THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY TO ALL USERS OF THE YEIGO WEBSITE, YEIGO SOFTWARE AND SERVICES AND ANY SYSTEMS, SERVERS, DEVICES, MOBILE APPLICATIONS OR OTHER ITEMS PROVIDED BY YEIGO. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE YEIGO WEBSITE NOR DOWNLOAD, INSTALL OR USE YEIGO SOFTWARE OR ANY UPGRADE THERETO NOR MAKE USE OF ANY YEIGO SERVICES.

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY CHECKING THE BOX MARKED "ACCEPT" OR "CONTINUE" BUTTON OR LINK (OR EQUIVALENT), OR BY PROCEEDING TO DOWNLOAD, INSTALL OR USE THE YEIGO SOFTWARE (THE "SOFTWARE") OR ANY UPGRADE THERETO, OR BY PURCHASING YEIGO CREDIT OR USING ANY YEIGO SERVICE, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS OF THE DATE YOU CHECK SUCH BOX OR LINK, OR DOWNLOAD, INSTALL OR USE THE SOFTWARE OR ANY UPGRADE THERETO, PURCHASE YEIGO CREDIT OR USE ANY YEIGO SERVICE.

YOUR ATTENTION IS DRAWN TO THE WARRANTIES AND INDEMNITIES PROVIDED IN THIS AGREEMENT AS WELL AS THE LIMITATIONS ON LIABILITY.

If you reside in a jurisdiction which restricts the ability to enter into agreements such as this according to age and you are in such a jurisdiction and under such age limit, you may not enter into these terms and download, install or use the Software. Furthermore, if you reside in a jurisdiction where it is forbidden by law to offer or use software for VOIP telephony, you may not enter into these terms and you may not download, install or use the Software. By entering into this Agreement you verify that your use of the Software is allowed.

This Agreement is entered into between Yeigo and you, or the organisation that you represent.

REGISTRATION

You agree that the information you supply during the registration process will be true, accurate and complete and that you will not register under the name of another person. Yeigo reserves the right to reject or terminate any Forum Nickname that Yeigo, in its sole discretion, deems to be offensive in nature. You will be responsible for preserving the confidentiality of your chosen password and will notify Yeigo of any known or suspected unauthorized use of your account. You agree to keep Yeigo informed of any change in the information you provided at the time of your initial registration.

You agree to indemnify, defend and hold harmless Yeigo, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all liabilities, fines, losses, expenses and damages resulting from the supply of any information during the registration process which is not true, accurate and correct or arising from your failure to update such information as required or from any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your Yeigo account.

GRANT OF LICENCE

Yeigo grants you a non-exclusive and non-transferable licence to use the Software on the terms and conditions set out in this Agreement. You agree not exploit the Software for commercial gain under any circumstances, and agree to use it for your own private or business communication purposes only. You agree not to copy, modify, translate or create derivative works based on the Software, nor reverse assemble, de-compile or reverse engineer the Software, whether in whole or in part, or otherwise attempt to derive any source code subject to Yeigo's copyright, nor shall you permit, whether directly or indirectly, the sale, lease, sub-licence, transfer or assignment of the Software; nor shall you remove or alter any proprietary notices, logos or labels on or in the Software or front end user interface.

Yeigo may make improvements, changes or upgrades to the Software in order to keep pace with the latest demands and technological developments, at its own discretion and without any notice to you. Yeigo is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the operation of the Software or provision of any Yeigo services without any notice to you for the improvement, change or upgrade of the Software or for any other reason.

CHARGES AND COMMERCIAL TERMS

The Yeigo software is provided to you as a free download. Charges for making use the Yeigo service are located online at Yeigo Rates . Telecommunications network service providers charges for use of their networks will be charged for in addition to these prices and may be varied by network operators from time to time and without prior notice to Yeigo or you. Yeigo reserves the right to increase the amount of credit needed for a call to any destination and may vary its charges from time to time and without prior notice to you.

You have the right to review, correct and cancel a purchase of credit before confirming a transaction and to have a purchase refunded within seven days of concluding a transaction where you have not already commenced using the service.

Yeigo-to- Yeigo calls are free when both the calling and receiving parties are in range of an Access Point, when you call a Yeigo user who is outside of the range of an Access Point. You will be informed that the call is not a Yeigo-to-Yeigo call and are required to pay our standard rates to forward the call to the receiving party's number.

You are entirely responsible for any and all activities that occur on your Yeigo account and you shall be strictly liable for all charges debited against your account whether or not these charges are incurred by you or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach.

INFORMATION SECURITY & PRIVACY

In order to operate the Software, you will receive a User ID , your mobile phone number, and you will be required to set yor own password. You agree to notify Yeigo in writing of any unauthorized and/or fraudulent use of your User ID or password. You agree to indemnify, defend and hold harmless Yeigo, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Software, from any and all claims, losses, damages and expenses by, or on behalf of, you or any third party for any unauthorized or fraudulent use of Your User ID or password.

