Policies

ORDERING POLICY

Shopping Cart Checkout & Order Confirmation

All orders placed via Mint Kids Platforms are deemed your responsibility so please ensure that you check your order before placing it.

Once you have made a purchase and checked out of our shopping cart, you will be allocated an order number to confirm your purchase or subscription.

If you are uncertain if an order was submitted or you have not received your order number please contact our support team by logging a ticket with support@mintkids.co.za or log back into your account to view orders that you have placed. You can only sign into your account if you have registered as a user.

If you notice an error in your order, please report it to us immediately. Any errors made by a user that are not reported in time to effectively cancel the order, will be subject to our cancellation/returns policy.

Any Subscriptions that are purchased will immediately be billed for and cannot be refunded, however you are able to cancel your subscription at any time with one month cancellation notice period. Please contact our support team for more information or read our subscription policy

Once an order is placed, we are unable to change or cancel that order unless it has not yet been processed. Once an order had been processed it cannot be cancelled or amended until it is delivered. Once delivered you can return the product in accordance with our returns policy.

Billing of One-Time Purchases

When you make a one-time purchase via our shopping cart and checkout process for a Product, we will charge or debit your payment method once-off at the time of purchase. This does not apply to subscription services. For more information about subscription services, please read our subscription policy.

Subscriptions

Any user subscribing to our software solution must be 18 years or older.

When purchasing the Mint Kids software solution, you are subscribing for our services and agree to our Subscription terms and conditions set out below.

You are subscribing to an automatically renewing subscription, requiring recurring monthly payments until you cancel in in accordance with our cancellation policy.

When purchasing the Mint Kids software solution, we charge your first subscription fee on your credit card or debit card and any applicable taxes on the date you purchase your subscription on our Platforms.

Your subscription will automatically continue monthly until you provide notice of your intention to cancel the service, in writing via our support channels by logging a ticket with support@mintkids.co.za or in the event that we decline to renew your subscription due to non-payment or insufficient funds in your account.

Subscriptions and other purchases made through a third-party payment partner are managed directly by the applicable third-party and are subject to the terms and conditions of the third-party payment partner. Please familiarise yourself with these terms and conditions before selecting your preferred payment method. Mint Kids will not be held responsible for any issues or claims relating to any payments or transactions, not within Mint Kids control.

Changes to Subscriptions, Products, and Services

We may change subscription terms or subscription fees at any time on a go forward basis in our sole discretion. If the pricing for your subscription increases, we will notify you and provide you an opportunity to cancel or change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription, product, or service on a temporary or permanent basis. If you do not wish to continue subscribing with the new modifications, you may cancel your subscription. Your failure to cancel or your continued use of the product or service after the changes become effective will constitute your acceptance of the changes. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.

Unpaid Charges

If any fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the product or services or cancel your subscription.

If your credit card expires or your payment method is otherwise invalid, we do not automatically terminate your account and you will remain responsible for all charges and uncollected amounts incurred until you cancel your subscription or we, in our sole discretion, decide to terminate your account.

In addition, we reserve the right to collect from you all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.

Promotions

We may offer promotional rates for subscription-based services. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.

We may offer promotional trial subscriptions to allow access to the products or services on a trial basis or at a promotional rate.

If your subscription includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial, you are required to provide your payment details when you sign up in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your subscription will automatically convert into a paid subscription and your payment method will be charged the applicable fee unless you have cancelled your subscription in accordance with our cancellation policy. You may cancel your subscription during your free trial to avoid being charged as described above and below; such cancellation will be effective immediately.

If your subscription includes a promotional rate, you will be charged the promotional rate for the relevant number of subscription periods and upon completion of that period, your subscription will continue to automatically renew at the full rate. To avoid being charged the full rate, you must cancel in accordance with our cancellation policy before the promotional period ends.

You may only be permitted to use one free trial or promotional rate offer. If your subscription is ever cancelled or terminated for any reason and you purchase an additional subscription, you may not be eligible for a free trial or another promotional rate offer.

Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

We may offer promotional pricing or credits to new or existing subscribers and for other marketing purposes, such as a referral program (“Referral Program”). Eligible users may be able to earn benefits like discounts by inviting their eligible friends and family as new customers. New users may be able to purchase a subscription at a discount through the Referral Program. Your ability to earn, use, and take advantage of such benefits and discounts is subject to applicable terms and instructions. You must be truthful and accurate in your participation in the Referral Program. Each apparent referral is subject to independent verification by us.

Payment of Fees and Taxes

In order to pay for a once off purchase of a product(s) or subscribe to a service, you will be required to choose a valid payment method (such as a credit card) and must remain on file to pay for any reoccurring subscriptions from our Platforms. You will be billed for your Subscription Fees monthly unless you cancel your subscription. Any Transaction Fees or Additional Fees will be charged to your payment method. If we are unable to process payment of Fees using your payment method, we may make subsequent attempts to process payment of Fees using your payment method. If payment of Fees is unsuccessful within 28 days of our initial attempt to process payment, Mint Kids may then contact you to try and arrange an alternative payment method to assist you to continue your services. Should we be unable to reach you or to secure a viable alternative payment method, Mint Kids may at its discretion terminate your services.

You must keep a valid payment method on file with us to pay for all incurred and recurring subscription fees. Should your payment details change, please notify us of such changes to ensure that your payment information is accurate. Mint Kids will continue to charge the authorised payment method for applicable subscription fees until the services are cancelled, and all outstanding fees have been paid in full.

All fees listed on the Mint Kids platforms are inclusive of Vat, calculated at 15%.

SHIPPING POLICY

Delivery

Standard processing for most products is approximately 1- 5 business days plus shipping time, depending on stock availability and the delivery location. This is not a guaranteed time frame and will be based on your particular basket of Products and Services.

Our Software only solution should be enrolled within 24 to 48 hours if a device is compatible and we have all the accurate information required for enrolment. To ensure compatibility, please contact our support team.

National holidays or peak periods may cause delays and orders may take longer.

Standard delivery or overnight courier options which may incur additional charges.

We make every effort to get your items to you quickly and efficiently. We asked that you please double check your shipping address as additional shipping charges will apply if your package is returned to us for an invalid or incomplete address.

Once an order is placed and in the warehouse for processing, we cannot change the shipping information.

Signatures are required on all deliveries for us to confirm successful delivery. Please ensure that you sign for your parcel to avoid incurring any additional fees associated with redelivery.

Since we have no control over the shipping carrier, if your item is damaged in transit, please notify us immediately and refer to our returns policy for guidance. Please keep your damaged package so that we can file a claim.

We also do not refund express or overnight deliveries that are late due to force majeure events or acts of God.

Returns

Returns Policy

We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we’ll either exchange it, replace it, or credit your account.

This Policy only applies to products bought from the Mint Kids Website itself.

