LEGAL & PRIVACY POLICY
Privacy & Security
SENTI PAY (PTY) LTD TERMS OF USE (at date of 5 December 2020).
PLEASE READ THIS END-USER AGREEMENT WITH UTMOST IMPORTANCE. BY MAKING USE OF THE SENTI PAY (PTY) LTD (2020/595586/07 ) (“SENTI PAY”) WEBSITE (THE “SITE” OR “WEBSITE” ) AND ANY OF THE SENTI PAY OWNED APPLICATIONS (THE “APP’S” OR “APP”), YOU (THE “USER”) ARE STIPULATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT AS PER THE POINTS SET OUT BELOW.
A1. The end-user agreement as displayed may be changed without notice or any prior announcements to the user or any party. Such change to the agreement will be published on the Senti Pay official website, and as you use the website, this site and the App’s after any changes have taken place constitutes your acceptance of the new end-user agreement and its terms and conditions.
A2. No failure, delay or irresponse by Senti Pay to exercise any of its rights will be assumed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of this end-user agreement or unfairly disadvantage our right to take subsequent action against the user for any breach against Senti Pay
A3. This end-user agreement applies exclusively to your access to, and use of the website, this Site and App’s and does not change in any way, the terms or conditions of any other agreement you agree to partake with Senti Pay for products, partnerships, affiliates, services or any other business reasons.
A4. You hereby confirm and declare that you are entering into this business relationship for the purpose of accessing services that relate to the cryptocurrency coins available on Senti Pay and any features available to the user as a Senti Pay user.
A5. Senti Pay cannot inspect or edit all the information available from the Senti Pay site and does not accept any liability for illegal, defamatory or obscene content. Users should take full precaution and are also allowed to inform Senti Pay of any content that may be offensive, illegal or misleading
PRIVACY POLICY
B1. Senti Pay is aware of users concerns over privacy and always ensures adequate protecton over user privacy. Users of this Site and App’s should refer to our Privacy Policy for information pertaining to how Senti Pay uses and collects information.
3. COPYRIGHT
3.1 Copyright 2020 © Senti Pay, South Africa. All rights not expressly granted, are reserved. To obtain permission for the commercial use or partnership of any content on this site contact Senti Pay directly per their business email. All information shared is confidential and property of Senti Pay pty Ltd.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Confidential and proprietary to Senti Pay (Pty) Ltd. with registration number: 2020/595586 /07. All the information, trademarks, content and data on this website and App’s, including but not limited to, architecture, databases, design, software, text, graphics, icons, private information, logos, colour scheme and agreements, are the property of, owned by or are licensed to Senti Pay and as such are protected from infringement by local and global legislation and rulings.
5. LICENSES AND SITE ACCESS
5.1 Senti Pay grants you a limited license to make use of the Site and App’s. Such grant does not include, without limitation: (1) any sale or resale of the Site, App’s or content contained; (2) Any use of any description or listings per se; (3) making a copy of the Site, App’s and its contents; or (4) use of any data mining, bots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any license or right by implication, estoppel or otherwise in or under any trademark, patent, copyright or proprietary right of Senti Pay or any third party.
5.2 You may not use, frame or utilize framing techniques to enclose any Senti Pay trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without the express written consent of Senti Pay. All information displayed on the Senti Pay site or app is confidential. Further, you may not use any meta tags or any other “hidden text” utilizing a Senti Pay name, trademark or product name without the express written consent of Senti Pay.
6. MARKETING COLLATERAL
6.1 Senti Pay accepts no responsibility for, the quality, content, nature or reliability of sites accessible by link from this Site or App’s, or sites linking to this Site or App’s. The linked sites are not controlled or supervised by Senti Pay and Senti Pay is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites that may occur at any time. When leaving the Senti Pay site or App’s, you should be aware that Senti Pay’s terms and policies no longer govern, and therefore you should read the applicable terms and policies, including privacy and data-gathering practices, of that site in detail to ensure no losses or damage is caused to you.
