1.1 In order to render QMobile profile services to the Client (“You” or “Your”), You agree to these T’s and C’s upon Profile activation of Your QMobile profile by Q-MART (PROPRIETARY) LIMITED (“Q-MART”, “We” ,“Us” or “Our”).

1.2. You must read and understand these T’s and C’s and Your use of Our QMobile profile services will be deemed as Your acceptance of this T’s and C’s.

1.3. It is Your responsibility to decide whether the QMobile profile services is suitable and adequate for Your needs.

2.1 These T’s and C’s applies to You and Q-MART for purposes of Q-MART rendering QMobile profile services to You.

2.2 The RICA Agent must read and understand this QMobile Terms and Conditions which will be read together with the Q-MART RICA policy attached hereto as Annexure B.

3.1. Important clauses, which may limit Our liability or involve some risk for You, may be in bold and italics. You must pay special attention to these clauses.

3.2. In these T’s and C’s defined words will begin with a capital letter and cognate expressions will bear corresponding meanings. Words and expressions set forth below will bear the following meanings:

3.2.1. “Activate” means to allow access to use the Network Services whereby “Profile activation” will not bear the corresponding meaning;

3.2.2. “Applicable laws” means all national, provincial, local, and municipal legislation, regulations, laws, by-laws and/or other laws of any relevant regulatory authority and any other instrument having the force of law as may be issued and in force from time to time related or contemplated to the services set out in these T’s and C’s such as Regulation of Interception of Communications and Provisions of Communication-Related Information Act 70 of 2002 (as amended from time to time) (RICA), the Electronic Communications and Transaction Act 25 of 2002 (as amended from time to time) (ECTA), Protection of Personal Information Act 4 of 2013 (as amended from time to time) (POPIA) and the Promotion of Access to Information Act 2 of 2000 (as amended from time to time) (PAIA). In the event of a conflict of interpretation between these T’s and C’s and the Applicable laws the interpretation that gives effect to the Applicable laws will prevail;

3.2.3. “Client” will be referred to as “You”, “Your” or “RICA Agent” and means a person who makes use of Our QMobile profile services;

3.2.4. “Client information” means any information that relates to the Client which can be reasonably linked to the Client, positively identified with the Client either alone or in combination with any other set of information and which is protected in terms of the applicable data protection legislation and processed in accordance with Q-MART’s relevant data protection policy. Client information includes Sim Card, Identity Document Number, Identity Document type, Name, Surname, Nationality, province, and city;

3.2.5. “Deactivate” means the act by Q-MART which will result in the Client or RICA Agent not having access to their QMobile profile;

3.2.6. “Electronic medium” means QMobile pop ups, short message service or electronic mail;

3.2.7. “Parties” means Q-MART and You collectively referred to as “Parties” and separately as “Party” will mean either one of the Parties as the context may dictate;

3.2.8. “Profile activation” means the back-office process, conducted by Q-MART, whereby the Clients profile is regarded as activated within the context of Q-MART rendering QMobile profile services to You;

3.2.9. “QMobile” means a platform provided by Q-MART to enable QMobile profile services;

3.2.10. “QMobile profile” means Your profile on QMobile including QMobile wallet;

3.2.11. “QMobile profile services” means services provided by Q-MART, as supplied by a third party, to the Client and includes RICA, Airtime, Electricity, QStore, Power Recharge, QAssist, QPay, QVoucher, QMobile wallet, QMoola, and related services provided on QMobile to You;

3.2.12. “QMobile wallet” means the QMobile wallet made available on QMobile;

3.2.13. “Reactivate” means the act by Q-MART which will result in the Client having access to their QMobile profile after the Clients QMobile profile has been Deactivated;

3.2.14. “Recharge Voucher/Token” means a sequence of numbers sent by Q-MART received by the Client through Electronic medium;

3.2.15. “Republic” means the Republic of South Africa and the expression “RSA” shall have a similar meaning;

3.2.16. “T’s and C’s” shall mean these Terms and Conditions in this document, headed Q-MART (PTY) LTD: QMOBILE TERMS AND CONDITIONS;

3.2.17. “Third party services” means services provided by third parties including services provided by Electronic communication service providers or municipalities. Services provided by third parties shall bear the same meaning as Third party services;

3.2.18. Where any number of Days is provided for the doing of any act for any purpose, the reckoning shall exclude the first Day and shall include the last Day. A “Day” means any day other than a Saturday, Sunday, or statutory public holiday in South Africa. Unless the context indicates otherwise, any reference to a number of Days shall be a reference to a continuous period;

3.2.19. No section herein shall be construed against or interpreted to the disadvantage of a Party by reason of such Party having or being deemed to have or has structured, drafted, or introduced such clause;

3.2.20. The use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s; and

3.2.21. These T’s and C’s shall supersede any agreements, arrangements and/or understandings between the Parties relating to matters contemplated in this T’s and C’s.

