Effective 30-04-2023
Welcome to the myGateway Mobile Application (“App”)
operated by DMS (“we”, “our”, “us”)!
Introduction
The Terms of Use (“Terms”) govern all use of our App, and together with the Privacy Policy & the Disclaimer, constitutes your agreements with us (“Agreement”).
You acknowledge that you have read and understood the Agreement, and agree to be bound by them. If you do not agree with (or cannot comply with) the Agreement, then you may not use the App.
Currently the App is only intended to be used within the borders of Namibia. The App provides users with various functionality, amongst them the option myDeals where users can purchase a wide variety of products and services.
We may amend this Agreement or any part thereof at any time by posting the amended agreement on the App. It is your responsibility to review this Agreement periodically, and by continued use of the App, you accept and agree to the changes, as they are binding on you.
Should you have any questions or requests, please contact us at mygateway@dymoso.com.
TERMS OF USE
1. Prohibited Uses
You may use the App only for lawful purposes and in accordance with the Terms. You agree not to use the App:
1.1. In any way that violates any applicable national or international law or regulation;
1.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
1.3. To impersonate or attempt to impersonate DMS, a DMS employee, another user, or any other person or entity;
1.4. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
1.5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm or offend DMS or users of the App or expose them to liability;
1.6. Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App;
1.7. Take any action that may damage or falsify the App’s rating;
1.8. Otherwise attempt to interfere with the proper working of the App.
2. No Use By Minors
The App is intended only for access and use by individuals at least thirteen (13) years old. By accessing or using the App, you warrant and represent that you are at least thirteen (13) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least thirteen (13) years old, you are prohibited from both the access and usage of the App.
3. Accounts
When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the App.
You are responsible for maintaining the confidentiality of your account, including but not limited to the restriction of access to your computer and/or mobile device and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
4. Intellectual Property
The App and its content, features and functionality are and will remain the exclusive property of DMS. The App is protected by copyright, trademark, and other laws of Namibia and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of DMS.
5. Purchases, Payments, Refunds and Deliveries
5.1 Card Information and Representation
If you wish to purchase or pay for any product or service made available through the App (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, but not limited to, your credit or debit card number and the expiration date of your card.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
5.2 Payment Options Accepted
Payment may be made via Visa and MasterCard.
5.3 Card Acquiring and Security
Card transactions will be acquired for DMS via DPO Group who are the approved payment gateway for all Namibian Acquiring Banks. DPO uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored in the App.
5.4 Customer Details separate from Dard Details
Customer details will be stored by DMS separately from card details which are entered by the client on DPO’s secure site.
5.5 Merchant Outlet Country and Transaction Surrency
The merchant outlet country at the time of presenting payment options to the cardholder is Namibia. Transaction currency is Namibian Dollar (NAD).
5.6 Responsibility
DMS takes responsibility for all aspects relating to the transaction including sale of goods and services sold via this App, customer service and support, and dispute resolution.
5.7 Deliveries
Neither the App nor the suppliers on the App are responsible for the delivery of purchased products. All products must be collected from the supplier by yourself.
5.8 Right to Cancel
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons, if fraud or an unauthorized or illegal transaction is suspected.
If no fraud or an unauthorized or illegal transaction is suspected, you will receive a full refund.
5.9 Customer Satisfaction
While DMS vets 3rd party suppliers of products and/or services available via the App, DMS does not guarantee customer satisfaction of Purchased products or services, and neither does DMS assume any responsibility or liability for any possible defects and/or complaints. Any complaints and/or claims and/or refunds must be directed by the User to the supplier.
5.10 Refunds
Once a product or service has been ordered through the App, and the transaction is completed, no refunds or cancellations will be allowed. Should the supplier not have the ordered item available, you may choose another item of the same or lesser value at no refund for the difference in price, or of a greater value at your own additional cost.
6. my$perView Option
6.1 When you enable this option you agree to receive marketing messages by independent third-parties on a 'Pay-per-View' basis, meaning you will be renumerated for viewing the messages in this option.