This Policy does not apply to refurbished or second-hand devices being sold, which can be referenced in its own separate section below.

Refurbished devices or second-hand devices are offered at discounted prices, because their original packaging is damaged, unsealed or missing, or the products show signs of handling and/or re-packaging. These products are subject to their own returns policy.

This Policy forms part of the Mint Kids Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.

Device Returns:

To ensure that your device return request is processed expediently, please ensure that you adhere to the following returns conditions:

1. Package your products securely for protection during transit, to prevent any product damage;
2. Address your package to Mint Solutions (Pty) Ltd and ensure the correct return address is 27 Pretoria Street, Oaklands 2192, Johannesburg. Ensure our telephone number is on the label 010 045 1530 and add your order number as the reference number on the parcel so that your return can be linked to your purchase. You must also include your name and contact details.
3. Include all charging accessories and screen protector and device cover and/or any additional parts or products that were sold with the product.
4. If you return a product to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) refuse the return, or only to replace the item that you did return; or to estimate the value of the missing accessories and parts and to credit or refund you in respect of the returned item only.

If you return a product that does not comply with this Policy, you may be liable to reimburse Mint Kids for the cost of collecting the product from you and the cost of having the product returned to you.

Failure to adhere to any of these requirements may delay the processing of your request or result in the rejection of your return.

2. Unwanted Products

You can return any unwanted device to us at no charge, provided:

1. It is undamaged and unused, with the original packaging, labels and stickers still attached as well as any accessories bought with the product.
2. You log a return with our support team at support@mintkids.co.za to arrange collection or delivery of your product. You will need to return the product within 7 working days from the date of delivery of the device. Once the 7 working days has lapsed, you may only return the device if the device is defective or damaged.
3. The returns team is entitled to inspect the product to validate your return. Please contact our support team prior to arranging your return to make sure that your product is returnable and meets our return policy’s terms and conditions. This will ensure that you don’t incur any unnecessary charges.
4. Once the device has been delivered and checked by our returns team and it meets the return policy conditions and above criteria, the returns team will process a product exchange or a credit. 3.

3. Product Exchange

If you ordered the wrong product or if you require a different spec device, you may request a product exchange within 7 working days from the date of delivery of your product. Mint Kids will do its best to ensure that your desired product is exchanged accordingly, provided that such variation is available and the same pricing as your purchased product. If such variation is not available, we will refund you.

The returns team will need to validate your purchase and ensure that the device has the same IMEI/Serial number as the device that you purchased. Once this is validated the exchange will be processed.

4. Wrong Product

If we mistakenly deliver the wrong product to you, or if the product does not meet the description on the Website, please notify us immediately and we will collect the product from you at no charge. Please ensure that the product complies with the return policy. Once the returns team have inspected the product and validated your return, we will deliver the correct product to you as soon as possible (if the correct product is available); or credit you if the product your ordered is no longer available.

5. Products damaged on delivery

Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 working days of such delivery/collection by logging a support ticket with our support team at support@mintkids.co.za. Our procurement team will assist you with your damage report and will arrange for the device to be collected at no charge to you. Once the returns team have inspected the product and validated your return, we will at your choice either repair the product and deliver or provide you with a new product as soon as possible (if the correct product is available); or credit you if the product your ordered is no longer available.

6. Defective Products

We do our best to ensure that the products we deliver to you are in good working order and without defects.

A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.

The following will NOT be regarded as defects and will not entitle you to a return under this section 6;

Faults or damage resulting from wear and tear;

damage arising from negligence or user abuse;

damage arising from water damage;

damage arising from a failure to adequately care for the product;

damage arising from unauthorised alterations or repairs to the product;

signs of handling and/or repackaging.

All Mint Kids devices come with a Manufacturer Warranty. All warranties are subject to the standard terms and conditions of the device manufacturer. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.

Please notify Mint Kids of any defects or product issues with 6 months of delivery and Mint Kids will repair the device within warranty. To log a defect repair please contact support@mintkids.co.za. Failure to report the defect or product issue within the prescribed 6 months from date of delivery will result in a rejection of the return.

7. Refurbished or Second-Hand Products

Mint Kids offers a range of Refurbished devices and second-hand devices at discounted rates.

An unboxed Deal, refurbished product or second-hand product can only be exchanged for a variation of the same deal, if such variation is available. In such a case, we will collect the product from you and deliver the requested product to you at no charge. If such variation is not available, we refund you as long as the return meets the returns policy terms and conditions. Mint Kids offers a 6 month repair warranty on all refurbished or second hand devices.

If you request a repair or replacement of a refurbished device or second hand device and a repair is not possible we will try to replace the product with the same spec as the one sold, but if we do not have the same or similar spec product in stock, we will refund you.

Refunds

Please note that we only refund to the payment method that you originally used – i.e. payment by credit card will be refunded to the same credit card or payment by Instant EFT will be refunded to your nominated bank account

Privacy

This Privacy Policy applies to all users of our Mint Kids site as well as mobi-sites and software applications, collectively referred to as “our Platforms”, which are used to access and purchase our products and services.

The purpose of this Privacy Policy is to communicate and explain, why and when Mint Solutions (Pty) Ltd referred to as (“Mint Kids”) uses your Personal Information so as to comply with the Protection of Personal Information Act 4 of 2013 (“POPI”).

It is important that you read and understand this Privacy Policy together with our other terms and conditions, privacy notices or policies we may provide from time to time when we collect or use your Personal Information.

We respect your privacy and take the protection of Personal Information seriously. To procure devices, data or sign up or subscribe to the Mint Kids Software, we need to use some of your personal information.

The Privacy Policy outlines how we handle the Personal Information we collect and/or receive from you. By using our Platforms, you agree to the processing of your Personal Information as set out in this Privacy Policy.

In The Privacy Policy, the terms:

“Personal Information”, and “process/processing” bear the same meanings as set out in POPI.

“we”, “us” or “our” refers to Mint Kids

“you” and “your” refers to every or any person that accesses or uses our Platforms as a user.

“registered user(s)” refers to anyone registered on our Platforms and has provided us with a unique email address and password as well as other Personal Information to order Products or Services on our Platforms.

“Products” refers to devices, accessories or sim cards sold on our Platforms.

“Services” refers to our mobile data and airtime subscriptions as well as the Mint Kids mobile device management software solution.

Only parents, caregivers or guardians over the age of 18 years old are eligible to procure Products and Services from our Platform.

PERSONAL INFORMATION COLLECTED AND PROCESSED BY MINT KIDS

Mint Kids processes Personal Information that is purpose-specific and necessary to subscribe to and/or procure our Products and Services. When you become a registered user to use our Platforms, we must collect and process your Personal Information in order to render our services to you.

