SECTION A: TERMS OF SERVICE
Modified: May 18th, 2020
Thank you for
using Greydot Mobile!
These terms of service
(the "Terms") govern your access to and use of Greydot Mobile
("we" or "our") websites, software, methods and services
(the "Services"), so please carefully read them before using the
By using the Services
you agree to be bound by these Terms.
you are using the Services on behalf of an organization, you are agreeing to
these Terms for that organization and promising that you have the authority to
bind that organization to these terms. In that case, "you" and
"your" will refer to that organization.
You may use the
Services only in compliance with these Terms.
may use the Services only if you have the power to form a contract with Greydot
Mobile and are not barred under any applicable laws from doing so.
The Services may
continue to change over time as we refine and add more features. We may stop,
suspend, or modify the Services at any time without prior notice to you. We may
also remove any content from our Services at our discretion.
& Your Privacy
By using our Services
you provide us with information such as your contact number and optional email
address information (together, "your stuff").
You retain full
ownership to your stuff. We don't claim any ownership to any of it. These Terms
do not grant us any rights to your stuff or intellectual property except for
the limited rights that are needed to run the Services, as explained below.
accounting purposes and sometimes by law, to keep track of transaction records.
By using our Service you agree that the transaction records is our shared stuff
with the understanding that we will not intentionally share this information
with anyone unless we're directed by you or by a court order to do so.
By using our Service
you give us your permission to do things with your stuff, for example, sending
you product updates, system notifications and nagging you to subscribe.
includes product features visible to you, for example, text messages. It also
includes design choices we make to technically administer our Services, for
example, how we redundantly backup data to keep it safe.
give us the permissions we need to do those things solely to provide the
permission also extends to trusted third parties we work with to provide the
Services, for example our internet service provider (again, only to provide the
matter how the Services change, we won't intentionally share your information
with others, unless it's required for the Services to function or unless you
direct us to do so.
are solely responsible for your conduct and your communications with others
while using the Services. For example, it's your responsibility to ensure that
you have the rights or permission needed to comply with these Terms.
acknowledge that Greydot Mobile has no obligation to monitor any information on
the Services. We are not responsible for the accuracy, completeness,
appropriateness, or legality, or any other information you may be able to
access using the Services.
AND INVESTING IN ALTERNATIVE DIGITAL TOKENS INVOLVES HIGH RISKS!
Before deciding to
purchase or trade in alternative digital tokens you should carefully consider
your objectives, level of experience, and risk appetite.
The possibility exists
that you could sustain a loss of some or all of your money and therefore you
should not use money that you cannot afford to lose! There is considerable
exposure to risk in any digital transaction, including, but not limited to,
limited regulatory protection and market volatility that may substantially
affect the outcome of the transaction.
should be aware of all the risks associated with using, trading, holding digital
tokens and seek advice from an independent financial advisor if you have any
agree that Greydot Mobile is merely the facilitator of the transaction between
you and a third party; as such we do not accept any responsibility for the
accuracy, content, value and delivery of the goods purchased or sold through
the Greydot Mobile transaction system - that is a contract between you and the
third part to which we are not privy.
therefore, after considering this warning, agree that:
ALL TRANSACTIONS ARE
FINAL AND IRREVERSIBLE.
accept that the Greydot Mobile transaction system may charge a fee based on the
value of the transaction, which is disclosed before the transaction takes
agree that we may deduct the fee once the transaction completes successfully
and that this fee is also FINAL AND IRREVERSIBLE.
acknowledge that Greydot Mobile does not hold deposit-taking licenses (a banking
license) and cannot hold funds on your behalf. You agree that any unused
tokens, accept those held in crypto token format, shall be automatically
settled to Airtime within 7 (seven) calendar days, unless you request a
withdrawal via the banking system. No tokens may be settled in cash notes.
We plead with your to
use our Service in a responsible manner and according with Acceptable Use
will not or will not attempt to, misuse the Services, and will use the Services
only in a manner consistent with the Acceptable Use Policy.