6.2 The renumeration will vary and is determined by the third-party sending you the message.
6.3 The renumeration will be settled to your Wallet in the App.
6.4 DMS assumes no responsibility for the content of these messages, nor for the goods and/or services that may be mentioned and/or advertised. Your possible purchase and/or use of these goods and/or services via/from the third-party is solely at your discretion, and completely at your own risk.
6.5 You can enable and disable this option at any time.
7. Communications
By using our App, you agree to subscribe to marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by replying “STOP” to any message, or updating your Settings.
8. Contests and Promotions
Any contests or other promotions (collectively, “Promotions”) made available through the App may be governed by rules that are separate from the Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with the Terms, Promotion rules will apply.
9. Links To Other Web Sites
Our App may contain links to third party web sites or services that are not owned or controlled by DMS.
DMS has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that DMS shall not be responsible or liable, directly or indirectly, for and samage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods, or services available on or through any such third-party web sites or services.
We strongly advise you to read the Terms of Service and Privacy Policies of any third-party web sites or services that you visit.
10. Limitation Of Liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any direct or indirect, punitive, special, incidental, or consequential damage, however it arises, including without limitation any claim for personal injury or property damage, arising from this Agreement and any violation by you of any local laws, statutes, rules, or regulations.
Except as prohibited by law, if there is liability found on the part of DMS, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.
11. Termination
We may terminate or suspend your account and bar access to the App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the App by De-Activating your account.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Changes To The App
We reserve the right to withdraw or amend our App, and any service or material we provide via the App, in our sole discretion without notice. We will not be liable if for any reason if all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, or to users.
13. Waiver And Severability
No waiver by DMS of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DMS to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
14. Acknowledgement
By using the App or other services provided by us, you acknowledge that you have read this Agreement and agree to bound the Agreement.
15. Governing Law
These Terms shall be governed and construed in accordance with the laws of Namibia, which governing law applies to the Agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our App and supersede and replace any prior agreements you might have had with us regarding the App.
16. Country of domicile
This App is governed by the laws of Namibia. DMS chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, as PO Box 92101, Windhoek, Namibia.
17. DMS/the App contact details
Unit 19, The Village
Liliencron Street
Windhoek
Namibia
PRIVACY POLICY
1. Introduction
Our Privacy Policy governs your use of the App, and explains how we collect, safeguard and disclose information that results from your use of our App.
We use your data to provide and improve the App and the App’s associated services and/or products. By using the App, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Use.
2. Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to, Cell Number, Name, Surname, Gender, Town, and Suburb.
We may use your Personal Data to contact you with marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by replying “STOP” to any message, or updating your Settings.
DMS shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.lawsofsouthafrica.up.ac.za/index.php/current-legislation.
3. Cookies
In an attempt to protect your privacy, the App does not make use of third-party code and libraries that may collect your information in the form of Cookies.
4. Retention of Data
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
5. Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
6. Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
7. Children’s Privacy
Our Services are not intended for use by children under the age of 13 (“Child” or “Children”).
We do not knowingly collect personally identifiable information from Children under 13. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
DISCLAIMER
1. Disclaimer Of Warranty
THE APP AND ITS SERVICES AND/OR PRODUCTS ARE PROVIDED BY DMS ON AN “AS IS” AND “AS AVAILABLE” BASIS. DMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER DMS NOR ANY PERSON ASSOCIATED WITH DMS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER DMS NOR ANYONE ASSOCIATED WITH DMS REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
DMS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE APP OR RELIANCE ON ANY INFORMATION PROVIDED ON THE APP. YOUR USE OF THE APP AND YOUR RELIANCE ON ANY INFORMATION ON THE APP IS SOLELY AT YOUR OWN RISK.
2. ERRORS AND OMISSIONS DISCLAIMER
While we have made every attempt to ensure that the information contained in this App has been obtained from reliable sources, DMS is not responsible for any errors or omissions or for the results obtained from the use of this information. All information in this App is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose.
In no event will DMS, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this App or for any consequential, special or similar damages, even if advised of the possibility of such damages.
3. LOGOS AND TRADEMARKS DISCLAIMER
All logos and trademarks of third parties referenced on the App are the trademarks and logos of their respective owners. Any inclusion of such trademarks or logos does not imply or constitute any approval, endorsement or sponsorship of DMS by such owners.