You understand that the use of Internet applications may subject a user to various risks including the exposure of sensitive or confidential information to persons for whom it was not intended, hacking, viruses, exposure to contaminated files and objectionable material, spamming, electronic fraud and other security risks. You agree that Yeigo shall not be responsible or liable for any intrusion or hack to the Software nor for any unauthorised access to the information or data stored or communicated by you or any other person using the Software or the services of Yeigo or any of its strategic partners, affiliates or third party service providers and it is your own responsibility to ensure that that only authorised persons have access to such information or data through adequate information security standards and procedures to be implemented and monitored by you. You furthermore agree to be bound by the terms of Yeigo's privacy policy located at www.yeigo.com/privacy . Yeigo does not guarantee the non-exposure of your personal information or IP address. Notwithstanding the terms of Yeigo's privacy policy, you assume the risk of any breaches of privacy.

EMERGENCY SERVICES

Yeigo does not provide emergency services that connect a user to emergency services personnel or public safety services or answering points. To access emergency services, you understand that it is your responsibility to purchase traditional wireless or fixed line services that offer emergency services. Neither Yeigo, its affiliates, strategic partners or third party service providers, nor their respective officers, directors, employees or agents may be held liable for any claim, damage, or loss, and you hereby waive, to the maximum extent permitted by applicable law, any and all such claims or causes of action, arising from or relating to the use or failure of the Software or any other service provided by Yeigo for contacting any emergency services personnel. You shall defend, indemnify, and hold harmless Yeigo, its affiliates, strategic partners or third party service providers and their respective officers, directors, employees or agents from any and all claims, losses, damages, penalties and expenses by, or on behalf of, you relating to the failure of Yeigo to offer emergency services.

RESPONSIBLE USE OF YEIGO SOFTWARE AND SERVICES

You agree not to use the Software or any Yeigo service for communications that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. You agree to indemnify and hold Yeigo, its affiliates, strategic partners and third party service providers and their respective directors, officers, employees and agents harmless from any claim or demand, made by any third party due to or arising out of content you communicate using the Software or any Yeigo service. You agree that Yeigo may intercept any communication to which you are a party in order to comply with any legal obligation to which Yeigo may be subject or for any other lawful purpose.

ADVERTISING AND THIRD PARTY LINKS

You consent to the placement by Yeigo of third party advertisements, logo's, icons and hyperlinks on the Software user interface and Yeigo website. You acknowledge and understand that by clicking on such advertisements, logo's, icons or hyperlinks you may activate and run other web applications or content downloads and or be directed to advertisers websites or other communications channels, including the automatic dialling of advertisers telephone contact numbers and you grant your consent thereto.

LINKING AND FRAMING

Any third party site may link to the Yeigo web site provided that such a link is directed at the home page only, unless with the prior written consent of Yeigo.Yeigo may provide links to other websites as a convenience and the inclusion of any link does not imply Yeigo's endorsement of such sites. Linked web sites or pages are not subject to the control of Yeigo. Yeigo shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site. It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of Yeigo.


SEARCHING TECHNOLOGY

Apart from bona-fide search engine operators and use of any search facility provided on the Yeigo website, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Yeigo website for any purpose whatsoever, without the prior written consent of Yeigo. The use of non-malicious search technology, such as 'web-crawlers' or 'web-spiders', to search and gain information from this web site is not permitted if such technology will result in slowing down this web site's server or copyright infringement of any data and information available from this web site. Data and information may only be used as provided for in these terms and conditions. E-mail addresses, names, telephone numbers and fax numbers published on the Yeigo website may not be incorporated into any database, used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Yeigo website may be used to communicate unsolicited communications to Yeigo.

INTERCEPTION OF COMMUNICATION

Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, you agree to Yeigo's right to intercept, block, filter read, delete, disclose and use all communications (including all "data messages" as defined in the ECT Act ) sent using the Yeigo software or Yeigo services.

WARRANTIES

Yeigo warrants that it owns the Software and/or has sub-licensed the Software and/or has obtained valid licenses for all third party software used in the development of the Software and that the Software was developed with reasonable care and skill by properly qualified personnel employing good quality materials, techniques and standards in accordance with best computing standards. The warranties set forth above are exclusive and in lieu of all other warranties, whether statutory, express or implied. Yeigo licences and supplies the Software 'as is' and does not warrant that the operation thereof will be uninterrupted or error free. No warranty is given nor is to be implied as to the suitability of the Software for any particular purpose notwithstanding that any such purpose may be known or ought reasonably to have been known by Yeigo.

INTELLECTUAL PROPERTY

Nothing contained in this Agreement shall convey any title or proprietary rights to you in or over the Software other than expressly provided for herein. You acknowledge that any and all intellectual property rights embodied in or associated with the Software are, and will remain, the sole property of Yeigo.