You, and not Greydot
Mobile, are responsible for maintaining and protecting all of your stuff.
Greydot Mobile will not be liable for any loss or theft of your stuff or for
any costs or expenses associated with the use of your stuff.
If your contact
information or other information related to your account, changes, you must
notify us promptly and keep your information current.
The Services are not
intended for use by you if you are under 13 years of age. By agreeing to these
Terms, you are representing to us that you are over 13.
You are responsible
for safeguarding the password, PIN and validation code that you use to access
and transact on the Services and you agree not to disclose this to anyone
including representatives of Greydot Mobile.
are responsible for any activity using your account, whether or not you
authorized that activity. You should immediately notify Greydot Mobile of any
unauthorized use of your account.
Our Service requires
you to download a software application freely distributed under the GNU General
Public License, to your mobile device such as tablet or telephone
hereby reserve all rights not expressly granted under the provisions of the GNU
General Public License, in these Terms. Our Services may update the Software on
your device automatically when a new version is available.
Greydot Mobile Property and Feedback
These terms do not
grant you any right, title, or interest in the Services, or the content in the
Services. While we appreciate it when users send us feedback, please be aware
that we may use any feedback, comments, or suggestions you send us or post in
our forums without any obligation to you.
of the technologies we use to provide the Services are protected by trademark,
and other laws of both Botswana, South Africa and foreign countries. These
Terms do not grant you any rights to use the Greydot Mobile trademarks, logos,
domain names, or other brand features.
Patents & Trademarks
We will respond to
notices of alleged copyright, patent or trademark infringement if they comply
with Botswana Law and are properly provided to us.
Our designated agent
for notice of alleged infringement on the Services is:
Greydot Card Services
mail our copyright department
The Services may
contain links to third-party websites or resources. Greydot Mobile does not
endorse and is not responsible or liable for their availability, accuracy, the
related content, products, or services.
are solely responsible for your use of any such websites or resources. Also, if
we provide you with any software under an open source license, there may be
provisions in those licenses that expressly conflict with these Terms, in which
case the open source provisions will apply.
Though we'd much
rather you stay, you can stop using our Services any time.
reserve the right to suspend or end the Services at any time, with or without
cause, and with or without notice. For example, we may suspend or terminate
your use if you are not complying with these Terms, or use the Services in any
way that would cause us legal liability or disrupt others' use of the Services.
If we suspend or terminate your use, we will try to let you know in advance,
though there may be some cases (for example, repeatedly or flagrantly violating
these Terms, a court order, or danger to other users) where we may suspend
LET'S TRY TO RESOLVE
THE ISSUE FIRST. We want to address your concerns without needing a formal
legal case. Before filing a claim against Greydot Mobile, you agree to try to
resolve the dispute informally by contacting disputes department. We'll try to resolve the dispute informally
by contacting you via email. If a dispute is not resolved within 15 days of
submission, you or Greydot Mobile may bring a formal proceeding.
BOTH AGREE TO ARBITRATE. You and Greydot Mobile agree to resolve any claims
relating to these Terms or the Services through final and binding arbitration,
except as set forth under Exceptions to Agreement to Arbitrate below.
of Agreement to Arbitrate: You can decline this agreement to arbitrate by
contacting us within 30 days of first accepting these Terms.
Procedures: The Association of Arbitrators (Southern Africa) will administer
the arbitration. The arbitration will be held in South Africa, or any other
location we agree to.
Arbitration Fees and
Incentives. The Association of Arbitrators (Southern Africa) rules will govern
payment of all arbitration fees. Greydot Mobile will not seek its attorneys'
fees and costs in arbitration unless the arbitrator determines that your claim
to Agreement to Arbitrate: Either you or Greydot Mobile may assert claims.
party may bring a lawsuit solely for injunctive relief to stop unauthorized use
or abuse of the Services, without first engaging in arbitration or the informal
dispute-resolution process described above.