4.1. Q-MART grants You a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use QMobile, subject to and in accordance with this T’s and C’s. This licence is for the sole purpose for You to use QMobile. No licenses or rights are granted to You by implication or otherwise, except for the licenses and rights expressly granted in these T’s and C’s to You.

4.2. QMobile will comprise of either one of the following different options:

4.2.1. the Mobile Application;

4.2.2. Dealer web, or any other web-based system provided by Q–MART;

4.2.3. registration through the Q-MART website; or

4.2.4. point of contact system transmission.

4.3. The price for any products or services may be amended at any time without prior notice.

4.4. You are not entitled to claim any costs, expenses from Q-MART whatsoever arising directly or indirectly from Your use of QMobile.

5.1. You agree that:

5.1.1. We will open a QMobile wallet for You;

5.1.2. You will supply Us with Client information for Q-MART to do a Profile activation;

5.1.3. We are authorised to verify any information You provide to Us. In the process of verifying the information You have provided to Us, We may request additional information from time to time. If You do not provide Us with the requested information, We may Deactivate Your QMobile profile;

5.1.4. We may debit the QMobile wallet with the amounts of all transactions carried out by You;

5.1.5. You must check the details of Your transaction as You will not have the right to stop any payment we make or are about to make to any third party in respect of any transaction, nor will You have the right to instruct Us to reverse a payment in respect of a transaction that has already been made, except as provided otherwise by law;

5.1.6. You will make use of the QMobile wallet in a manner acceptable to these T’s and C’s as updated from time to time;

5.1.7. We reserve the right to monitor the use of the QMobile wallet for assessing compliance with and adherence to these T’s and C’s and Applicable law;

5.1.8. If You no longer qualify for the QMobile wallet, We have the right to Deactivate your QMobile profile;

5.1.9. You may not cede, assign, or otherwise encumber any of Your rights or obligations in and to the QMobile wallet (including the funds held in the QMobile wallet without Our prior written consent, which consent may be subject to these T’s and C’s stipulated by Us at Our sole discretion;

5.1.10. You authorise Us to accept instruction through Electronic medium; and

5.1.11. After the completion of Your instruction Q-MART will, where applicable, provide You with a Recharge Voucher/Token.

6.1. Each time You use Your QMobile wallet to transact, we will debit or credit Your QMobile Wallet with the amount of the transaction.

6.2. You are liable and irrevocable authorise Us to debit Your QMobile wallet with any fees.

By making use of QMobile you thereby consent to Q-MART’s processing your personal information in accordance with Q-MARTs privacy policy and Applicable laws. You also consent to Q-MART sharing your personal information, to the extent necessary, with Third Party services providers where You make use of such Third-party services on QMobile.

8.1. As soon as You receive Your QMobile profile You must keep Your password safe. You will be able to choose Your own password for Your QMobile profile, and You can change Your password through our QMobile profile services.

8.2. You must take all reasonable steps to prevent any unauthorised use of Your QMobile profile, password, and details related thereto.

8.3. If Your QMobile profile details is compromised, You must contact Us on Our contact details provided in this T’s and C’s.

9.1. You can get a copy of Our fees guide attached hereto as Annexure A, on Our online services or by contacting Us.

9.2. Unless stated otherwise, fees include VAT.

9.3. We review Our fees, as per Annexure A, every year or at any other time. We will give 14 Days’ notice through Electronic medium before any increase in fees becomes effective.

9.4. You may not delay or refuse to pay any amounts due because You have a claim or query about any of the services contemplated in this T’s and C’s.

9.5. Any Q-MART Sim Cards distributed to a RICA Agent older than 120 days from the distribution date is deemed non-commissionable.

Your QMobile wallet transactional history will be initial proof which means a fact presumed to be true until You disprove it (also known in law as prima facie proof).

11.1. You may end these T’s and C’s by following the QMobile profile closure process available from Our QMobile profile services or by contacting us at heldesk@qmart.co.za or WhatsApp Us at 074 388 6786. Closing Your QMobile profile can take up to 5 Days from the date We receive Your instruction.

