The scope and your acceptance of these Terms and Conditions
These Terms and Conditions, only govern the legal relationship between Medway and you related to your use of the Medway application and the services provided by Medway that allow you to store tokens representing your personal information in your device and communicate such tokens to us for the purpose of initiating a payment transaction with these details, and to receive notifications and details of transactions made using your device(s). Other than as set forth above, Medway neither conducts nor has control over any commercial activities in connection with your use of the Medway site, including, without limitation, credit assessment. Medway does not have any control over your bank’s activities. You acknowledge and agree that Medway is not responsible for any of these activities nor for your relationship with any banking authority.
You agree that you will use Medway in accordance with the laws of the country of the Republic of South Africa in which you reside and (if applicable) the country that you are in when using the Medway Sign-Up Service and that you will not use the Medway Sign-Up Service for any illegal or fraudulent purposes, or purposes that are prohibited by the Service Terms and Conditions (defined below) or these Terms and Conditions.
Grant of License and Restrictions
Medway hereby grants you a non-exclusive, non-transferable, limited, personal and revocable right and license to access and use this site, provided that you comply fully with these Terms and Conditions. You acknowledge and agree that some of the functionalities or services offered by Medway may be provided by Medway’s affiliates or subcontractors on behalf of Medway.
Use of the Medway site requires your device to have access to Internet, and requires obtaining updates or upgrades from time to time. Because use of the Medway Sign-Up Service involving hardware, software, Internet access and applicable updates, your ability to use the Medway Sign-Up Service may be affected by the performance of these factors.
You shall not interfere or attempt to interfere with the operation or use of this site in any way through any means or device including, but not limited to, spamming, hacking, and uploading computer viruses or time bombs, or any other means.
You may not reverse-engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) this service in whole or in part except as such right cannot be restricted by the applicable law of the Republic of South Africa.
If you fail to comply with, or Medway suspects that you have failed to comply with any provisions of these Terms and Conditions, Medway, in its sole discretion and without notice to you, may immediately suspend or terminate your use.
The features of the Medway site may vary based on your location and device, and may change from time to time, for example to make improvements to security, carry out technical updates, develop new functionality or improve the Medway user experience. Medway expressly reserves the right to, in its sole discretion, change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of this site at any time.
Disclaimer of Certain Damages
In no event, shall Medway or its agents, employees or sub-contractors, be liable to you for any losses that were not foreseeable by the parties when entering into these Terms and Conditions or for any indirect, incidental, consequential, special, exemplary, punitive damages, lost profits, or any losses that were not caused by any breach on part of Medway or it’s employees, agents or sub-contractors even if Medway or its employees, agents and sub-contractors have been advised of the possibility of such damages. (in all cases, whether in contract, Terms of Conditions, or otherwise.)
Limitation of liability
Claims for direct losses against Medway or its group companies, arising out of or in connection with your use of this site, or any third party application, its content or functionality, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, network charges an all other direct, indirect, special, incidental, exemplary, or consequential damages even if Medway has been advised of the possibility of such damages. Notwithstanding the forgoing, Medway’s total liability to you for all losses, damages, causes of action, including but not limited to those based on contract or Terms and Conditions.
These Terms and Conditions are governed by South African law and you can bring legal proceedings in respect of the products in the South African courts having jurisdiction. Notwithstanding the forgoing, Medway may apply for injunctive remedies (or and equivalent type of urgent legal relief) in any jurisdiction.
Alternative Dispute Resolution
Medway takes customer complaints very seriously and has comprehensive procedures in place to resolve customer complaints fairly. As such, Medway does not submit to any ADR procedure operated by any ADR provider.
These Terms and Conditions may be updated by Medway from time to time, for example to reflect changes to Medway features or for regulatory reasons. If you continue to access or use the Medway Sign-Up Service after these Terms and Conditions have been updated, you will be deemed to have read, understood and unconditionally agreed to such changes. If you do not agree to the changes then you must stop using the Medway Sign-Up Service.