Class Actions: You may only resolve disputes with us on an individual basis,
and may not bring a claim as a plaintiff or a class member in a class,
consolidated, or representative action. Class arbitrations, class actions,
private attorney general actions, and consolidation with other arbitrations
forum for disputes: In the event that the agreement to arbitrate is found not
to apply to you or your claim, you and Greydot Mobile agree that any judicial
proceeding will be brought in the courts of the Republic of Botswana. Both you
and Greydot Mobile consent to venue and personal jurisdiction there.
These Terms will be
governed by the laws of the Republic of Botswana.
These Terms constitute
the entire agreement between you and Greydot Mobile with respect to the subject
matter of these Terms, and supersede and replace any other prior or
contemporaneous agreements, or terms and conditions applicable to the subject
matter of these Terms.
Terms create no third party beneficiary rights.
Severability & Assignment
Greydot Mobile's failure
to enforce a provision is not a waiver of its right to do so later. If a
provision is found unenforceable, the remaining provisions of the Terms will
remain in full effect and an enforceable term will be substituted reflecting
our intent as closely as possible.
may not assign any of your rights under these Terms, and any such attempt will
be void. Greydot Mobile may assign its rights to any of its affiliates or
subsidiaries, or to any successor in interest of any business associated with
We may revise these
Terms from time to time, and will always post the most current version on our
website with a date making the change. If a revision meaningfully reduces your
rights, we will notify you (by, for example, sending a message to the email
address associated with your account, posting on our blog or on this page). By
continuing to use or access the Services after the revisions come into effect,
you agree to be bound by the revised Terms.
is Available "AS-IS"
Though we want to
provide a great service, there are certain things about the service we can't
promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS",
AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND.
WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. (We are not shouting- it's just that these
disclaimers are really important, so we want to highlight them).
Mobile will have no responsibility for any harm to your computer or system or
mobile device, loss or corruption of data, or other harm that results from your
access to or use of the Services or Software.
TO THE FULLEST EXTENT
PERMITTED BY LAW, IN NO EVENT WILL GREYDOT MOBILE, ITS AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF
USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR
NOT Greydot Mobile HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN
IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL
CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF P5 (FIVE BOTSWANA
THESE TERMS AND THE
USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY BOTSWANA LAW EXCEPT FOR
ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO
THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE
REPUBLIC OF BOTSWANA AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL
JURISDICTION THERE. These Terms constitute the entire and exclusive agreement
between you and Greydot Mobile with respect to the Services, and supersede and
replace any other agreements, terms and conditions applicable to the Services.
These Terms create no third party beneficiary rights. Greydot Mobile's failure
to enforce a provision is not a waiver of its right to do so later. If a
provision is found unenforceable the remaining provisions of the Agreement will
remain in full effect and an enforceable term will be substituted reflecting
our intent as closely as possible. You may not assign any of your rights in
these Terms, and any such attempt is void, but Greydot Mobile may assign its
rights to any of its affiliates or subsidiaries, or to any successor in
interest of any business associated with the Services. Greydot Mobile and you
are not legal partners or agents; instead, our relationship is that of
Modified: May 18th, 2020
disclosing your information. Users can access the Greydot Mobile service (the
"Service") through our website
Data Request Principles
We understand that
when you entrust us with your digital life, you expect us to keep your stuff
policy is that the less we know and by implication the less you give us of your
digital life the less there is to provide to governments. Like most online
services, we receive requests from governments seeking information about our
users and under applicable law we might be forced to collect, store and share
this information with law enforcement, without your knowledge or consent.
principles describe how we deal with the requests we receive.
transparent: Online services should be allowed to report the exact number of
government data requests received, the number of accounts affected by those
requests, and the laws used to justify the requests.
blanket requests: Government data requests should be limited to specific people
and investigations. We'll resist requests directed to large groups of people or
that seek information unrelated to a specific investigation.
all users: Laws authorising governments to request user data from online
services shouldn't treat people differently based on their citizenship or where
trusted services: Governments should never install backdoors into online services
or compromise infrastructure to obtain user data.