When you register to use our Platforms, we may collect the following Personal Information:

name and surname.
email address.
physical address.
date of birth
mobile phone number.
online identifiers.
identification number.
banking details, credit card or debit card details when you procure Products or subscribe to Services offered by Mint Kids
Should your Personal Information change or if you need to amend and/or correct this Personal Information you can do so by updating your registered user information in your account profile.

You acknowledge and confirm that the information you have provided is accurate, current, true and correct and you agree that the information submitted is your own and not that of another person.

INFORMATION FROM USING OUR PLATFORMS

When you access our Platforms, whether or not you are a registered user, Mint Kids processes some of your Personal Information. Depending on how you access and use our Platforms, we may receive:

log information, through online identifiers, including information on how, when and for how long you use our Platforms and other services, the content you view and search queries you submit.
information about the products or services that interest you
the technology you use to access or use our Platforms, including the type of device you are using, how you access our Platforms, your browser or operating system and your Internet Protocol (IP) address
Marketing lead generators from social media sites or affiliate partnerships

WHY DO WE PROCESS YOUR PERSONAL INFORMATION?

We process the Personal Information we collect and receive to:

identify you;
verify your identity;
create a user account for you; and/or
enter into a contract with you;
to facilitate the payment of products and services;
fulfill our contractual obligations to you when you have ordered Products or subscribed to services provide you with information, products or services you request from us;
communicate with you regarding our Platforms and provide you with information, products or services, including billing, customer support, resolving complaints and quality control;
notify you about changes to our Platforms, services and products, terms and conditions, privacy policy or notices, and any other changes that impact our Platforms, services and products;
send you marketing information that may interest you (unless you have opted out of receiving such information);
comply with any legal or regulatory obligations such as tax or financial laws.

RETENTION AND RESTRICTION OF RECORDS

We keep your Personal Information for as long as:

we need it to provide our Platforms, products or services to you;
it is required or allowed by law and is in line with our internal retention policies;
it is necessary to uphold the contract between us;
you have agreed to us keeping your Personal Information subject to your request for us to stop processing your Personal Information.

We will retain your Personal Information for as long as is necessary to achieve the purpose for which this information was collected or subsequently processed. If your Personal Information is used for more than one purpose, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period once that period expires.

By accessing and using the Platform, you consent to us retaining records of your Personal Information for no longer than may be necessary to achieve the purpose for which the information was initially collected or subsequently processed.

USER TRACKING AND COOKIES

When you access and use our Platforms we may use various technological tools to improve your customer service experience on our websites through the use of cookies and/or user tracking.

Cookies are small text files placed on the device that you use to access our Platforms. These files do not contain your Personal Information but allow us to associate you with a particular device. Many websites use cookies and we use cookies to:

improve our customer service experience
improve our product range and selection
personalise your interactions with our Platforms, tailor our services and Platforms to your interests and needs, and ensure they work on your device.
provide advertising that is relevant to you, limit the number of times you see the same advertisement and measure the effectiveness of the advertisements on our Platforms and other websites, based on your online activities such as the websites and apps you use or content you view, and information we have about you.
send Opt-In marketing communication if you are not a registered user.

We will not use your Personal Information for any other purpose without your permission.

By accessing and using the Platform, you consent to our use of cookies.

OPT OUT FROM DIRECT MARKETING

You have the right to request us not to contact you for purposes of direct marketing by any form of electronic communication such as automatic calling machines, email and/or SMS notifications by “opting-out” of any direct marketing communications we may send to you.

WHO ELSE GETS TO PROCESS YOUR PERSONAL INFORMATION

We do not sell your Personal Information to third parties for their marketing or any other purposes.

We may provide or make your Personal Information available to:

our employees, the staff and/or third-party service providers in order to enable them to assist us to interact with you via our Platforms for the marketing, ordering or delivery of Products and Subscriptions where applicable.
law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity..

SENDING YOUR PERSONAL INFORMATION OUTSIDE SOUTH AFRICA

We may transfer certain Personal Information outside the geographic borders of South Africa to service providers for purposes set out above, including for data storage and back-up purposes to ensure the integrity of our systems.

When we transfer your Personal Information outside of the geographic borders of South Africa, we will ensure that we do so in accordance with the requirements for lawful transfer outside of South Africa as set out in POPI.

By accessing and using our Platforms, you consent to us transferring your Personal Information outside of South Africa as set out in POPI.

SECURING YOUR PERSONAL INFORMATION

We secure the integrity and confidentiality of your Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of Personal Information; and unlawful access to or processing of Personal Information.

In order to implement and maintain such measures, we have in place policies, controls and related processes, which are reviewed and updated on a regular basis. Our policies, controls and procedures cover for example:

physical, technical and network security.
access controls and monitoring of access.
secure storage, destruction and encryption of records of Personal Information.
Personal Information breach reporting and remediation.
by way of written agreements, imposition of security and confidentiality obligations on third parties (based within or outside the borders of South Africa) who process Personal Information as part of rendering services to us.

Should you disclose your Personal Information to any third party other than Mint Kids, or if a third party unlawfully acquires your Personal Information elsewhere, Mint Kids will not be liable for any loss or damage arising from or suffered by you as a result of the disclosure or unlawful acquisition elsewhere (as the case may be) of such Personal Information. This is because we do not regulate or control how that third party uses your Personal Information. You should always ensure that you read the privacy policy of any third party.

KNOW YOUR RIGHTS

Having provided adequate proof of your identity, you have the right to:

view, correct, object and/or amend your Personal Information we process. Please note that as a registered user, you can do this through your user account for the Personal Information reflected therein.
request to have your Personal Information corrected, destroyed or deleted. Please note that you can stop being a registered user by cancelling your account.
inform you if reasonably practicable, should we change your Personal Information and this has an impact on decisions about you.
notify you of the action taken by us because of your request.
notify you of unauthorised access to your Personal Information.
provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request.
Submit a complaint to the Information Regulator.

HOW TO LODGE A COMPLAINT WITH THE INFORMATION REGULATOR

If you have any complaints about this Privacy Policy or our compliance with this Privacy Policy you can lodge a complaint with the Information Regulator.

The contact details of the Information Regulator are available on its website at: https://justice.gov.za/inforeg/

This version of the Privacy Policy replaces any preceding privacy policy provisions on our website. It is important to regularly keep yourself updated and informed of any updates to our Privacy Policy. When you use our Platforms the version of the Privacy Policy posted on this page applies to you.

MOBILE DEVICE MANAGEMENT SERVICES AGREEMENT

The access to and continued use of Mint Kids Software (“Products and Services”) constitutes the User/Subscribers acceptance of and compliance with the following provisions contained herein. The User/Subscriber must familiarise himself/herself with the provisions contained in this Agreement and should the User/Subscriber not agree with the terms and conditions of use set out herein, the User/Subscriber should immediately discontinue the use of this service.