6.2 You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not depict Senti Pay or any of its products and services in a false, misleading, derogatory, unethical or otherwise negatively publicized manner or image. You may not bad mouth Senti Pay falsely or based on incorrect findings. You may not use a Senti Pay logo or other proprietary graphic or trademark of Senti Pay to link to this Site without the express written consent of Senti Pay. This limited right may be canceled at any time.
USER CONDUCT
7.1 As a user of this Site, App’s and any other partners, products or services offered by Senti Pay you agree to:
7.1.1 Not to disrupt or interfere with the security of, or otherwise abuse, the Site, the App’s or any products, services, system resources, accounts, servers, correspondence or networks connected to or accessible through the Site, App’s or affiliated or linked websites;
7.1.2 Not use the website or App’s in any way 1that is in violation of any applicable law or regulation that could cause any breach or violation against this regulation or applicable law.
7.1.3 Not to upload, post or otherwise transmit through or on this Site and App’s any viruses or other harmful or destructive files which could cause harm.
7.1.4 Not to breach, or attempt to contravene the security of Senti Pay. Contravention or violation of system or network security may result in civil or criminal liability. Senti Pay has a right to investigate any occurrence or instances, which may involve such violations and may involve law enforcement authorities in prosecuting users who partake in such contraventions and violations
7.2 Lastly, you agree that you are solely responsible for actions and communications performed under your account (if applicable), and thus you will comply with all applicable local, national and international laws and regulations in this regard.
INDEMNIFICATION
8.1 You are liable for the content of any messages or other information you upload, send or communicate to and with Senti Pay. You agree to indemnify and hold harmless Senti Pay from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your breach of this end-user agreement, or your breach of any rights of a third party.
LIMITATION OF LIABILITY
SENTI PAY SHALL HAVE NO LIABILITY TO YOU IN RELATION WITH ANY PRODUCT, SERVICE OR OTHERWISE, BOUGHT OR USED AS A RESULT OF THE USE OF THIS SITE OR APP. IT IS EXPRESSLY UNDERSTOOD THAT THE USER IS AWARE THAT SENTI PAY PROVIDES A SERVICE TO BRING THE BUYER AND SELLER OR SERVICE OFFERER AND SERVICE CONSUMER TOGETHER, AND THEREFORE ACCEPTS NO RESPONSIBILITY FOR THE STANDARD AND EXPECTATION OF A PRODUCT PURCHASED, SERVICE USED, OR OTHERWISE, AS A RESULT OF THE USE OF THIS SITE OR APP.
THERE SHALL BE UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION OF NEGLIGENCE, SHALL SENTI PAY OR ITS PARENTS, PARTNERS, SUBSIDIARIES, INVESTOR’S, AFFILIATES, MEMBERS, DIRECTORS, EMPLOYEES, CREDITORS OR ANY OTHER STAKEHOLDER INVOLVED IN THE CREATION, PRODUCTION OPERATIONS, OR DISTRIBUTION OF SENTI PAY BE LIABLE FOR ANY DIRECT, INDIRECT INCIDENTAL, UNIQUE, SPECIFIC, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE USE OR NON USAGE OF SENTI PAY BY A USER OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, INCORRECT DETAILS ENTERED FOR A TRANSACTION, DATA OR OTHER ASSETS, EVEN IF SENTI PAY HAS BEEN ADVISED OF THE PROBABLE HAPPENING OF SUCH DAMAGES OR EVENTS OCCURRING.
SENTI PAY SHALL HAVE NO LIABILITY TO A USER OR YOU IN CONNECTION WITH ANY ACTIONS OR TRANSACTIONS BY AN INDIVIDUAL THAT USES YOUR USER CREDENTIALS WITH YOUR CONSENT OR KNOWLEDGE
Senti Pay will not be liable for any events out of their control whether natural or man made or where the liability relates to a third-party.