We never simply hand over your information, we ask, we verify, we resist in a
court of law, if need be, and if we are able to do so.
Information We Collect and Store
We may collect and store
the following information when running the Greydot Mobile Service:
Provide: When you register an account, we collect some personal information,
such as your name, phone number, other billing information and email address.
You may also ask us to import your contacts by giving us access to your third
party services (for example, your email account) or to use your social
networking information if you give us access to your account on social network
When you invite others
to join Greydot Mobile by using our referral page, we send them a one-time text
message for that referral. You may also provide us with your contacts'
telephone numbers and email addresses when inviting them. We may also receive
Personal Information (for example, your email address or telephone number)
through other users, for example if they have tried to refer Greydot Mobile to
Data: When you use the Service, we automatically record information associated
with your transactions. We further record information from your Device, its
software, and your activity using the Services. This may include the Device's
Internet Protocol ("IP") address, browser type, locale preferences,
identification numbers associated with your Devices, your mobile carrier, date
and time stamps associated with transactions, system configuration information
and other interactions with the Service.
How We Use
In the course of using
the Service, we may collect personal information that can be used to contact or
identify you ("Personal Information"). Personal Information is or may
be used: (i) to provide and improve our Service, (ii) to administer your use of
the Service, (iii) to better understand your needs and interests, (iv) to
personalize and improve your experience, and (v) to provide or offer software
updates and product announcements. If you no longer wish to receive
communications from us, please follow the "unsubscribe" instructions
provided in any of those communications, or update your account settings
Information: Some Devices allow applications to access real-time location-based
information (for example, GPS). Our mobile apps do not collect such information
from your mobile device at any time while you download or use our mobile apps.
Some of the information we collect from a Device, for example IP address, can
sometimes be used to approximate a Device's location.
We also collect some information (ourselves or using third party services),
which can sometimes be correlated with Personal Information. We use this
information for the above purposes and to monitor and analyse use of the
Service, for the Service's technical administration, to increase our Service's
functionality and user-friendliness, and to verify users have the authorization
needed for the Service to process their requests.
Sharing and Disclosure
We will display your
Personal Information in your account page and elsewhere on the Service
according to the preferences you set in your account. Any information you
choose to provide should reflect how much you want others to know about you.
Please consider carefully what information you disclose in your account page
and your desired level of anonymity. You can review and revise your profile
information at any time. We do not sell your personal information to third
parties. We may also share or disclose your information with your consent, for
example if you use a third party application to access your account (see
below). Through certain features of the Service, you may also have the ability
to make some of your information public. Public information may be broadly and
quickly disseminated. Service Providers, Business Partners and Others: We may
use certain trusted third party companies and individuals to help us provide,
analyse, and improve the Service (including but not limited to data storage,
maintenance services, database management, web analytics, payment processing,
and improvement of the Service's features). These third parties may have access
to your information only for purposes of performing these tasks on our behalf
Applications: We may share your information with a third party application with
your consent, for example when you choose to access our Services through such
an application. We are not responsible for what those parties do with your
information, so you should make sure you trust the application and that it has
with Laws and Law Enforcement Requests; Protection of Greydot Mobile's Rights:
We may disclose to parties outside Greydot Mobile information about you that we
collect when we have a good faith belief that disclosure is reasonably
necessary to (a) comply with a law, regulation or compulsory legal request; (b)
protect the safety of any person from death or serious bodily injury; (c)
prevent fraud or abuse of Greydot Mobile or its users; or (d) to protect
Greydot Mobile's property rights. If we provide your information to a law
enforcement agency as set forth above.