Mint Solutions (Pty) Ltd, Herein referred to as “Mint” reserves the right to change, modify, add to or remove from portions or the whole of the Agreement from time to time. Changes to the Agreement will become effective upon such changes being posted to the Mint Kids Website and it is the User/Subscriber’s obligation to periodically check for updates or changes. Continued use of the Mint Kids Software following the posting of changes or updates will be considered notice of the User/Subscriber’s acceptance to abide by and be bound by these terms and conditions, including such changes and updates.

DEFINITIONS AND INTERPRETATION

In this Agreement:

1.1 unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings;

1.2. the headings of clauses are for purposes of convenience and reference only and shall not be used in the interpretation;

1.2.1 an expression which denotes:

1.2.2 any one gender includes the other two genders; and

1.2.3 a natural person includes a juristic person and vice versa;

1.2.4. the singular includes the plural and vice versa;

1.2.5 a party includes a reference to that party’s successors in title and assigns allowed at law.

DEFINITIONS

The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely:

2.1 “Agreement” means this Agreement and the terms and conditions of usage.

2.2 ”Charges” means collectively any professional services fees, consulting fees, setup fees, service or product charges pertaining to the provision of the Services and Products as subscribed for on the Mint Kids website.

2.4 ”Commencement date” means the date of subscription or activation of the Products or Services by purchasing, ordering or subscribing to the the Products or Services on the Mint Kids website.

2.5 “User/Subscriber Assets/Property” means mobile device assets, apps, files owned and operated by the User/ Subscriber for which the User/Subscriber uses the Products and/or Services.

2.6 “Dashboard/ Portal” means the Mint Kids Software and/or MDM user interface for accessing and administering and managing MDM Products and Services that can be accessed via the web or a mobile application. Mint will administer the Dashboard/Portal on behalf of the User/Subscriber in order to provide its Products and Services.

2.7 “Data” means any data of any type that is submitted to the Services by or on behalf of the User/Subscriber, including without limitation, data submitted, uploaded or imported to the Services by the User/Subscriber or Mint on their behalf (including from Third Party Platforms) and data provided by or about people that are collected from any User/Subscriber.

2.8 “Laws” means all applicable local, state, federal and international laws, regulations, and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data.

2.9 “Mint Kids Software” means the Mobile Management Software (MDM), a Products and Services which facilitates the IT administration security and control of mobile device assets including tablets, smart phones, mobile computers, and laptops by enforcing policies on those devices.

2.10 “Subscription” means the Subscription and/or Procurement of services ordered on the Mint Kids website and supplied by Mint which includes the description and quantity of the Products and Services as well as the Charges as set out therein, subject to the terms and conditions of this Agreement.

2.11 “Authorised Subscriber/User” means the authorised Subscriber or User who signed up for the Products and Services or any user approved by the Authorised Subscriber/User with the requisite permission from the Subscriber/User to request changes or updates to the Mint Kids Software using the Subscriber/User’s pin code/ password.

2.12 “Prime Rate” means the publicly quoted basic rate of interest (percent, per annum, compounded monthly in arrears and calculated on a 365 day year irrespective of whether or not the year is a leap year) from time to time published by Mint’s bank from time to time as being its prime overdraft rate, as certified by any manager of that bank, whose appointment and designation it will not be necessary to prove.

2.13 “Products” means the Mint Kids Software specifically mobile device management products, product licenses or product code/key contracted by the Subscriber/User from Mint. Each Product is governed by its own End User License Agreement.

2.14 “Renewal period” means any Subscriptions, License Keys/Codes that are renewed or mobile devices or User Property that continues to be renewed monthly.

2.15 “Sensitive Personal Information” means any information deemed by law to be sensitive.

2.16 “Subscribed Services/Services” means the subscription and enrolment of the Mint Kids Software ordered on the Mint Kids Website which shall endure monthly unless cancelled by the User/Subscriber. A one-month cancellation notice period will be applicable for cancellation of any Products and Services. Services also include any professional consulting or support services provided to the Subscriber/User.

2.17 “Third Party Platform” means any applications, software, software-as-a-service, data sources or other products or services used by the User/Subscriber from a Third Party.

“Subscription Date” means the date that the User or Subscriber signed up for/or ordered the Subscription Products and Services using the Mint Kids Website.

“Mint Kids Website” means the Mint Kids Website and Ecommerce Platform whose registered domain is mintkids.co.za.

“Supplier” means any company or OEM (Original Equipment Manufacturer) which supplies Mobile Device Management software or software-as-a-service to Mint Solutions (Pty) Ltd.

“Mint” means Mint Solutions (Pty) Ltd with company registration number 2020/577902/07.

2.21 “VAT” means Value Added Tax as levied from time to time in the Value-Added Act, No 89 of 1991 (as amended);

when any number of days is prescribed in this Agreement, same shall be Business Days reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is a Business Day.

2.23 where any term is defined within the context of any clause in this Agreement, the term is so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in this interpretation clause;

2.24 the expiration or termination of this Agreement shall not affect such provisions of this Agreement as expressly provided they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

2.25 any reference in this Agreement to a party shall, if such party is liquidated or sequestrated, be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.

SUBSCRIPTION

3.1 By subscribing to, signing up for or ordering the Products and Services, the User/ Subscriber agrees to contract the Mint Kids Software and Products and Services. Mint hereby agrees, to provide the Products and Services to the User/Subscriber and its Authorised Users according to the Terms and Conditions of this Agreement.

3.2 This Agreement shall take effect from the Commencement Date/Subscription Date and shall renew monthly unless the Subscriber/User cancels the Products and Services in accordance with clause 10 below.

CHARGES AND PAYMENT

4.1 In consideration for the provision of the Products and Services by Mint to the User/Subscriber, the User/Subscriber will provide its payment details on the Mint Kids Website when subscribing to or ordering the Products and Services and who shall make payment to Mint monthly unless the Subscriber/ User cancels the Products and Services in accordance with clause 10 below.

4.2 Mint shall be entitled, upon notice to the User/Subscriber, to increase its Charges. Should the Subscriber/ User not want to pay the increased Charges, the Subscriber or User can cancel the Subscription in accordance with the Subscriber Policy. If the User/ Subscriber does not cancel the services, it means that the User/Subscriber accepts the increased Charges.

4.3 Any payments that default or fail by the payment date shall accrue interest at the Prime Rate which shall be charged from the due date of payment until the date on which payment is made in full, both dates inclusive.

4.4 Mint will be permitted to suspend Products and Services in the event of nonpayment by the User/Subscriber until such time as payment of all outstanding amounts due to Mint have been made in full.

