Term & conditions

Welcome to our App. This App is owned and operated by Opulous Finance (Pty) Ltd, registration number 2014/155044/07, trading as ofin (herein referred to as “we”, “us” or “our”), a company registered in South Africa

ofin “our App” is a service designed to serve/support current (and prospective) Independent Driver, Fleet Owners, 3rd Party Logistics and Enterprise Distribution.These Terms and Conditions (“App Terms” or “Terms”) govern your (“you” or “the user”) relationship with Us. By using our app, you confirm your acceptance of these App terms of use. If you do not agree to these terms, you must immediately uninstall the App and discontinue its use. These terms should be read alongside our Privacy Policy and Cookie Policy.

Use of the App

Our service primarily addresses South African residents (with a valid SA Identification Number) and qualifying non-residents (holders of a certified foreign passport and a valid South African address). Only select features of our service are relevant should these criteria not be met. You must be at least 18 years of age.
We hereby grant you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App are reserved by Us. You promise to use the service for lawful purposes and not violate the rights of other users or third parties. In the event of your breach of these App Terms we will be entitled to terminate the User Account immediately.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges.

Intellectual Property

Our name and logo, and other ofin trademarks, graphics and logos used in connection with the App are trademarks of Us. Other trademarks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). Our Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Us or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Us and its licensors.

User Account

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our App. Should you be deemed to commercially benefit from fraudulent disclosure of information – such as the discounts offered via our rewards programme – we and or our partners reserve the right to pursue legal action for the recovery of any loss or damages incurred.
You are responsible for safeguarding the password that you use to access the App and for any activities or actions under your password, whether your password is with our App or a third-party link. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account on our App.

Availability, Errors and Inaccuracies

We are constantly updating our offerings on the Service. Whilst we endeavour to keep all information current, the products or services available via our App may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising/on other web sites. Similarly our rewards partners, their vouchers and qualifying criteria, as well as other service providers and their offerings, are all subject to change. Where the icons, logos, names, products or descriptions pertaining to our 3rd party service/rewards partners have been mentioned in our documents, website, app, designs, marketing, social media, communications or otherwise, these were done accurately and for illustration purposes at the time of use or publishing.. We cannot guarantee the accuracy or completeness of any 3rd-party information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We may change, eliminate or restrict access to our service (or any part thereof) without notice and we may do so with respect to some or all users.

Third Party Revenue Disclosure and Due Diligence

Our app is available to download and use at no cost if you are sponsored by a 3rd party logistics and/ or Enterprise Distribution Entity. Whilst our service is freely accessible to users – albeit some in-app features are subject to qualifying criteria (namely our rewards programme) – we do act as an aggregator/directory of 3rd-party services/products. The 3rd-party products/services featured/ Recommended in the app have been independently selected by our team and should the user uptake any 3rd-party service/product, this may come at a price to the user in the form of a once-off purchase or ongoing subscription. Should the user buys something through links on our app or website, we may earn an affiliate commission from this sale. These purchases will be subject to the terms and conditions of each partner/3rd party service respectively, and we urge our users to familiarize themselves with 3rd-party terms concerning information disclosure, payments/privacy/subscriptions/billing information and policies. Take note of payment conditions when using third-party services.
We do our utmost to perform adequate due diligence on any partner/3rd-party company before “listing” them, or their products, on our service. This includes publicly available customer reviews, competitive comparisons and ensuring each entity is legally registered and permitted to operate and distribute their service in South Africa. As stated however, we have no control over, and assume no responsibility for, the delivery, content, privacy policies, security measures, or practices of any third party sites or services.

In-Application (App) Purchases and Pricing

In the future, we may/endeavour sell our own products or services directly through our app. Should you choose to purchase such products or services, a valid payment method is required to process the payment. You may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, CVV number, your billing address, and your shipping information, amongst others. Payments can also be processed via Debit Order and we will require your bank account information. If Debit Orders are processed the user will be required to sign or provide OTP to confirm the transaction. You represent and warrant that the payment information you supply to us is true, correct and complete at the time. You shall provide us with accurate and complete billing information where applicable and valid payment method information.

Some payments may be billed on a subscription basis, in advance or recurring, and may have conditions around free trials, automatic renewals and cancellations. We ask that you familiarise yourself with such before purchase where/when applicable.

At any time and without notice, we reserve the right to modify the pricing, terms and conditions of the future offers, services or subscriptions. Any fee change will become effective at the end of the user’s current Billing Cycle. We will provide you with a reasonable prior notice of any change in fees to give you an opportunity to terminate your subscription before such change becomes effective. Where subscriptions apply, your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

If we are fulfilling the purchase process on behalf of our partners/3rd party services, you grant us the right to provide the aforementioned information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order made directly through the get app at any time, for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other valid reasons, the information supplied by you is incorrect or if you have committed an act of fraud or an unauthorised or illegal transaction is suspected.

Refunds

Any of ofin’s own products or services - as sold and fulfilled by us - may be considered for refund requests. This will be considered by us on a case-by-case basis and will be granted in our sole discretion.

Internet Communications

We reserve the right to monitor all internet communications, including web and email traffic into and out of our domains and app for the purposes of security, ensuring compliance with these Terms and detecting fraud.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service and delete the App. If you had subscriptions or purchases with 3rds parties recommended within the app, those services will remain in effect. You may choose to opt out of our marketing communication list. You have the right to appeal this termination and we invite you to contact us at hq@ofin.co.za

Limitation Of Liability

In no event shall ofin, nor its directors, shareholders, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Should you become disgruntled with getlion for any reason, we invite you to contact us at hq@ofin.co.za to resolve this informally.

Disclaimer

Your use of the App and app services is at your sole risk. The App is provided on an “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. ofin, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersedes and replaces any prior agreements we may have between us regarding the App and its Service.

Changes to Terms and Conditions

We reserve the right, in our sole discretion, to amend (including without limitation, by the addition of new terms and conditions) this agreement at any time and from time to time without notice to you. Any such amendments shall come into effect immediately and automatically. You agree to review this agreement whenever you visit the website for any such amendments. If you do not agree to the new terms, please deregister your account from the Service.

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