11.2. If You have pending transactions, they need to clear before You can start the closure.

11.3. You can cash out any credit balance at Your nearest automated teller machine.

11.4. If we discover or suspect fraud on Your QMobile profile, and if the law compels Us to do so, we will suspend Your QMobile profile without notice.

12.1. Your QMobile wallet will become inactive if You make no transactions for 3 months. After the 2nd month of inactivity Q-MART will provide You with notice through Electronic medium of Your inactive Mobile wallet and proceed to debit the QMobile wallet in the third month.

12.2. Q-MART will inform You before Your QMobile wallet becomes inactive If You fail to respond, QMART may:

12.2.1. If You have a credit balance, Q-MART can make the QMobile wallet inactive and Deactivate Your QMobile profile as set out in this T’s and C’s;

12.2.2. If the QMobile wallet has no funds in it, Q-MART can close the QMobile wallet.

12.3. Q-MART is entitled to a monthly Maintenance fee on Your inactive QMobile wallet. The sum of the Maintenance fee will be made available and attached hereto as Annexure A alternatively You can contact Q-MART on the contact details provided in this T’s and C’s.

12.4. You will remain entitled to claim the remaining balance in Your QMobile wallet less the deducted Maintenance Fee upon provided Us with Your Client information for the purposes of Reactivation.

Should You have any enquiries please contact Us at heldesk@qmart.co.za or WhatsApp Us at 074 388 6786.

14.1. Q-MART offers a free notification service with Your QMobile wallet. This QMobile profile service informs You through Electronic medium of any changes to this T’s and C’s.

14.2. Q-MART may provide You with notification through Electronic medium after any activity on Your QMobile wallet.

14.3. If You detect an unauthorised transaction, You must contact Us immediately, to prevent fraud and limit Your potential loss.

14.4. Where unauthorised transactions have been detected, We will have the right to Deactivate Your QMobile wallet.

15.1. Despite commercially reasonable efforts, Q-MART does not warrant that:

15.1.1. Third party services and products available on QMobile contemplated herein will meet Your requirements;

15.1.2. The QMobile profile services nor the services contemplated herein will be uninterrupted, timely or secure;

15.1.3. The notification You receive will be accurate, correct or will arrive at the supplied Electronic medium; and

15.1.4. The notifications You receive will be reconcilable with the activity on Your QMobile profile.

15.2. Q-MART will make every effort to ensure the QMobile profile services and services contemplated herein is available to You. If the QMobile profile services and services contemplated herein is not available due to a factor beyond Our control, We will not be held liable for the unavailability of the QMobile profile services and services contemplated herein.

15.3. Q-MART does not hold a deposit-taking license and thus cannot hold funds on Your behalf which are not the proceeds of payments made by You to purchase goods and service on QMobile.

15.4. The Parties agree that Q-MART will not be held liable for any services provided by third parties as envisaged by this T’s and C’s. All services provided by Q-MART are on an “as is basis” and the Client or RICA Agent is required to ensure the services provided herein are suitable for their needs.

16.1. The warranty period on all device purchases from Q-MART is 12 months.

16.2. The warranty applied on a device starts on the date of purchase, printed on the original invoice or delivery note.

16.3. The warranty of a Client’s device is voided/cancelled if the device is damaged, this includes but not limited to:

16.3.1. Physical damage and/or misuse or abuse, liquid damage, repairs and/or product modifications and alterations that have been executed by unauthorised third parties.

16.3.2. Alteration of the IMEI number on Your device, whether it has been deleted, removed, made illegible, or if the internal data of Your device does not comply with the proof of purchase.

16.3.3. Failing to properly follow the installation process and instructions for use, or if You use products or accessories that are not compatible with Your device, such as generic accessories and other contaminated auxiliary devices.

17.1. Only devices purchased from Q-MART will be accepted for OBF.

17.2. The handset is subject to an evaluation by Q-MART before it will be deemed an OBF.

17.3. The original invoice (proof of purchase) as received at the point of sale must be supplied.

17.4. The IMEI number of the device must be the same as the one provided by Q-MART on initial purchase.

17.5. The IMEI number on the box must match the IMEI number on the device.

17.6. The handset must not have any physical or liquid damage.

17.7. Any handset returned must be returned in the original box with all the original accessories including manuals.

17.8. The Client must return the device within 7 Days of purchase.

17.9. All devices will be assessed by Q-MART’s repairs technician for any faults reported by the Client before being exchanged.