4.9 In the event of a dispute in respect of any Charges by Mint, such dispute shall be resolved as follows:

4.9.1 the aggrieved party shall be obliged to notify the other party in writing that it disputes a Charge (“Payment Dispute”) or portions thereof, including the reason/s for the Payment Dispute (“the Payment Dispute Notice”). If the Payment Dispute only relates to a portion of the Charges, the undisputed amount/portion of the Charges shall be paid in the ordinary course and may not be withheld by the aggrieved party;

4.9.2 the parties shall endeavour to resolve the Payment Dispute themselves by negotiating in good faith. If the Payment Dispute is resolved/settled by the parties, the details of such resolution settlement shall be recorded in writing and signed by the parties;

4.9.3 should the parties be unable to settle the Payment Dispute themselves within 10 (ten) business days of receipt of the Payment Dispute Notice, the Payment Dispute shall be referred to and determined by an independent expert who in doing so shall act as expert and not as arbitrator. In the event that Mint and the User/Subscriber are unable to agree on the identity of the independent expert within 10 (ten) Business Days from the date of a request by either party, the independent expert shall be appointed by the executive president or failing him for any reason, then by the most senior officer for the time being of the South African Institute of Chartered Accountants (or its successor in title) from a firm:

4.9.3.1 which have experience in matters similar to that forming the subject matter of the Payment Dispute.

4.9.4 the expert shall direct the manner in which the parties will be required to make representations, alternatively direct that the parties appear before him to make oral representations pursuant to which the independent expert shall deliver his determination as soon as reasonably possible thereafter. If it is found by the independent expert that the disputed amount or portion of the invoice is due and payable by the User/ Subscriber to Mint, then and in such event, such amount will attract interest at the Prime Rate which shall be charged from the due date of payment until the date on which payment is made in full, both days inclusive.

4.5 All Charges are inclusive of Vat.

5.5 The User/ Subscriber gives its consent to Mint and its employees to administer the Mint Kids Software and Products and Services as contemplated in the Subscription. This includes, but is not limited to;

5.5.1 setup and configuration of the Software

5.5.2 procurement of Software Product license keys;

5.5.3 setup and configuration of profiles applied to the User/Subscriber Property.

5.5.4 management and deployment of security policies;

5.5.5 deployment of Apps for use with the Services;

5.5.6 consulting services; and

5.5.7 support services.

5.6 Mint will not take any responsibility or liability for any Third-Party App crashes or any Third-Party Apps that cease working or which malfunction resulting from the use of Third-Party Apps. Mint will only be responsible and take liability for the App deployment process on the Mint Kids Software.

5.7 Mint will not take any responsibility or liability for any security settings or restrictions within Third-Party Applications that the User/Subscriber chooses. The User/ Subscriber will be solely responsible for setting up or customising their restriction preferences by logging into the Third-Party Applications and configuring the application settings. Should the User/Subscriber not know how to set up the in-application settings, it is the responsibility of the User/Subscriber to contact the support resources or contact centre of the Third-Party Application provider. Mint will only be responsible for restricting the mobile device settings and features and for configuring the approved profile/kiosk mode and deploying the approved Third-Party applications to the Users/Subscribers Property/Assets.

5.8 The User/Subscriber understands and agrees to adhere to the terms and conditions of usage of the Supplier found on the Supplier’s websites, as may be amended from time to time.

DATA PRIVACY

6.1 Mint does not supply Storage of Data long term in terms of data archiving services. Mint agrees that it will not intentionally delete any Data from any Product or Service prior to the termination of the Product Term and in accordance with the storage policy of the Supplier(s). Mint expressly disclaims all other liability with regards to the storage of Data.

6.2 The User/ Subscriber is responsible for the accuracy, content and legality of any Data or Apps deployed to its Property. The User/Subscriber agrees not to hold Mint liable for any damage or consequences resulting from Data violations or infringe any third-party intellectual property, publicity, privacy or other rights, any Laws, or any terms of service, privacy policies or other agreements governing the mobile devices. Mint will be liable only for any unauthorised Apps that may be deployed whether by error or by gross negligence via the Mint Kids Software Products and Services.

6.3 The User/ Subscriber agrees to comply with all POPIA and/or Sensitive Personal Information policies required when instructing Mint to deploy approved Apps and/or Policies. Mint will not be held liable for the sharing of any Sensitive Personal Information.

6.4 The User/ Subscriber indemnifies, defends and holds Mint harmless from and against any and all claims, costs, damages, losses, and liabilities arising out of or in connection with any claim relating to any Data or breach, save in the event of gross negligence by Mint.

USER/ SUBSCRIBER OBLIGATIONS

7.1 The User/ Subscriber undertakes to check with Mint that its mobile devices and/or Property is compatible with the Mint Kids Software Products and Services and will provide Mint with the make, model and IMEI numbers of the mobile devices that need to be enrolled as well as provide Mint with the relevant instructions required to create the preferred security profiles for the User/Subscriber’s mobile devices and/or Property.

7.2 The User/Subscriber that is consenting to the terms and conditions of this Agreement in a representative capacity warrants his/her authority to do so.

MINT’S OBLIGATIONS

8.1 Mint will deliver the Mint Kids Software Services and Products with the requisite skills, knowledge, experience and technical expertise in order to assist the User/Subscriber with the setup, administration, profile management and ongoing support of its MDM software solutions to enable the IT administration, security and control of its User/Subscriber’s Property.

8.2 Mint will enrol and manage the User/Subscriber’s Property on its Dashboard and Portal on behalf of User/ Subscriber.

8.3 Mint specialises in delivering a fully managed Service across multiple supplier Software Products and Services and agrees to provide the best possible Product, management, administration and Support Services to the User/ Subscriber in accordance with the terms and conditions set forth in the Service Level Agreement.

8.4 Mint agrees to use commercially reasonable technical and organisational measures designed to prevent unauthorised access, use, alteration or disclosure of any Service or Data.

WARRANTIES AND EXCLUSION OF LIABILITY

9.1 Mint, its employees, servants, agents, contractors and sub-contractors shall be exempted from and shall not be liable to the User/Subscriber, or any third party under any circumstances whatsoever for any direct or indirect or consequential damages of any kind or nature for any loss of profit or special damages of any kind, whether in the contemplation of the parties or not, which the User/Subscriber, or any third party may suffer as a result of non-delivery or disrupted services of the Supplier over which Mint has no control.

This includes:

9.1.1 a delay in providing or repairing the Services or the total or partial interruption of the Services by the Supplier over which Mint has no control;

9.1.2 the failure of the Services or facility (including without limitation to the Services offered by any of the Suppliers) or the unlawful or fraudulent accessing by a third party of the Suppliers’ software or infrastructure over which Mint has no control;

9.1.3 Suppliers may need to conduct maintenance, repair and/or improvement work from time to time on the software or technical infrastructure by means of which the Services are provided. Should the Supplier’s products be interrupted for whatever reason, Mint cannot be held liable as a result of any such interruption. Mint will endeavour to inform the User/Subscriber or any affected third parties of such planned or unplanned interruptions.

