Welcome to WhoZhoo (PTY) Ltd and our Terms of Service. These Terms of Use ("Terms") govern the access or use by you, an individual, of mobile applications, websites, content, products, and services (the "Services") made available by WhoZhoo (PTY) Ltd. The services provided by WhoZhoo help you monitor and protect your identity as well as verify the identity of another party. Please read these terms carefully before accessing or using the services. In these Terms, the words "including" and "include" mean "including, but not limited to."

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and WhoZhoo. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. WhoZhoo may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

WhoZhoo may amend the Terms related to the Services from time to time. Amendments will be effective upon WhoZhoo's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in WhoZhoo’s Privacy Policy located at www.whozhoo.com/legal/privacy.

Note that the App, Sites and Services are not a guarantee against identity theft or online identity fraud, and are not a substitute for online security software.

The Services constitute a technology platform that enables users of WhoZhoo's mobile applications or websites provided as part of the Services (each, an "Application") to build trust and security about another user by validating their identity. The need for validating an identity can be but not limited to: online buying / selling, property rental, online dating, unskilled labour employment checks, domestic and nanny checks etc. Unless otherwise agreed by WhoZhoo in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

Subject to your compliance with these Terms, WhoZhoo grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by WhoZhoo and WhoZhoo's licensors.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by WhoZhoo; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

The validation data supplied to the user, is a result of information supplied from various credit bureau data bases and other data providers who collect and monitor consumer profiles and related consumer information. The accuracy of data supplied by this WhoZhoo is entirely dependent upon the information supplied by the respective credit bureaus. WhoZhoo does therefore not warrant the accuracy of the validation data. WhoZhoo cannot be held liable whether in contract, delict or breach of warranty for any loss or damages, howsoever arising, through or out of the user (or any other third party) having placed reliance upon the data provided by WhoZhoo. WhoZhoo accordingly does not accept any liability for any inaccuracies, omissions or mistakes in the information provided by credit bureaus or any other data providers.

The Services and all rights therein are and shall remain WhoZhoo's property or the property of WhoZhoo's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner WhoZhoo's company names, logos, product and service names, trademarks or services marks or those of WhoZhoo's licensors.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to WhoZhoo certain personal information, such as your name, address, mobile phone number, identity number and email address, profile picture, scanned driver’s license, voice print as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or WhoZhoo’s termination of this agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. The text messaging is also used to send a WhoZhoo link on request of verification from one user to another. You may opt-out of receiving text (SMS) messages from WhoZhoo at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

WhoZhoo may, in WhoZhoo's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that WhoZhoo establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by WhoZhoo; (iii) may be disabled by WhoZhoo at any time for any reason without liability to WhoZhoo; (iv) may only be used pursuant to the specific terms that WhoZhoo establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. WhoZhoo reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that WhoZhoo determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. WhoZhoo does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

“WhoZhoo,” the WhoZhoo logo and any other WhoZhoo product or service names, logos or slogans that may appear on the Sites or Services are trademarks of WhoZhoo and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “WhoZhoo” or any other name, trademark or Product or service name of WhoZhoo without our prior written permission. In addition, the look and feel of the Sites and Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of WhoZhoo and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites or Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by WhoZhoo.

You understand that use of the Services may result in charges to you for the services or goods you receive from WhoZhoo. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by WhoZhoo.

All Charges are due immediately and payment will be facilitated by WhoZhoo using the preferred payment method designated in your Account, after which WhoZhoo will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that WhoZhoo may, use a secondary payment method in your Account, if available.

As between you and WhoZhoo, WhoZhoo reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in WhoZhoo's sole discretion. WhoZhoo will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. WhoZhoo may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

WhoZhoo supports Visa, MasterCard, Diners, American Express credit card and debit cards.

Credit card transactions will be acquired for WhoZhoo via PayGate(PTY) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3(SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

User details will be stored by WhoZhoo separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

The services are provided "as is" and "as available." WhoZhoo disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, WhoZhoo makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

WhoZhoo shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if WhoZhoo has been advised of the possibility of such damages. WhoZhoo shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any other party, even if WhoZhoo has been advised of the possibility of such damages. WhoZhoo shall not be liable for delay or failure in performance resulting from causes beyond WhoZhoo's reasonable control. In no event shall WhoZhoo's total liability to you in connection with the services for all damages, losses and causes of action exceed five hundred rand (R500).

The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

You agree to indemnify and hold WhoZhoo and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) WhoZhoo's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

Complaints must be submitted to WhoZhoo and will be dealt with by WhoZhoo in accordance with the provisions of this clause.

Without prejudice to the User's rights in law, the User is required, to first approach WhoZhoo with any complaint or dispute and afford WhoZhoo an opportunity to resolve a compliant before the User approaches any relevant authority, court or other dispute resolution body or refer the matter to Arbitration.

Please direct all complaints to info@whozhoo.com. The User's complaint should include the following

the User's name and surname; the User's username; the date on which the complaint arose; and a brief description of what gave rise to the complaint. In the event of a billing complaint the User should also include the following the reason for the dispute; the amount in dispute; and supporting information or documentation, if any. WhoZhoo will acknowledge receipt of the User's complaint within 3 (three) Business Days of receipt thereof.

WhoZhoo will formally respond with a view to proposing a resolution of the User's complaint in writing within 14 (fourteen) Business Days of receipt thereof, or within such longer period as we reasonably require under circumstances where the resolution of the complaint is for example (but without limitation) in the hands of a supplier or third party service provider.

The User may approach any relevant authority, court or dispute resolution body or refer the matter to Arbitration, for resolution of the dispute, should the User not be satisfied with the proposed resolution of the dispute by WhoZhoo.

Any dispute between the Parties may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This Agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.

The arbitrator shall have the power to give default judgement if any Party fails to make submissions on due date and/or fails to appear at the arbitration.

The provisions set out above shall not prevent either Party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.

This Agreement and all matters or disputes arising herefrom or incidental hereto shall be governed and construed in accordance with the laws of the Republic of South Africa

Claims of copyright infringement should be sent to WhoZhoo’s designated agent. Please visit WhoZhoo’s web page at www.whozhoo.com/legal/copyright for the designated address and additional information.

WhoZhoo may give notice by means of a general notice on the Services, electronic mail to your email address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing.

You may not assign these Terms without WhoZhoo’s prior written approval. WhoZhoo may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of WhoZhoo’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, WhoZhoo or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. WhoZhoo’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WhoZhoo in writing.