By completing the installation and registration process of the application, on your mobile device, you agree and accept, in terms of Section 11 of the Electronic Communications and Transactions ("ECT") Act and the common law, the terms and conditions of use set out below. If you are a minor, you must be lawfully assisted herein.

If you do not wish to be bound by these terms and conditions, you should not complete the installation or registration of the application.

DEFINITIONS AND INTERPRETATION

In this agreement ("terms and conditions"):

a.
The following words or expressions have the following meanings:
i.
"Application" means the method and services available from and through BLAZINGCHILLI for communicating data, text, audio and video, with compatible mobile devices and for receiving advertisements, incentives and other material using the ZiNG Software developed and managed by BLAZINGCHILLI;
ii.
"BLAZINGCHILLI" means Blazingchilli Ltd, business registration number C10098121 of address 7A Ebene Mews, Ebene Cybercity, Mauritius;
iii.
"Software" means the software and other media, enabling the use of the Application;
iv.
"User" means any person who accepts installation of the Software or uses the Application.
b.
References to the singular includes the plural and vice versa;
i.
Links contained in these terms and conditions to other documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. Although links may, from time to time, be non-operational, this shall not affect the validity and interpretation of these terms and conditions.
ii.
Clause headings are for convenience and not to be used in interpreting these terms and conditions.

1. INTRODUCTION

The Blazingchilli Application is a medium for Users to communicate with each other and to receive advertisements on their mobile terminals, enabling Users to receive targeted, relevant information and to be rewarded for receiving the information by clicking through for points towards vouchers and/or other rewards from time to time.

2. USAGE

2.1
BLAZINGCHILLI licenses the User to install and use the Software and enable and use the Application provided that such use is for personal use and benefit only.
2.2
Content from the Application may not be used or exploited by Users for any commercial or non-personal purposes without the prior written consent of BLAZINGCHILLI.
2.3
The User is permitted to use the Application for lawful purposes only. Unauthorised use of the Application includes posting or transmission of data which violates or infringes in any way upon BLAZINGCHILLI's rights or third parties' rights, which is unlawful, defamatory or otherwise objectionable. Unauthorised use of the Application may lead to BLAZINGCHILLI instituting legal proceedings against the User.
2.4
All licenses and/or permissions granted by BLAZINGCHILLI are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by BLAZINGCHILLI at any time and without prior notice or reasons.
2.5
In order to provide the Software and Application free of charge, BLAZINGCHILLI secures revenue from other sources including advertisements. In this regard the User hereby specifically agrees to receive third party marketing information and advertisements, including but not limited to advertising pop-up and splash screens. The use of the Application is explicitly subject to this agreement and consent to receive such third party advertising material. The user may opt-out and discontinue usage by uninstalling the Software or by disabling the Application.
2.6
Although the Application is provided free of charge by BLAZINGCHILLI, the User recognises that there may be a data charged by the User's service provider in respect of the use of the application.
2.7
Points, rewards, vouchers and incentives will:
2.7.1
be subject to and in terms of the rules of participation of the Rewards Program (click here for rules);
2.7.2
be audited by the company's auditors in the interests of transparency and to protect the integrity of the business methodology

3. INTELLECTUAL PROPERTY RIGHTS

3.1
All intellectual property in respect of the Application are the property of or are licensed to BLAZINGCHILLI and as such, are protected from infringement by the intellectual property laws and by international legislation and treaties. Subject to the rights licensed to the User herein (see section 2 above), BLAZINGCHILLI and / or its partners and affiliates reserve all other rights to all intellectual property in respect of the Application.
3.2
No person may amend, copy, use, decompile and / or reverse engineer the source code of the Software.

4. ACCESSORIES

BLAZINGCHILLI provides the Software and facilitates the Application and related services. It is the User's responsibility to acquire and maintain at their cost the necessary accessories and third party services, including specifically but not limited to data bearer services, to use the Application.