9.1.4 If the nature of the interruption or failure is caused by the Supplier’s failure to deliver their Service or if the failure is due to any reason out of the direct control of Mint. Mint, however, will take all reasonable measures to detect and resolve any failures with the view to repair, re-route or provide a temporary alternative Service, to the extent possible, to improve the quality of service. Mint will endeavour to report back to the User or any third-party any information on the possible cause of the fault, failure or defect and the remedial action that is being planned.

9.1.5 Mint does not make any representations nor, unless expressly given in writing, give any warranty or guarantee of any nature whatsoever in respect of the Services or the equipment, or their suitability for any intended purpose. Without derogating from the generality of the a foregoing, Mint does not warrant or guarantee that the information transmitted through the use of the Services will be preserved or sustained in its entirety, will be suitable for any intended purposes, will be free of inaccuracies or defects, bugs or viruses of any kind.

CANCELLATION AND DISPUTE RESOLUTION

10.1 The Subscription will continue monthly unless the Subscription is cancelled in accordance with the Subscriber Policy. A one-month cancellation notice period is required.

10.2 Save where otherwise provided in this Agreement, in the event of any dispute or difference arising between the Parties relating to or arising out of this Agreement, including the validity, implementation, execution, interpretation, rectification, termination or cancellation of this Agreement, the Parties shall forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of 14 (fourteen) Business Days, the said dispute or difference shall on written demand by any Party to the dispute be submitted to arbitration in Johannesburg, by a single arbitrator agreed to by the Parties and failing agreement within 10 (ten) Business Days after arbitration has been demanded, the arbitrator shall be appointed, at the request of either Party, by the head of the Arbitration Foundation of Southern Africa (“the Foundation”), in accordance with the expedited rules for arbitration (“AFSA expedited Rules”).

10.3 The Parties agree that the decision of the arbitrator shall be made on an expedited basis and shall be final and binding on the Parties to the arbitration and may be made an order of court at the instance of any Party.

10.4 The cost of the arbitration shall be borne by the Parties in accordance with the arbitrator’s decision thereon.

10.5 This clause shall not preclude the Parties from applying to the appropriate division of the High Court for interim or urgent relief which requires such application.

BREACH

11.1 In the event of either Party breaching any of its obligations in terms of this Agreement and remaining in breach notwithstanding receipt of written notice to it by the non-breaching Party calling upon the breaching Party to remedy such breach within 7 (seven) Business days of receipt of such notice, the non-breaching, Party shall be entitled to cancel the Agreement and/or to claim specific performance of its obligations, and to claim damages suffered by it as a result of such breaching Party.

DOMICILIUM CITANDI ET EXECUTANDI

12.1 Mint’s domicilium citandi et executandi address for all purposes arising out of this Agreement, including the service of legal process shall be 27 Pretoria Street, Oaklands, Johannesburg 2192.

12.2 The Subscriber/User’s address will be the address that is registered on the Mint Kids Website Accounts page. The User/Subscriber agrees to keep His/Her domicilium citandi et executandi address accurate and updated at all times for notices to;

12.2.1 be delivered by hand; or

12.2.2 sent by prepaid registered mail; or

12.2.3 be sent by E-mail.

12.3 Notwithstanding anything to the contrary herein a written notice or electronic communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium.

CESSION AND ASSIGNMENT

13.1 The User/Subscriber shall not be entitled to cede, assign or transfer all or any of its rights and/or obligations in terms of this Agreement without the prior written consent of Mint.

13.2 Mint shall, at any time, be entitled to cede, delegate and/or assign all or any of its rights and obligations in terms of this Agreement to a Third Party and, to the extent required by law, the User/Subscriber shall be deemed to have consented thereto.

SEVERABILITY

14.1 Any condition in the Agreement held to be invalid, illegal or unenforceable shall not affect the remainder of the terms and conditions contained in this Agreement.

VARIATION, CANCELLATION AND WAIVER

15.1 No variation or cancellation of this Agreement shall be enforceable unless reduced to writing and signed by both Parties.

COSTS

16.1 Except as otherwise specifically provided herein, each Party will bear and pay its own legal costs and expenses of and incidental to the negotiation, drafting, preparation and implementation of this Agreement.

SIM SUBSCRIPTION AGREEMENT

INTERPRETATION AND PRELIMINARY

The headings of the clauses in this agreement are for the purpose of convenience and reference only and shall not be used in the interpretation. Unless a contrary intention clearly appears:

1.1. words importing:

1.1.1. any one gender include the other two genders;

1.1.2. the singular includes the plural and vice versa;

DEFINITIONS

The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely:

2.1 ‘Agreement’ means the terms and conditions of use set out herein

2.2 ‘Broken period’ means the period reckoned from the commencement date until the end of the month in which the commencement date falls;

2.3 ‘Charges’ means, collectively, the setup fees, monthly charges, usage charges pertaining to the provision of the Services and Products, as specified in the Order procured from www.mintkids.co.za pursuant to Clause 4;

2.4 ‘Commencement date’ means the date of activation of the services subscribed for by the Subscriber/User.

2.5 ‘CPA’ means the Consumer Protection Act, 2008;

2.6 ‘CPA Regulations’ means regulations promulgated pursuant to the CPA from time to time;

2.8 ‘Initial term’ means the number of months specified in the Order. The SIM services will automatically renew monthly, unless the Subscriber/User cancels the services with one calendar months’ notice.

2.9 ‘Migrate’ means the change from one product or service to another similar product or service at the applicable charge;

2.10 ‘Prime rate’ means the publicly quoted basic rate of interest per annum;

2.11 ‘Order’ means the products and/or services contracted by the Subscriber by placing an order on the Mint Kids Website at www.mintkids.co.za. The Order will constitute a formal order and will be subject to the terms and conditions of this Agreement. The Subscriber will be billed monthly for services unless the services are cancelled.

2.12 ‘Services’ means the services supplied by Mint Solutions (Pty) Ltd “Mint” to the Subscriber which is outlined in the Order.

2.13 ‘Subscriber’ means the user/ Subscriber that places an order on the Mint Kids Website at www.mintkids.co.za to receive the products and/or services provided by Mint in terms of this agreement;

2.14 ‘The Company’ means Mint whose registration number is 2020/577902/07, successor-in-title, cessionary or assignee of Mint.

