
Account details: MoyaApp
These terms, conditions and restrictions will be applicable to your use of MoyaApp.
Keeping Your Account Secure. You are responsible for keeping your device and your MoyaApp account safe and secure. You may not allow any other person to use your account and you must notify us promptly of any unauthorised use or security breach of your MoyaApp account or our Services.
Age. You must be at least 18 years old to use the MoyaApp and Services. If you are not old enough to have the authority to agree to the Terms and Conditions, your parent or guardian must agree to our Terms and Conditions on your behalf.
Registration. When you download MoyaApp and register for our Services, you must provide us with your current mobile phone number. You agree to receive messages and phone calls (from us or our third-party providers) with codes to register for our Services.
Address Book. You grant us the right to access the phone numbers of the MoyaApp users, stored on your device, and your other contacts in your mobile phone address book on a regular basis. This enables you to contact your contacts using MoyaApp. We do not make use of this information for any other purpose other than to allow you to use MoyaApp and Services You confirm you are authorised to provide Moya with such numbers to allow us to provide our Services.
Software. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically generated updates.
Fees. There are no fees or taxes associated with using the MoyaApp, but you are responsible for all carrier data plan and other fees and taxes associated with your use of your device and our Services.
Limitation of Liability. Moya and its third party service providers will not be liable for any costs, claims, damages and/or losses as a result of using or inserting an incorrect DPR number and we are not obliged to reverse or amend any deposit, transfer and/or withdrawal. If you have entered the incorrect details in respect of a deposit, transfer and/or moving of Funds, you must notify us as soon as reasonably possible and not longer than 12 hours after the occurrence of the event. We shall take commercially reasonable steps to remedy your mistake, but you understand that this process may take up to 30 days.
Availability of our Services
The Moya Apps and our Services may be unavailable or interrupted, from time to time, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features of the Moya Apps and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events. We will not be liable for any damages that you may suffer as a result of the Moya Apps and our Services being unavailable or interrupted.
Termination of your access and your account
We may modify, suspend, or terminate your access to or use of the Moya Apps and/or our Services anytime for any reason, such as if you violate the letter or spirit of the Terms and Conditions or create harm, risk, or possible legal exposure for us, our users, or others.
If we terminate, suspend or disable your account for a violation of our Terms and Conditions, you will not create another account without our permission.
Acceptable Use Policy
You must access and use the Moya Apps and/or our Services only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) the Moya Apps and/or our Services in ways that: (a) violate, misappropriate, or infringe the rights of the Moya Apps, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialling, and the like; or (f) involve any non-personal use of our Services unless otherwise authorised by us or (g) allow, facilitate or support criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking or (h) pay into or otherwise to support pyramid schemes, Ponzi schemes, matrix programs, “get rich quick” schemes, multi-level marketing programs or high-yield investment programs (i) involve any fraudulent conduct or activity, including but not limited to taking any actions that defraud us or any of our clients, or the provision of any false, inaccurate, or misleading information to us (j) implement the sale or purchase of any prohibited narcotics or controlled substances; (k) allow or incite any form of abusive activity, including but not limited to, imposing an unreasonable or disproportionately large load on our infrastructure, or otherwise taking any action that may negatively affect the performance of the Moya Apps and/or our reputation.
You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorised manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorised access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorised or automated means; (f) collect the information of or about our users in any impermissible or unauthorised manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
You remain responsible, and shall be liable, for all activity that occurs in or through your Moya Apps accounts.
Security
In order to ensure the security and reliable operation of the Moya Apps and/or the Services for all of its clients, we may take whatever action we deem necessary to preserve the security, integrity and reliability of the Moya Apps and/or the Services, our network and back-office applications.
You shall not use the Moya Apps and/or the Services in any manner which may compromise the security of our networks or tamper with the Moya Apps and/or Services in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Moya Apps and/or Services, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Moya Apps and/or Services, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should we suffer any damage or loss as a result of such actions, such damage or loss shall give rise to damages claim against you.
Should you commit any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (“ECTA“), but specifically sections 85 to 88 of the ECTA, you shall, notwithstanding criminal prosecution, be liable for all direct and indirect liability, loss or damages suffered and/or incurred by us, and our affiliates, agents and/or partners.
Third Party Services
The Moya Apps and/or our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services (“Third Party Services“). For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your Moya Apps contacts. Please note that when you access and/or use Third Party Services, their own terms and privacy policies will govern your use of those Third Party Services.