Senti Pay holds no liability for any fraud, illegality, fake or incorrect information provided by Users of the Service in any use case. Based on Senti Pay’s terms of use any cryptocurrency purchased, sent or sold off fraudulently by any User, or by using any other means of fake or incorrect agreements, illegality, theft of identity, or any falsity. Senti Pay cannot be held liable for purchases, transfers or sales of all cryptocurrency made fraudulently indirectly or directly through usage of Senti Pay by the scammer, user or any other persons who benefitted. Senti Pay is not able to block or reverse payments made from any bank account. Senti Pay uses the assumption that the User making the purchase or sale, does so using their own bank account details and not another person’s bank account which is not the assumption in this case. If a person’s bank account credentials have been overriden by any other person, and they have been defrauded, that is to be resolved between the bank and their customer and not Senti Pay. Lastly , and with regard to the national payments rules, EFT’s are treated as irrevocable by Senti Pay.
The terms and conditions that relate to any products or services made available on this site, app`s or pages shall be governed in accordance with the laws of the Republic of South Africa (as well as any interpretations).
In the event of any breach of the terms of use the user shall reimburse Senti Pay for all legal fees and any other costs incurred in the legal proceedings incurred on behalf of Senti Pay.
Senti Pay holds the full right to terminate a user’s license to use this site, app or pages and a user can be blocked immediately by Senti Pay in the case of any necessity.
TERMS
The terms “The User” and “You” are used interchangeably and refer to all users accessing this web site or app for any reason.
The terms “Senti Pay ” and “we” or “App ‘s” or “site” are used interchangeably and refer to Senti Pay itself and stakeholders of Senti Pay
SMILED ID KYC USAGE AND CONSENT
Senti Pay and any user hereby gives full consent to Smile ID to conduct an information search and various information identification verifications on the Senti Pay partner and its users.
Senti Pay and its users hereby give full consent to Smile ID and its verification supplier/s to forward their image and any personal information to verification suppliers, information suppliers and third parties acting on behalf of Smile ID to verify information which includes but is not limited to qualification, certification, background screening, driver’s license validation, passport validation, identity verification, image comparison and any other personal information required to validate, verify and confirm information using the Smile ID system, database and software to obtain all required data and information.
Senti Pay and all its users hereby understand and agree that this consent and indemnity declaration will remain valid indefinitely for all current and future personal and verification requests, screening, validation and confirmation of information regarding the Partner and its customers and that Smile ID may host such information on its systems and databases.
Any images uploaded in relation to a users image for verification purposes may be stored within the database of Senti Pay for information purposes and usage if there is a reason needed by any regulatory board or court in any legal proceedings.
EMAIL COMMUNICATION
9. Communication made via the internet cannot be guaranteed to be secure or free from error. Neither Senti Pay nor the sender accepts liability for any errors or omissions in the contents of messages which arise as a result of email transmission. Also take note that emails can possibly contain viruses and that the user is fully responsible for inspecting and deleting viruses. There will no case where Senti Pay or the sender will be liable to anyone for any indirect, unique or direct damages arising from the communication of email messages, the opening of email messages and their attachments, or any use thereof whatsoever or in association with such email communication.
Senti Pay does not authorize any employee to enter into or conclude a binding agreement on behalf of Senti Pay by email communication without any express written consent and confirmation by a director of Senti Pay. None of the information sent within the email communication should be assumed as a legally binding agreement or an offer to contract.
FEES
You understand that Senti Pay may charge fees for the use of any of the services it provides. These fees will be published on the website, Site or App’s and may change at any time. Your acceptance of this agreement indicates your acceptance of these fees and any change to these fees which may occur at any given time as well as the payment of such fees by the user while performing the relevant services.
10.SUBMISSIONS
10.1 You agree that any materials, including but not limited to questionnaires, polls, competitions, questions, suggestions, ideas, plans, innovations, notes, drawings, creative materials or other information, provided by you in the form of email or submitted to Senti Pay, or postings on this Site or App’s, are non-confidential and shall become the sole property of Senti Pay. Senti Pay will become the sole owner of these exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment, compensation or confirmation to or from you. The submission of any materials to Senti Pay irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
11. DEPOSITS AND BALANCES
11.1 You acknowledge that Senti Pay does not perform the business of a bank or hold a deposit-taking license (a bank license as per the legislation) . All cryptocurrency balances displayed in the App’s are not deposits.
12. PROHIBITED TRANSACTIONS
12. 1 You agree to not use the App’s, Sites or website to accept payment for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties or involve any fraudulent activities.