2.15 ‘Supplier(s)’ means any providers of network operators, including but not limited to fixed line operators, cellular operators, wireless operators or any other operator that provides access and network services required to be utilized by Mint in the provision of the services and whose terms and conditions the User/Subscriber accepts; https://www.vodacom.co.za/vodacom/terms/contract-terms-and-conditions and https://www.mtnbusiness.co.za/en/downloads/Pages/Agreements.aspx and Downloads Product Terms and Conditions South Africa (mtnbusiness.co.za)

2.16 ‘Upgrade’ means any upgrade, improvement, expansion or enhancement of the

services in any manner whatsoever;

2.17 ‘VAT’ means the tax levible in terms of the Value Added Tax Act, 1991 as amended;

2.18 ‘Mint Network’ means the network operated by Mint or any of its associated entities; and

2.19 ‘Voice’ means all inbound and outbound voice traffic routed through the Networks, including local, national, international and mobile voice or data calls;

2.20 when any number of days is prescribed in this Agreement, same shall be Business Days reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday in the RSA, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the RSA.

2.21 where any term is defined within the context of any clause in this agreement, the term is so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this agreement, notwithstanding that that term has not been defined in this interpretation clause;

2.22 the expiration or termination of this agreement shall not affect such of the provisions of this agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this;

2.23 any reference in this agreement to a party shall, if such party is liquidated or sequestrated, be applicable also to and binding upon that party’s liquidator or trustee, as the case may be; and in circumstances of the CPA being applicable to this agreement, the provisions of the CPA shall prevail in the event of a conflict between any provision of this agreement and the provisions of the CPA.

APPOINTMENT AND TERM

3.1 The Subscriber/User hereby appoints Mint, which hereby agrees, to provide the Products and/or Services to the subscriber in accordance with the terms and conditions of this Agreement.

3.2 Subject to the provisions of this Agreement, this Agreement shall take effect from the Commencement Date. This Agreement shall automatically renew monthly at the then prevailing Charges of Mint, unless the Subscriber/ User cancels the service giving 1 calendar months’ notice period.

3.3 The Subscriber may terminate this agreement by logging into the Mint Website and cancelling the Order. The Subscriber/User must log into the account registered on the Mint Website www.mintsolutions.co.za and cancel the Order. Any orders not cancelled correctly on the Mint Kids website will not constitute a cancellation.

3.4 Mint may cancel the contract at its discretion at any time due to nonpayment. In the event of a failed or defaulted payment, Mint will do its best to contact the User/Subscriber to try and secure payment or update the payment details registered by the Subscriber on the Mint Website however if no payment is received, Mint reserves the right to terminate the Agreement.

3.6 Should the Subscriber cancel or terminate the Subscription at any time for any reason other than expressly provided for in this Agreement, the Subscriber shall remain liable for all amounts owing to Mint up until the date of termination or cancellation.

3.7 Notwithstanding the provisions of clause 3, notice of termination by the subscriber must be done by logging into the Mint Kids website at www.mintkids.co.za and cancelling the Order for the Subscription. It is the responsibility of the Subscriber to ensure that the Subscription was cancelled effectively and the Subscriber can confirm by reaching out to the Mint Support Team using the Mint support platforms or by sending a mail to support@mintkids.co.za. Any cancellation of the Subscription Agreement not done correctly, shall not be effective for any purposes whatsoever.

CHARGES AND PAYMENT

4.1 In consideration of the provision of the services (including any equipment) by Mint to the Subscriber, the Subscriber shall affect payment to the Company of the charges detailed in the Order.

4.2 The Company shall be entitled, on 30 days’ written notice to the Subscriber, to increase the Charges payable by the Subscriber by the annual percentage change in the Consumer Price Index as published by Statistics South Africa (or its successor-in-title) of if the Networks or Suppliers elect to increase their Charges. In such event the increases to the charges shall be commensurate with the increased costs of providing the services.

4.3 The Subscriber shall affect payment to the Company for the supply and delivery of the Products and Services in full, once an Order is confirmed on the Mint Kids Website. All Services will be billed for monthly in advance.

4.4 It is expressly agreed that the sim cards shall always be and remain the sole and absolute property of Mint Solutions. At no stage during the period of the Agreement or thereafter will the Subscriber or any person on its behalf acquire ownership of the sim card in terms of this Agreement unless special arrangements have been made with Mint and Mint agrees to pass ownership of the sim cards to the Subscriber. On the termination of this Agreement, for any reason whatsoever, the sim card(s) shall be returned to Mint and the Subscriber or any person on its behalf shall not after termination of this Agreement be entitled to retain the possession or use of the sim card(s). The sim cards will be reissued to new Subscribers unless a special arrangement has been agreed in writing by Mint and Mint transfers ownership of the sim card to the Subscriber.

4.5 Any payment not made on the due date in terms of this Agreement shall accrue interest from due date of payment at the prime lending rate of (“Prime”) plus 5%.

4.6 Where payment is made by the Subscriber through a debit order, card payment other electronic means or any other intermediary, the Subscriber’s bankers or other intermediaries shall act as agents and the Subscriber shall have discharged its obligations only upon payment being received by Mint at Mint’s premises or by the bankers of Mint.

4.7 Any migration, upgrade or downgrade shall be subject to Agreement by both parties and payment by the Subscriber of the then prevailing charges of Mint applicable to such services.

4.8 The Subscriber shall be liable for and pay to Mint on demand an amount equal to the aggregate of the amount charged by Mint’s payment partners in respect of any of the subscriber’s payment methods dishonoured by the Subscriber’s bankers plus a penalty equivalent to 50% of that amount.

4.9 The Subscriber agrees to keep all personal information and payment details accurate and updated in their Account on the Mint Solutions Website. All communication and correspondence will be directed to the e-mail address provided by the Subscriber.

4.10 All data consumed will be billed at the rate applicable on the Order. Excess data or Airtime can be purchased at any time by the Subscriber either by purchasing a recharge voucher or by purchasing additional data and airtime via the Subscriber’s internet banking portal. Mint will only provide the data and airtime contracted in the Order. The Subscriber is liable for all data and airtime charges it wishes to add to the existing Order. Mint reserves its right to suspend services in the event of non-payment for data and airtime consumed.

INTELLECTUAL PROPERTY RIGHTS

5.1 All Intellectual Property Rights in the sites, services, processes, manuals, and other documentation connected with the Services of the Company shall remain at all times the property of the Company, unless specifically authorised in this Agreement or in writing by the Company and then only to the extent so authorised, the Customer shall have no right to use the Company’s Intellectual Property in any manner whatsoever.

PRODUCTS AND SERVICES

6.1 Mint will manage the sim cards on the Subscriber’s behalf. Mint uses a sim management platform to monitor and control its sim cards. By subscribing to Mint’s Products and Services, the Subscriber agrees to permit Mint to load the sim cards onto the sim management platform and agrees to provide permission to Mint to access the SIM and related information as supplied by mobile network operators or other providers.

6.3 Mint can provide consumption reporting to the Subscriber for insight and billing purposes. The Subscriber can make this request by contacting Mint’s Support Platforms.

6.4 Mint will supply the Subscriber with sim cards once an Order has been successfully processed. Sims are supplied pre-activated.

6.5 It is the Subscriber’s responsibility to ensure that accurate and complete information is provided to Mint for RICA (or similar Know Your Client (“KYC”) Subscriptions.