17.10. If the above requirements are met, Q-MART will swap the device for the same make and model.

17.11. If a replacement cannot be offered, the purchase price of the device(s) will be returned in 72 hours.

17.12. Physical and liquid damaged devices will be rejected and/or returned to the Client.

17.13. After 7 Days of purchase, the damaged device must be submitted to Your nearest relevant network service provider for repairs.

18.1. Q-MART Couriers (1 – 5 Days) is subject to stock availability and only applies to items accordingly identified.

18.2. Orders placed on a Friday will only be dispatched/released on the following Monday or Tuesday.

18.3. In the case of a mixed basket, Our standard delivery of 5-7 Days will apply.

18.4. We can only deliver items to physical addresses within the borders of the Republic of South Africa.

18.5. Standard deliveries will be made within 3-7 Days upon acceptance of Your order.

18.6. Once You have indicated Your address and You have received confirmation of Your order, no changes to the specified address and/or delivery option will be accepted. Additional courier charges will apply if found that You have given Us the incorrect delivery address.

18.7. We reserve the right to arrange alternative delivery methods and timelines if Your delivery address is remote or to cancel the order if delivery is not feasible.

18.8. Before You finalize Your order, You have the option to indicate in the “Notes” field whether the item should be delivered to You OR You can specify an alternative authorised person’s name to receive it on Your behalf (“Receiving person”). The Receiving person will be required to show proof of identification to the courier upon delivery.

18.9. In order to safeguard Your purchase, the courier will only deliver to the specified address and to the Receiving person.

18.10. The Receiving person will be requested by the courier to sign the waybill indicating that the item has been received undamaged and in good condition.

18.11. In the unlikely event that the item is damaged and/or the security seal is broken, then the Receiving person can either:

18.11.1. Check the item in the presence of the courier and indicate on the courier’s waybill (delivery documentation) whether there are any:

18.11.1.1. breakages, and/or

18.11.1.2. damages and/or

18.11.1.3. items missing.

Both parties (the courier and the person receiving) will need to sign their names against this indication. If the receiving person chooses to still accept the damaged item, the waybill will reflect that a damaged item was received and accepted.

18.12. Alternatively, the Receiving person can send the item back and indicate on the waybill the reasons for sending the item back. Both parties will need to sign their names for this election.

18.13. Q-MART reserves the right to refuse to service or cancel orders at its sole discretion.

19.1. The Client must provide the order reference to a call centre agent, for the order that the Client requires to be cancelled or for a refund to processed.

19.2. A call centre agent will ask for reasons of order cancellation for record purposes and will proceed with cancellation and process a refund if approved by management.

19.3. The order will be updated to be cancelled and refunded.

19.4. When a cancellation occurs, it will take 1 – 7 Days to refund into the Clients QMobile wallet.

19.5. When the funds are reversed into the Clients QMobile wallet, a call centre agent will contact the Client to confirm the reversal.

20.1. If You are dissatisfied with an item purchased from Our QStore You may request a return within 5 days for a refund, replacement or exchange provided that the conditions set out below has been satisfied.

20.2. We will exchange or refund a product provided that:

20.2.1. there is valid proof of purchase, i.e., Q-MART Tax Invoice

20.2.2. it is in its original packaging or condition, i.e., the security seal or shrink wrap is intact (if applicable), product is unworn and unused.

20.2.3. All refunds are processed strictly in accordance with the original sales tender type and only after confirmation that the funds were received in the Clients QMobile wallet.

20.2.4. Please note that the cost of couriering the product back to Our QStore shall be incurred by the Client. The address details are as follows: Attention : QStore Unit 7 Future Insight Crescent 7 Stevenson Nook Road Hennops Park Centurion, 0157

21.1. The price You see is the price You pay.

21.2. The price for any products or services may be amended at any time without prior notice.

21.3. All prices published on the QStore is VAT inclusive.

22.1. Certain content available on or through the Q-MART website or QMobile may have links to information or content from other parties. We are not responsible for any of this information. If We give You a link to any other information, person, or business, it does not mean that We have checked or approved of them, or any content featured on websites that are accessed through them.

22.2. You acknowledge that We are not responsible or liable for the following (including its accuracy or correctness):

22.2.1. All content belonging to third parties that are accessed on or through the Q-MART website or QMobile; and/or

22.2.2. All content featured on the third parties that are accessed through links found on or through the Q-MART website or QMobile.