Transfers: If we are involved in a merger, acquisition, or sale of all or a
portion of our assets, your information may be transferred as part of that
transaction, but we will notify you (for example, via email and/or a prominent
notice on our website) of any change in control or use of your Personal
Information or Files, or if either become subject to a different Privacy
Policy. We will also notify you of choices you may have regarding the
information. Non-private or Non-Personal Information: We may disclose your
non-private, aggregated, or otherwise non-personal information, such as usage
statistics of our Service.
Deleting Your Information
If you are a
registered user, you may review, update, correct or delete the Personal
Information provided in your registration or account profile by changing your
"account settings." If your personally identifiable information
changes, or if you no longer desire our service, you may update or delete it by
making the change on your account settings. In some cases we may retain copies
of your information if required by law.
We will retain your
information for as long as your account is active or as needed or as directed
by law in order to provide you services. If you wish to cancel your account or
request that we no longer use your information to provide you services, you may
delete your account. We may retain and use your information as necessary to
comply with our legal obligations, resolve disputes, and enforce our
agreements. Consistent with these requirements, we will try to delete your
information quickly upon request. Please note, however, that there might be
latency in deleting information from our servers and backed-up versions might
exist after deletion. In addition, we do not delete from our servers call
information that you have in common with other users.
Our Service offers
publicly accessible community services such as blogs, forums, and wikis. You
should be aware that any information you provide in these areas may be read,
collected, and used by others who access them. Your posts may remain even after
you cancel your account.
Site includes links to other Web sites whose privacy practices may differ from
those of Greydot Mobile. If you submit personal information to any of those
sites, your information is governed by their privacy statements. We encourage
you to carefully read the privacy statement of any Web site you visit.
The security of your
information is important to us. When you enter sensitive information on our
order forms, we encrypt the transmission and contents of that information.
follow generally accepted standards to protect the information submitted to us,
both during transmission and once we receive it. No method of electronic
transmission or storage is 100% secure, however. Therefore, we cannot guarantee
its absolute security.
Our Services are not
directed to persons under 13. We do not knowingly collect personally
identifiable information from children under 13. If a parent or guardian
becomes aware that his or her child has provided us with Personal Information
without their consent, he or she should contact us. If we become aware that a
child under 13 has provided us with Personal Information, we will take steps to
delete such information from our files.
If you have any
Changes to our
we believe materially reduces your rights, we will provide you with notice (for
example, by email). And we may provide notice of changes in other circumstances
as well. By continuing to use the Service after those changes become effective,
SECTION C: ACCEPTABLE USE
Modified: May 18th, 2020
Mobile is used by many people, and we are proud of the trust placed in us. In
exchange, we trust you to use our services responsibly.
agree not to misuse the Greydot Mobile services. For example, you must not, and
must not attempt to, use the services to do the following things:
Probe, scan, or test
the vulnerability of any system or network;
or otherwise circumvent any security or authentication measures;
tamper with, or use non-public areas of the Service, shared areas of the
Service you have not been invited to,Greydot Mobile (or our service providers')
with or disrupt any user, host, or network, for example by sending a virus,
overloading, flooding, spamming, or mail-bombing any part of the Services;plant
malware or otherwise use the Services to distribute malware;
or search the Services by any means other than our publicly supported
interfaces (for example, "scraping");
unsolicited communications, promotions or advertisements, or spam;
altered, deceptive or false source-identifying information, including
"spoofing" or "phishing";
anything that is fraudulent, misleading, or infringes another's rights;
or advertise products or services other than your own without appropriate
or misrepresent your affiliation with any person or entity;
Greydot Mobile referrals to get more credit for referrals than deserved;
or share materials that are unlawfully pornographic or indecent, or that
advocate bigotry, religious, racial or ethnic hatred; violate the law in any
way, or to violate the privacy of others, or to defame others.
digital tokens using fraudulent means, including but not limited to stolen
credit cards and unauthorised bank transactions. You agree that any claim by a
bank or third party service provider, that digital tokens were purchased on
your account, in a fraudulent transaction on their platforms, may result in you
forfeiting the total balance of ALL tokens in your wallet.