6.6 Mint will provide reasonable first-line support via telephone, e-mail or any other customer support channels.

WARRANTIES AND EXCLUSION OF LIABILITY

7.1 Subject to any warranties implied in the CPA (to the extent that the CPA applies to this agreement) and to section 61 of the CPA, Mint shall be exempted from and not be liable to the Subscriber and/or any third party under any circumstances whatsoever for any direct or indirect or consequential damages of any

kind or any loss of profit or special damages of any kind, whether in the contemplation of the parties or not, which the Subscriber and/or any third party may suffer as a result of:

7.1.1 late commissioning or late delivery of sim cards from the Supplier;

7.1.2 non-delivery or disrupted services as a result of the ISP and or Supplier in which Mint has no control;

7.1.3 a delay in providing or repairing the services or the total or partial interruption of the services;

7.1.4 any act or omission by Mint, its servants, agents and sub-contractors and/or any breach of Mint’s obligations in terms of this agreement;

7.1.5 the failure of the services or facility (including without limitation the services offered by any of the suppliers) or the failure of the Internet Censorship Software provided and operated by Mint; or the unlawful or fraudulent accessing by a third party of the subscriber’s telecommunication lines or other telecommunication equipment. In such circumstances, the Subscriber shall remain liable for all charges incurred pursuant to such unlawful or fraudulent access and hereby indemnifies Mint against all loss, liability, damage or expense which either party may suffer as a result thereof.

7.1.6 Notwithstanding any other provisions of this agreement, Mint and the Subscriber’s liability to the other and/or any third party for any damages or loss of whatsoever nature, including without limitation any damages or loss caused by the negligence (but excluding gross negligence) Mint or the Subscriber, as the case may be, or that of its servants, agents and sub-contractors, shall in any event and under all circumstances be limited to an amount equal to the fixed monthly charges payable by the Subscriber for the Subscription.

7.1.7 Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the services are provided, the provision of the services may be interrupted from time to time subject to a notice that will be sent by Mint to all affected parties informing them of such planned or unplanned interruptions, and the Mint, its servants, agents and sub-contractors are exempted from all liability for any loss or damage (whether direct or consequential) and/or for any costs, claims or demands of any nature to the subscriber and/or any third party arising from such suspension.

7.1.8 Mint will be exempted from any liability whatsoever, if the nature of the failure is caused by the supplier’s failure to deliver their service and if the failure is due to a reason out of the direct control of Mint. However, Mint will take all reasonable measures to detect and resolve the failure with the view to repair, re-route or provide a temporary alternative service, if possible, to improve the quality of service. Mint will endeavour to report back to the Subscriber information on the possible cause of the Fault or defect and the remedial action that is being planned.

7.1.9 Subject to any warranties implied in the CPA (to the extent that the CPA applies to this agreement) and section 61 of the CPA, Mint does not make any representations nor, unless expressly given in writing, give any warranty or guarantee of any nature whatsoever in respect of the services or the equipment or their suitability for any intended purpose, whether that purpose is notified to Mint or not. Without derogating from the generality of the foregoing, Mint does not warrant or guarantee that the information transmitted by the use of the services will be preserved or sustained in its entirety, will be suitable for any intended purpose, will be free of inaccuracies or defects or bugs or viruses of any kind, and will not contravene the laws of a particular country.

FORCE MAJUERE

8.1 The Subscriber agrees that Mint will not be responsible for fulfilling its obligations in terms of this Agreement, if it is the result of events beyond its control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, mobile network downtime or technical issues, cloud networking disruptions, shortage of materials, or any other event beyond its control.

DISPUTE RESOLUTION

9.1 Save where otherwise provided in this Agreement, in the event of any dispute or difference arising between the Parties relating to or arising out of this Agreement, including the validity, implementation, execution, interpretation, rectification, termination or cancellation of this Agreement, the Parties shall forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of 14 (fourteen) Business Days, the said dispute or difference shall on written demand by any Party to the dispute be submitted to arbitration in Johannesburg, by a single arbitrator agreed to by the Parties and failing agreement within 10 (ten) Business Days after arbitration has been demanded, the arbitrator shall be appointed, at the request of either Party, by the head of the Arbitration Foundation of Southern Africa (“the Foundation”), in accordance with the rules of the Foundation (“AFSA Rules”).

9.2 The Parties agree that the decision of the arbitrator shall be made on an urgent basis, and shall be final and binding on the Parties to the arbitration and may be made an order of court at the instance of any Party to the arbitration.

9.3 The cost of the arbitration shall be borne by the Parties in accordance with the arbitrator’s decision thereon.

9.4 This clause shall not preclude the Parties from applying to the appropriate division of the High Court for interim or urgent relief which requires such application.

BREACH

10.1 In the event of either Party breaching any of its obligations in terms hereof and remaining in such breach notwithstanding receipt of written notice to it by the non-breaching Party calling upon the breaching Party to remedy such breach within 7 (seven) days of receipt of such notice, the non-breaching Party shall be entitled to cancel the Agreement and/or to claim specific performance of its obligations, and to claim any damages suffered by it as a result of such breaching Party.

DOMICILIUM CITANDI ET EXECUTANDI

11.1 Mint’s domicilium citandi et executandi address for all purposes arising out of this Agreement, including the service of legal process will be 27 Pretoria Street, Oaklands 2192.

11.2 The Subscriber’s domicilium citandi et executandi address for all purposes arising out of this Agreement, including the service of legal process shall be the address specified on the Accounts Page of the Mint Kids Website. It is the sole responsibility of the Subscriber to keep all information truthful, accurate and updated at all times.

11.2 Any Party may at any time change that party’s domicilium address by notice in writing to another or by updating the Account login details on the Mint Kids Website, provided that the new domicilium consists of, or includes, a physical address at which process can be served. Any notice given in connection with the Agreement shall:

11.2.1 be delivered by hand; or

11.2.2 sent by prepaid registered mail; or

11.2.3 be sent by E-mail.

11.3 Notwithstanding anything to the contrary herein a written notice or electronic communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium.

CESSION AND ASSIGNMENT

12.1 The Subscriber shall not be entitled to cede, assign or transfer all or any of its rights and/or obligations in terms of this Agreement without the prior written consent of the Company.

12.2 The Company shall, at any time, be entitled to cede, delegate and/or assign all or any of its rights and obligations in terms of this Agreement to a Third Party and, to the extent required by law, the Subscriber shall be deemed to have consented thereto.

SEVERABILITY

Any condition in the Agreement held to be invalid, illegal or unenforceable shall not affect the remainder of the terms and conditions contained in this Agreement.

VARIATION, CANCELLATION AND WAIVER

No variation or cancellation of this Agreement shall be enforceable unless reduced to writing and signed by both Parties.