5. DISCLOSURES

In compliance with Section 43 of the ECT Act BLAZINGCHILLI hereby discloses the information and details listed below.

Full name and legal status of website owner: BLAZINGCHILLI Ltd.;
Physical address: 7A Ebene Mews, Ebene Cybercity, Mauritius;
Postal address: 7A Ebene Mews, Ebene Cybercity, Mauritius;
Telephone number: +27 466 9700;
Website address:www.blazingchilli.com;
E-mail address: info@blazingchilli.com;
Membership of self regulatory bodies: Mobile Marketing Association (MMA);
Code of conduct: (WASPA Code of Conduct of South Africa);
Registration number: C10098121;
Office bearers: RJ Perthel;
Place of registration: Mauritius (MU)
Physical address for receipt of legal service: 7A Ebene Mews, Ebene Cybercity, Mauritius;
Goods and services: Mobile communication, advertising and receipt of vouchers;
Price of goods and services: Software, Application installation is free;
Manner of payment: No payment charged to User by BLAZINGCHILLI;
Terms of agreement: As detailed herein;
Time of dispatch of goods / delivery of services: Immediate delivery to a User's mobile phone;
Manner consumers may access a record of transactions: Link to account via Application on User device;
Alternative dispute resolution: The User agrees that in the event of a dispute or alleged breach by BLAZINGCHILLI, the User will, in good faith work together with senior management of BLAZINGCHILLI to attempt to resolve the matter before resorting to litigation in the civil courts;
Security procedures: The User is authenticated and registered on the BLAZINGCHILLI database when installing the Application, by means of a sms pin code upon providing his or her cell phone number; See further section 9 below;
Privacy policy: See section 7 below;
Duration of agreement: Until terminated by either BLAZINGCHILLI or the User.

6. AMENDMENTS AND CHANGES TO PROFILE

6.1
BLAZINGCHILLI may amend these terms and conditions of usage at any time by communicating same to the User's device. All amended terms shall automatically become effective immediately after they are notified to the User and any subsequent use of the Application or any other services shall be governed by such amended terms.
6.2
BLAZINGCHILLI reserves the right at any time to change or discontinue any aspect or feature of the Application, including but not limited to, content, hours of availability and equipment needed to use the Application. Notwithstanding the effort placed on maintaining the availability and use of the Application, BLAZINGCHILLI takes no responsibility for, and will not be liable for the Application or related services being temporarily unavailable or inaccessible.

7. PRIVACY POLICY

7.1
BLAZINGCHILLI undertakes to take all reasonable steps to protect the personal information of Users in accordance with the laws pertaining to the handling of personal information.
7.2
BLAZINGCHILLI may electronically collect, store and use the personal information of Users as set out below. This information is used to make Users' use of the Application and related services more efficient, as analysis thereof will improve the services provided by BLAZINGCHILLI:
Personal Information:
7.2.1
name and surname;
7.2.2
area code;
7.2.3
street address;
7.2.4
postal address;
7.2.5
title;
7.2.6
contact numbers;
7.2.7
non-personal browsing habits and click patterns;
7.2.8
e-mail address; and / or
7.2.9
IP address.
7.2.10
Mobile device brand and model number
Demographic information:
7.2.11
Geographic Region
7.2.12
Income Bracket
7.2.13
Country
7.2.14
Home Language
7.2.15
Gender
7.2.16
Date of Birth / Age
7.2.17
Number of children
7.3
Without limiting the generality of 7.2 above, BLAZINGCHILLI collects, stores and uses the abovementioned information for the following purposes:
7.3.1
to communicate requested information to the User;
7.3.2
to enable the Application and related services;
7.3.3
to activate the Software;
7.3.4
to provide profiled services to the User as requested by the User;
7.3.5
to authenticate the User;
7.3.6
to provide the User with vouchers; and
7.3.7
to compile non-personal statistical information.
7.4
The information is collected either electronically by using cookies or is provided voluntarily by the User.
7.5
BLAZINGCHILLI may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1
BLAZINGCHILLI shall not disclose personal information from Users unless the User consents thereto;
7.5.2
BLAZINGCHILLI shall disclose personal information without the User's consent only through due legal process; and
7.5.3
BLAZINGCHILLI may compile, use and share any information that does not relate to any specific individual.
7.6
BLAZINGCHILLI owns and retains all rights to non-personal statistical information collected and compiled by BLAZINGCHILLI.
7.7
The user hereby specifically agrees that BLAZINGCHILLI may freely disclose statistics based on the Demographic information specified above, provided that said statistics are not linked to the user's Personal information as recorded above in any way.

