LAYUP ELECTRONIC COMMUNICATIONS POLICY
-Last Updated: May 2022
PLEASE READ THIS ELECTRONIC DELIVERY COMMUNICATION POLICY CAREFULLY. THIS POLICY DESCRIBES THE WAYS LAYUP (“LAYUP”, “WE”, “US”, “OUR”) OR OUR LAYUP MERCHANTS COMMUNICATE WITH YOU ELECTRONICALLY AND THE TERMS BY WHICH THOSE COMMUNICATIONS ARE BOUND. YOU ACCEPT THIS POLICY BY USING OUR PRODUCTS AND SERVICES ON OUR WEBSITE OR THROUGH ANY OTHER MEANS (COLLECTIVELY THE “SERVICES”). WE MAY AMEND THIS ELECTRONIC DELIVERY COMMUNICATIONS POLICY AT ANY TIME BY POSTING A REVISED VERSION ON OUR WEBSITE.
1. ELECTRONIC COMMUNICATIONS: You agree and consent to receive electronically all Communications that we provide in connection with your Layup Account and your use of our Layup Services. The aforementioned communications include, but in no way be limited to the following:
- Agreements and policies you agree to, including updates to these agreements or policies.
- Transaction receipts, confirmations, account statements and history.
- Any other Account or transaction information.
- Any other document, information or notice we decide or are legally obliged to provide to you.
2. HARDWARE AND SOFTWARE REQUIREMENTS: In order to access and retain electronic communications, you will need the following computer hardware and software:
- A computer with an Internet connection;
- A current web browser that includes 128-bit encryption with cookies enabled.
- Adobe Acrobat Reader;
- A valid mobile phone number (your primary number on file with Layup);
- A valid email address (your primary email address on file with Layup).
3. REQUEST FOR THE REMOVAL OF CONSENT: You may make an application to withdraw your consent to receive electronic communications from us, by electronically by writing a letter to us sent via registered post to 61 Katherine Street Sandton, 1st Floor, Johannesburg 2196, South Africa. or by emailing us at [email protected].
4. If you fail to provide or if you withdraw your consent to receive communications electronically, Layup reserves the right to either deny your application for an Account, restrict or deactivate your Account, close your Account and any sub-account or charge you additional fees.
5. UPDATED INFORMATION: It is your responsibility to keep your primary email address up to date so that Layup can communicate with you electronically. You understand and agree that if Layup sends you an electronic communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, Layup will be deemed to have provided the communication to you. You can manage and update your account information by logging into your Account
6. SPAM FILTERS: Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must ensure that you add Layup to your email address book so that you will be able to receive the Communications we send to you.
LAYUP ACCEPTABLE USE POLICY
-Last Updated: MAY 2022
THE PURPOSE OF THIS ACCEPTABLE USE POLICY (AUP) IS TO COMPLY WITH THE RELEVANT LAWS OF THE REPUBLIC OF SOUTH AFRICA, INCLUDING THE TERMS AND CONDITIONS OF USE OF LAYUP’S SERVICES AND PRODUCTS (AS CONTEMPLATED IN THE LEGAL AGREEMENTS); TO SPECIFY TO MERCHANTS AND USERS OF OUR SERVICE/WEBSITE WHAT ACTIVITIES AND ONLINE BEHAVIOUR ARE CONSIDERED AN UNACCEPTABLE USE OF THE SERVICE/WEBSITE; TO PROTECT THE INTEGRITY OF OUR NETWORK AND TO SPECIFY THE CONSEQUENCES THAT MAY FLOW FROM UNDERTAKING SUCH PROHIBITED ACTIVITIES.
WE MAY AMEND THIS POLICY AT ANY TIME BY POSTING A REVISED VERSION ON OUR WEBSITE. THE REVISED VERSION WILL BE EFFECTIVE AT THE TIME WE POST IT.
Layup Technologies (Proprietary) Limited (“Layup”, “we”, “us”, “our”) respects the rights of our merchants and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion; belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.
1. UNLAWFUL USE: Our services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes:
- Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
- Any activity designed to defame, abuse, stalk harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
- Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.
- Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with Us on behalf of another subscriber without their consent.
- Any violation of the exchange control laws of the Republic.
- Any activity that results in the sale, transmission or distribution of pirated or illegal software.
- Failing to respond to a request be a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.
2. PROHIBITED ACTIVITIES: The following sections outline activities that are considered an unacceptable us of the Our services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.
- THREATS TO NETWORK SECURITY: Any activity which threatens the functioning security and/or integrity of the our network is unacceptable. This includes:
- Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by the Us for this goal;
- Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person;
- Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb or other harmful, destructive or disruptive component;
- Any unauthorised monitoring of data or traffic on the network without the Our explicit, written consent;
- Any unsolicited mass mailing activity including direct marketing spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.
- PUBLIC SPACE AND THIRD PARTY CONTENT AND SITES
- In reading this AUP or and our other Legal Agreements, you acknowledge that We have no power to control the content of the information passing over the Internet and its applications, including e-mail; chat rooms; news groups and that We cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
- UNSOLICITED, SPAM AND JUNK MAIL
- Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. We will take swift and firm action against any user engaging in any of the following unacceptable practices:
- Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
- Operating or maintaining mailing lists without the express permission of all recipients listed;
- Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients.
3. ACTIVITIES REQUIRING APPROVAL: Layup requires pre-approval to accept payments for certain services, including but not limited to, the following
- Airlines and scheduled or non-scheduled charters/jets/air taxi operators.
- Collecting donations as a charity or non-profit organization.
- Dealing in jewels, precious metals and stones.
- Acting as a money transmitter or selling stored value cards.
- Selling stocks, bonds, securities, options, futures (forex) or an investment interest in any entity or property.
- Providing escrow services.
- Providing file sharing services or access to newsgroups.
- Selling alcoholic beverages, non-cigarette tobacco products, e-cigarettes or prescription drugs/devices.
- Activities involving gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes, if the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
- Ammunition, firearms, certain firearm parts or accessories, or certain weapons or knives regulated under applicable law.
To get pre-approval for your business contact us via email sent to [email protected].
4. VIOLATIONS OF THIS POLICY: We encourage you to report violations of this Acceptable Use Policy to us immediately. If you have a report on a violation or question about whether a type of transaction may violate the Acceptable Use Policy, you can contact us via email sent to [email protected].
5. Action following breach of the AUP: Upon receipt of a complaint, or having become aware of an incident, We may take any of the following steps:
- In the case of a network, inform the user’s network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this ISPA Code of Conduct;
- In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means;
- In the case of individual users, warn the user; suspend the user’s account and/or revoke or cancel the user’s network access privileges completely;
- Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
- Institute a civil or criminal proceedings;
- Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the user’s details to the law enforcement agencies.
6. RESERVATION AND NON WAIVER OF RIGHTS
- We reserve the right to amend or alter this policy at any time.
- We reserve the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.
- We reserve the right, as our sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.
- We reserve the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
- We reserve the right to suspend, revoke or cancel the services to the user if the safety and integrity of the Our resources are placed at risk in continuing to provide service to the subscriber/user.
- We reserve the right to remove any information or materials in whole or in part, that, in Our sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.