We simply provide access to these Third Party Services for convenience purposes only and we do not endorse such Third Party Services and we will not be responsible or liable for any of the services offered to you by such third parties. We make no representations or warranties regarding the Third Party Services and you shall use such links, and the Third Party Services, at your sole risk.
Intellectual Property Rights and Licenses
We shall have and shall retain all rights, title and interest (including any and all intellectual property rights, including all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights) in and to the Moya Apps and/or the Services and nothing in these Terms and Conditions shall operate to transfer any intellectual property rights to you.
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the Moya Apps and/or our Services, subject to and in accordance with these Terms and Conditions. This license is for the sole purpose of enabling you to access and use the Moya Apps and/or our Services, in the manner permitted by these Terms and Conditions.
In order to operate and provide our Services, you grant to us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through the Moya Apps and/or our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Notice.
Disclaimers
You use the Moya Apps and/or our Services at your own risk and subject to the following disclaimers. We are providing the Moya Apps and our Services on an “as is” and voetstoots basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that the Moya Apps and/or our Services will be operational, error-free, secure, or safe, or that the Moya Apps and/or our Services will function without disruptions, delays, or imperfections. we do not control and are not responsible for, controlling how or when our users use the Moya Apps and/or our Services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You accordingly release us, our subsidiaries, holding companies, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Moya Parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “Claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.
Limitation of liability
The Moya Parties will not be liable to you for any damages, including lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with the Moya Apps and/or our Services, even if the Moya Party have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with a Claim, our Terms and Conditions and/or our Services shall be limited to the aggregate fees you have paid to us for the use of the Moya Apps and/or the Services in the 12 months preceding the loss-causing event. The limitation of our liability will apply to the maximum extent permitted by applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless the Moya Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of the Moya Apps and/or our Services, including information provided in connection therewith; (b) your breach or alleged breach of these Terms and Conditions; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Claim.
Notice in terms of the Electronic Communications and Transactions Act, 2002 (“ECTA”)
In terms of section 43(1) of the ECTA, Moya, as a supplier of services by way of an electronic transaction, must make the following information available to consumers:
| ECTA Requirement | Moya |
| Full name and legal status | Moya App (Pty) Ltd, a private limited liability company incorporated in the Republic of South Africa. |
| Physical address for service of legal process | 2nd Floor, 50 Harrington Street, Zonnebloem, Cape Town 7925 |
| Web site address | https://moya.app/ |
| E-mail address | info@moya.app |
| Office Bearers |
Directors: Gour Lentell |
Governing Law
The laws of the Republic of South Africa govern these Terms and Conditions, your access to and use of the Moya Apps and our Services to you, as well as any disputes between us in relation thereto, to the exclusion of any conflict of laws principles.
General Legal Provisions
Entire Agreement. These Terms and Conditions constitute the entire agreement between us regarding the Moya Apps and our Services.
For use in South Africa. The Moya Apps and our Services may only be used in South Africa. You will comply with all applicable South African export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on South Africa or non-South Africa government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorisations. You will not use or download our Services if you are located in a restricted country, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
Waiver of rights. No waiver of any right under these Terms and Conditions, shall be effective unless reduced to writing and signed by a duly authorised representative of each of us. No indulgence granted by Moya shall constitute a waiver of any of its rights under these Terms and Conditions and accordingly, Moya shall not be precluded, as a consequence of having granted that indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.
No Transfer of Rights. You may not transfer any of your rights or obligations under these Terms and Conditions to any third party. Moya shall be entitled to transfer its rights and/or obligations to a third party on written notice to you.
Costs. All costs, charges and expenses of any nature whatever which may be incurred by Moya in enforcing its rights in terms of these Terms and Conditions, including legal costs on the scale of attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable on demand from you.
Severability. Each of the provisions of these Terms and Conditions shall be considered as separate terms and conditions and in the event that these Terms and Conditions are affected by any legislation or any amendment thereto, or if the provisions herein contained are by virtue of that legislation or otherwise, held to be illegal, invalid, prohibited or unenforceable, then any such provisions shall be ineffective only to the extent of the illegality, invalidity, prohibition or unenforceability and each of the remaining provisions hereof shall remain in full force and effect as if the illegal, invalid, prohibited or unenforceable provision was not a part hereof.
Feedback. We always appreciate your feedback or other suggestions about MoyaApp and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).