It is acknowledged and understood by you that components of the Software may have been developed using open source software and open standard technologies. If the Software is alleged to constitute an infringement of any third party's intellectual property rights or, as part of the settlement negotiations of any action concerning an infringement then, and in that event, Yeigo may at its sole option and expense procure for you the rights to continue using the Software; modify the Software so that it is non-infringing, without detracting from its overall performance and functionality; or substitute for the infringing Software other non-infringing software having a capability the same as the Software.

LIABILITY AND INDEMNITY

Yeigo shall not be liable for any delay, failure, breakdown, damage, loss, cost, claim, penalty, fine or expense arising from use of the Software or any Yeigo service; operator error on the part of you; any fault in the hardware, third party software or software supplied to or obtained by you from any entity other than Yeigo; the intentional or negligent act or omission of any person not being a duly authorised employee, sub-contractor, agent of Yeigo or any third party not authorised to act in terms of this agreement; and the actions, omissions or service interruptions of any utilities provider or third party service provider, including a telecommunications service, electrical service or a supplier of a telecommunications or electrical service, VoIP service, electronic communications service provider or electronic communications network service provider.

IN NO EVENT SHALL YEIGO BE LIABLE TO YOU FOR LOSS OF DATA, LOSS OF PROFITS OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, PERFORMANCE OR USE OF THE SOFTWARE OR ANY YEIGO SERVICE, OR ARISING FROM YOUR INCORPORATION OR ATTACHMENT OF ANY PROGRAM, PLUG-IN OR DEVICE TO THE SOFTWARE; CHANGES TO THE SOFTWARE BY YOU; FAILURE TO PROVIDE A SUITABLE HANDSET OR INSTALLATION ENVIRONMENT; USE OF PRODUCTS OR MATERIALS NOT SUPPLIED BY YEIGO; ANY FAILURE TO BACKUP ANY DATA USED IN OR OTHERWISE ASSOCIATED WITH THE SOFTWARE; USE OF THE SOFTWARE FOR ANY OTHER PURPOSE OTHER THAN THAT FOR WHICH IT WAS DESIGNED; AND USE OF THE SOFTWARE ON ANY COMMUNICATIONS DEVICE OR SYSTEM OTHER THAN THE SPECIFIED OR RECOMMENDED PLATFORMS FOR THE SOFTWARE.

IN NO EVENT SHALL YEIGO BE LIABLE FOR SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR DELICTUAL DAMAGES SUFFERED BY YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS, AND INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR ANY YEIGO SERVICE, UNAUTHORISED USE OF YOUR USER ID OR PASSWORD, THE MARKETING, DELIVERY, INSTALLATION, FURNISHING, MAINTAINING, HOSTING OR SUPPORTING OF THE SOFTWARE BY YEIGO OR ANY PERSON APPOINTED BY IT, THE PERFORMANCE OF THE SOFTWARE, AND WHETHER OR NOT YOU WERE AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

It is understood and acknowledged by you that the Yeigo Software and services are not intended to ensure, nor does Yeigo warrant, compliance with any common law, statutory or regulatory requirement or obligation to which you may be subject in your own jurisdiction. Use of the Software and services is entirely at your risk.

YOU INDEMNIFY AND HOLD YEIGO HARMLESS AGAINST ANY CLAIM BY ANY THIRD PARTY RELATING TO ANY MALFUNCTION OF THE SOFTWARE OR ARISING OUT OF THE USE OF THE SOFTWARE OR SERVICE BY YOU. YEIGO SHALL FURTHERMORE HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY BREACH OF A LEGAL OBLIGATION AS SPECIFIED ABOVE TO WHICH YOU OR ANY THIRD PARTY MAY BE SUBJECT.

WHOLE AGREEMENT

This Agreement constitutes the whole agreement between Yeigo and you and no agreements, representations or warranties between the parties other than those set out herein or incorporated by reference are binding on the parties.

WAIVER & SEVERABILITY

Any failure by Yeigo to exercise or enforce any right or provision of this Agreement shall in no way constitute a waiver of such right or provision. In the event that any of the terms of this agreement are found to be invalid, unlawful or unenforceable, those terms will be severable from the remaining terms, which will continue to be valid and enforceable.

MISCELLANEOUS PROVISIONS

Yeigo reserves the right to modify the terms of this Agreement at any time by publishing the revised terms on its website and providing you with a link thereto. You may terminate this Agreement at any time by removing and destroying all copies of the Software in your possession and Yeigo may terminate the provision of its Software at any time and without notice to you. All provisions relating to intellectual property rights, limitations of liability, warranties, indemnities shall survive any such termination. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa and, save for any application for urgent injunctive relief, you agree that any dispute arising between Yeigo and you shall be resolved exclusively by means of arbitration held in Cape Town, South Africa.