8. DATA CONSUMPTION

8.1
ZiNG uses the data channel (GPRS) of your mobile device to communicate. Although usage is low, you must be aware that data will be consumed from your airtime. It is highly recommended that a data bundle is purchased with your Network Mobile Operator in order to save on data costs. Data is consumed by performing the following actions (but not limited to): authentication, application start-up, text messaging, sending/receiving pictures, sending/receiving locations, accessing Zones, group communication (text, picture, location), updating of profile information, viewing profile information, accessing external content via your mobile device's Internet Browser, viewing advertisements, and contact synchronisation.
8.2
For BlackBerry users: ZiNG requires the BIS (BlackBerry Internet Service) Browser in order to function correctly. Depending on your BIS plan, ZiNG may incur additional network data as detailed in the previous paragraph.
8.3
Please also be aware that if you are roaming, you may be subject to higher data pricing and you should check with your Network Mobile Operator/carrier for detailed data pricing.

9. PROTECTION

9.1
BLAZINGCHILLI will take measures, within reason, to ensure that the use of the Application is protected from unauthorised access and that the information provided by and collected from Users is not revealed to unauthorised recipients. BLAZINGCHILLI does not, however, warrant that these measures will result in information being absolutely secure.
9.2
Users may not deliver or attempt to deliver, whether intentionally or negligently, any damaging code or information via the Application.
9.3
Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging information or code via the Application, whether on purpose or negligently will be liable for any damages, risks and losses that BLAZINGCHILLI and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
9.4
Users may not develop, distribute, or use any device or programme designed to breach or overcome the security measures of the Application. BLAZINGCHILLI may claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.

10. NO WARRANTY

10.1
The information and content of the Application are provided by BLAZINGCHILLI or its partners and associates, suppliers or agents without any warranty of any kind, express 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.
10.2
Information, ideas and opinions expressed via the Application should not be regarded as professional advice or the official opinion of BLAZINGCHILLI and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed via the Application.
10.3
BLAZINGCHILLI does not make any warranties or representation that content and services available via the Application shall in all cases be true, correct or free from any errors. BLAZINGCHILLI shall take all reasonable steps to ensure the quality and accuracy of content posted, by it, to the User. The User agrees any offensive false or misleading content of promotional and other material communicated via the Application is the responsibility of the advertiser of the relevant goods or services and the User shall not hold BLAZINGCHILLI liable.

11. ELIMINATION OF ERRORS

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content communicated via the Application, to BLAZINGCHILLI and BLAZINGCHILLI undertakes, insofar as it is able, to correct and/or remove content found to fall within the aforementioned categories.

12. ENTIRE AGREEMENT AND SEVERABILITY

12.1
These terms and conditions constitute the entire agreement between BLAZINGCHILLI and the User and shall take precedent over any communications and/or postings received by BLAZINGCHILLI from the User.
12.2
Any failure by BLAZINGCHILLI to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
12.3
In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

13. APPLICABLE AND GOVERNING LAW

Notwithstanding the User's country of residence and Application use therein, the Application is subject to clause 5 of the South African law enforced by the South African courts and governs the use or inability to use the Application, its content, services, products and these terms and conditions.

© Copyright 2012 Blazingchilli (Limited). All rights reserved.