TERMS AND CONDITIONS

1. Description of Service –
1.1. Spoken Ink CC (“Spoken Ink”) operates Moombah, a mobile telecommunications platform providing information-based services including, but not limited to downloadable cellular entertainment and educational content, such as ringtones, games, graphics, instructional text messages and other cellular data, and any other features, content, or applications offered from time to time by Moombah in connection with Moombah’s business to certain compatible cellular devices (collectively, the "services of Moombah") to the “user” being any person utilizing the services of Moombah. The services of Moombah are hosted in the Republic of South Africa.
1.2. This Terms of Use Agreement, as may be amended from time to time without prior notice to the user ("this agreement"), constitute legally binding terms and applies to any user’s utilization of the services of Moombah. By accessing and/or using the services of Moombah, the user agrees to be bound by this agreement. The user is hereby authorized to use the services of Moombah only if that user agrees to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this agreement.

2. Amendments to This Agreement –
Spoken Ink reserves the right to amend this agreement at any time and from time to time without prior notice to the user, which amendment shall become effective upon its publication on Moombah’s website at the URL www.moombah.mobi [NOTE: PLEASE CONFIRM]. All material amendments will apply prospectively only. The user’s use of the services of Moombah constitutes the user’s agreement to be bound by this agreement and the user’s acceptance of this agreement as so modified. It is the sole responsibility to the user to review this agreement regularly. If the user does not agree to be bound by this agreement and to abide by all Applicable Law, the user must discontinue use of the Moombah services immediately.

3. Duration and Termination of This Agreement –
This agreement, and any posted revision to this agreement, shall commence upon the user visiting www.moombah.mobiand shall remain in full force and effect until the date of termination of the usage of the services of Moombah by the user. The user may terminate his/her/its usage of the services of Moombah at any time, for any reason. Spoken Ink may terminate any user’s membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Spoken Ink reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate any user’s access to all or any part of the Moombah services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Spoken Ink, in its sole discretion, expressly reserves the right to reject, restrict, suspend, or terminate any user’s access to all or any part of the services of Moombah at any time, if Spoken Ink determines, in its sole discretion, that any user has violated this agreement or poses a threat to Spoken Ink, its employees, business partners, users and/or the public.

4. Access to the Services of Moombah
4.1. The user hereby confirms that he/she/it has the permission of the person, whether natural or juristic, responsible for the payment of the charges in respect of that user’s cell phone or other mobile device, to utilize the services of Moombah.
4.2. If the user is under the age of 21 (twenty one), then that user’s parent or guardian is required to read and accept this agreement.
4.3. The user confirms, through the user’s utilization of the services of Moombah, that the user has read this agreement and fully understand all terms and conditions contained herein.
4.4. In order to utilize the services of Moombah, the user must also have a cellular communications subscription with a participating carrier or otherwise have access to a cellular communications network for which Spoken Ink makes the services of Moombah available, and pay any service fees associated with any such access. In addition, the user must provide all equipment & software necessary to connect to the services of Moombah, including, but not limited to, a cellular handset or other cellular handset/device that is in working order & suitable for use in connection with the service of Moombah. The user is solely responsible for ensuring that the user’s equipment and/or software do not disturb or interfere with Moombah´s operations. Any equipment or software causing interference shall be immediately disconnected from the services of Moombah and Spoken Ink shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in the user’s equipment or software, the user must effect these changes at the user’s own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current services of Moombah, including the release of new products and services, shall be subject to the provisions of this Agreement.
4.5. When using the services of Moombah and, in particular, the user enters into a legally binding and enforceable agreement with Spoken Ink.

5. Interruptions or Discontinuation of Service –
Spoken Ink may suspend the services of Moombah for repair, maintenance, and/or upgrade work. In such an event, Spoken Ink shall endeavor to keep the said interruption as short as possible and to keep inconvenience to a minimum. Spoken Ink reserves the right to modify or discontinue, temporarily or permanently, the services of Moombah. If certain of the services of Moombah are to be permanently discontinued by Spoken Ink, Moombah will notify the users of those services of that fact. ??

6. Fees –
The user hereby acknowledges that Spoken Ink reserves the right to charge for any portion of the services of Moombah and to change its fees from time to time in its discretion. The user shall, without exception, not be entitled to any refund whatever in respect of the services of Moombah provided.

7. Intellectual Property Considerations –
All information and/or material provided by Moombah is subject to copyrights owned by Spoken Ink and other individuals or entities. Any reproduction, retransmission, republication, or other use of all or part of any information or material provided by Moombah is expressly prohibited, unless prior written permission has been granted by Spoken Ink or the appropriate copyright owner. The names, logos, trademarks, and service marks of Moombah that appear on any information and/or material provided by Moombah may not be used in any advertising, publicity, promotion, or in any other manner implying Spoken Ink or Moombah’s endorsement, sponsorship of, or affiliation with any product or service, without Spoken Ink's prior express written consent.

8. Privacy –
While all reasonable measures shall be taken by Moombah to ensure that the user’s privacy is maintained, Moombah reserves the right to pass on any user’s personal information to that user’s cellular phone service provider to secure collection of fees. Further, Moombah reserves the right to pass on any user’s personal information to governmental agencies, be they national or international, including, but not limited to, the police and the courts for the purposes of, inter alia, legal proceedings or the prevention of crimes.

9. Disclaimers –
Notwithstanding the fact that the utmost care has been taken to verify ensure the accuracy and reliability of the information and/or material provided by Moombah, the user agrees to hold Spoken Ink, its subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney´s fees, suffered by the user and/or any third party as a result of that user and/or third party’s utilization of the said information and/or material, including where there has been negligence on the part of Spoken Ink or Moombah.

10. Force Majeure –
Spoken Ink will be excused any failure to perform or delay in performance of any or all of our obligations hereunder as a result of an event of force majeure, including without limitation acts of God including, but not limited to, flood, fire, earthquake or other similar events, as well as riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or the mobile cellular or fixed telecommunications networks or connection thereto, governmental restraints and acts of legislature or any other cause outside Spoken Ink’s reasonable control.

11. Disputes –
This agreement shall be governed by, and construed in accordance with, the laws of the Republic of South Africa. The user hereby concedes to the jurisdiction of the Magistrate’s Court of Johannesburg, in the event of any dispute arising between the user and Spoken Ink.

12. Notices & Announcements –
Except as expressly provided otherwise in writing by Spoken Ink, all notices to Spoken Ink shall be in writing and delivered via registered post to:
Isle of Houghton, Old Trafford 4, 3rd Floor, Cnr Boundary & Carse O’Gowrie RD, Houghton. Spoken Ink shall serve notices related to this contract by posting them on Moombah’s website or as a text message to the user’s cellular telephone number. Notices posted on Moombah’s website or sent by text message to the user shall be deemed to be received on the weekday following the day when they were posted or sent.

13. Severability –
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

14. Waiver –
Any failure by Spoken Ink to pursue any available claim or defense pursuant to this agreement or otherwise will not be a waiver of such claim or defense.

15. Headings –
The section headings appearing in this agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section. ?

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.