22.3. We do not give any guarantee about third party websites, software, or hardware, including their security or performance.

23.1. You may terminate this agreement at any time by contacting Q-MART at the contact details provided in above.

23.2. Q-MART may freeze, suspend, modify, or restrict Your QMobile profile or terminate any ancillary agreements to this Term and Conditions immediately at any time with prior notice to You.

24.1. Q–MART reserves the right to claim from You payment of legal fees incurred by Q-MART for Your breach of these T’s and C’s and ancillary agreements hereto.

24.2. Nothing contained in these T’s and C’s shall be construed to limit Q-MART’s claim in law.

24.3. Q-MART reserves the right to change or modify Content, materials or information appearing on or in connection with these T’s and C’s at any time with or without notice. Q-MART may at any time revise this T’s and C’s. You are required to familiarise Yourself with any revised versions made available on QMobile or upon request to Q-MART.

24.4. Your continued use of the QMobile profile services will be seen as Your acceptance to any changes to this T’s and C’s.

25.1. These T’s and C’s shall be governed by the laws of the Republic of South Africa and the Parties consent to the exclusive jurisdiction of Pretoria High Court or the Magistrate Court, as the context may dictate, over any matter emanating from this T’s and C’s. The Parties choose as domicilium citandi et executandi (“domicilium”) and for delivery of all notices arising out of this Agreement these addresses: Q-MART: Address: Hello House Building 12, Centurion Gate Business Park 124 Akkerboom Street Centurion The Client: All the contact details provided in the Client information.

25.2. The provisions of this section will survive any termination or expiration of these T’s and C’s and shall apply indefinitely.

Should You commit a breach of the provision of these T’s and C’s and fail to remedy that breach within 7 Days of receipt of written notice to do so by Q-MART (the “aggrieved party”) then the aggrieved party shall be entitled to terminate these T’s and C’s and ancillary agreements hereto forthwith by notice in writing to the other Party. The rights of termination accorded to the aggrieved party shall, subject to any limitations set out in this clause, be in addition to and without prejudice to its rights under these T’s and C’s and/or its rights at common law including the right to claim damages.

We will not be liable to You for any indirect or consequential losses, claims, liabilities, damages, losses, fines, penalties, and expenses (including, but not limited to, legal and other professional fees, loss of profit, revenue, anticipated savings, business transactions, goodwill, or other contracts, whether arising from negligence or breach of this T’s and C’s) arising from any obligation in terms of the T’s and C’s.

28.1. If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under these T’s and C’s and ancillary agreements hereto by any cause beyond the reasonable control of that Party, including, without limitations, acts of God, civil commotion, riots, insurrection, acts of government, fire, explosion, the elements, epidemics, governmental embargoes or like causes (“force majeure”), the Party so affected shall, to the extent so prevented, be relieved of its obligations, under these T’s and C’s and ancillary agreements hereto, during the period of such events and shall not be liable for any delay or failure in the performance of any obligations ,under these T’s and C’s and ancillary agreements hereto, or loss or damage either general, special or consequential which the other Party may suffer due to or resulting from such delay or failure; provided a written notice of the occurrence constituting a force majeure event shall be given within 24 hours by the affected Party.

28.2. The Parties agree that, should a force majeure event last more than 60 Days, the Party who has not invoked force majeure to excuse any non-performance of its obligations may terminate any ancillary agreements to this T’s and C’s, thereby terminating the legal relationship between the Parties, by giving the other Party 10 Days’ written notice.

29.1. No latitude, extension of time or other indulgence which may be given or allowed by Q-MART to You will in any way prejudice or operate to preclude Q-MART from enforcing any of its rights in the future without notice, requiring strict and punctual compliance with each section of this T’s and C’s.

29.2. In the event of any one or more of the sections contained in these T’s and C’s being unenforceable, illegal, void, or contrary to public T’s and C’s, same will be deemed severable from the remainder of this T’s and C’s, which will nevertheless be binding and enforceable.

29.3. Registration of Your QMobile wallet will give effect to this T’s and C’s. These T’s and C’s and any other related documents shall be regarded as concluded within the jurisdiction of Q–MART’s registered place of business.

29.4. Your continued use of the QMobile profile or registration of QMobile profile will be seen as Your acceptance to any changes to this T’s and C’s.

29.5. The provisions of clause 3, 4, 5, 8, 9, 11, 14, 21, 23, 24, 26 and 28 will survive any termination or expiration of these T’s and C’s and shall apply indefinitely.