12.2 You will cooperate fully with Senti Pay to investigate any suspected unlawful, fraudulent or improper activity.
12. 3You acknowledge that Senti Pay will provide necessary information, documentation and data to regulatory authorities as requested by them to enable them to investigate suspicious transactions and to reach a conclusion without any doubt
12.4 You will not use the App’s, the Senti Pay website or any of the services offered therein for any unlawful or fraudulent activity. If Senti Pay has a reason to believe that you are involved in any fraudulent, unlawful, or improper conduct or actions, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated.
12.5 You agree not to impersonate another Senti Pay user in order to acquire their account or account credentials.
12.6 You acknowledge that all cryptocurrencys available on Senti Pay is not regulated by the Financial Services Board, and is not regarded as a Financial Market Security as defined in the relevant Acts. You are encouraged to seek advice from a qualified Financial Advisor with regard to purchasing, holding or receiving all the cryptocurrencys held on Senti Pay, and it is declared by you that Senti Pay is not providing advice or intermediary services in regard to any investment decisions that should be undertaken by you or that shall affect you financially.
SECURITY
Senti Pay does not hold the Private Keys of the cryptocurrency addresses that are used in the Senti Pay App’s. The user needs to ensure adequate responsibility and acts are taken to protect the security of these cryptographic keys, and to not disclose their Pin code or display their private keys to any User. The responsibility on the user will include backing up their 12-word mnemonic seed phrase as well as the PIN code used by the user when registering or logging in to the App’s, Wallet or services. The User is solely liable and responsible for safekeeping of the Private Keys and Mnemonic seed phrase and PIN code of their wallet or account, and therefore Senti Pay will not be held liable for any losses in relation to a user’s mnemonic seed phrase, pin code or private keys or addresses and any financial losses suffered caused by such loss or users negligence in any other case.
DISCLAIMER OF WARRANT
YOU CLEARLY UNDERSTAND AND AGREE THAT THIS SITE, APP’S AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND APP’S IS AT YOUR SOLE RISK AND LOSS.
SENTI PAY DOES NOT TAKE ANY RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANY DATA FROM NONDELIVERIES OF CONTENT OR EMAIL, DELAYS, SYSTEM MALFUNCTIONS, SYSTEM DOWN TIME, INCORRECT DELIVERY OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF SENTI PAY, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS OR OMISSIONS AS WELL AS ANY CHANGES TO REGULATIONS WITHIN ANY JURISDICTION OF A USER
SENTI PAY DOES NOT GIVE ANY GAURENTEES IN TERMS OF THE CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE OR APP’S THAT WILL BE MAINTAINED HOWEVER USER CONFIDENTIALITY IS PRIORITIZED HIGHLY BY SENTI PAY AT ALL TIMES.
YOU EXPRESSLY AGREE THAT USING THIS SITE, AND APP INCLUDING ALL CONTENT, DATA, ARCHITECTURE OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR MADE AVAILABLE TO THE USER FROM OR THROUGH THIS SITE AND APP’S, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT IF ANY DAMAGE OR LOSS TO YOUR BUSINESS OR DEVICE OR LOSS OF CRITICAL INFORMATION THROUGH USAGE OF SUCH SOFTWARE OR DATA OCCURS YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS.
SENTI PAY DOES NOT PROVIDE ANY WARRANTY THAT THIS SITE OR APP’S OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE SITE, APP’S OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SENTI PAY DOES NOT PROVIDE ANY GAURENTEES THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY SENTI PAY VIA EMAIL COMMUNICATION OR OTHER MEANS, ARE ACCURATE, COMPLETE, VALID , RELIABLE, CURRENT OR ERROR-FREE. NOR DOES SENTI PAY MAKE ANY WARRANTY AS TO CERTAIN OUTCOMES THAT MAY BE OBTAINED FROM USE OF SENTI PAY OR ANY INFORMATION DISPLAYED OR AS TO THE ACCURACY, COMPLETENESS, VALIDITY OR RELIABILITY OF ANY INFORMATION GAINED BY A USER OF THIS SITE.