In this End-User License agreement (“user agreement”), the terms below have the following meanings:
1.1.1 “Digital Platform” means the Multiply internet website accessed via (www.multiply.co.za).
1.1.2 “MMI Multiply” means MMI Multiply (Pty) Ltd (Registration number: 1971/006353/07); a subsidiary of MMI Group Limited (Registration number: 1904/002186/06) and any of its affiliates or subsidiaries.
1.1.3 “Momentum” means a division of MMI Group Limited (Registration number: 1904/002186/06) and any of its affiliates or subsidiaries.
1.1.4 “Multiply” is the MMI wellness solution that is managed and operated by MMI Multiply. Multiply is an incentivised wellness programme that rewards and encourages its members to become holistically well, by arranging access to various wellness and leisure facilities and services and offering them discounts at various providers and services to incentivise and reward their wellness behaviours.
1.1.5 “Personal Information” means information relating to you or any person, including but not limited to information relating to —
• race, sex, gender, sexual orientation, pregnancy, marital status, nationality, ethnic or social origin, colour, age, physical or mental health, well-being, disability, religion, conscience, belief, cultural affiliation, language and birth;
• education, medical, financial, criminal or employment history;
• any identifying number, account or client number, password, pin code, symbol, e-mail address, domain name or IP address, mobile device identifier, physical address, cellular phone number, telephone number or other particular assignment;
• blood type, fingerprint or any other biometric information;
• personal opinions, views or preferences;
• correspondence that is implicitly or expressly of a personal, private or confidential nature (or further correspondence that would reveal the contents of the original correspondence);
• the name of the person, if it appears with other Personal Information relating to such person, or if the disclosure of the name itself would reveal information about the person;
provided that such Personal Information is not in the public domain or held by a public body and is publicly accessible.
1.1.6 “Software” means collectively: (i) online application software that is provided by or is connected with MMI Multiply (ii) all the contents of the software under this user agreement, including the object code form of the software; and (iii) upgrades, modified versions, updates, additions, and copies of the software, if any, in respect of which the rights are granted to you under this user agreement.
1.1.7 “working day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa.
1.1.8 “you” or “your” means the end user (either an individual or an entity) of the Digital Platform.
1.2 Conditions and right of use
1.2.1 This user agreement is between you and MMI Multiply. MMI Multiply grants you a non-exclusive, non-transferable right to use the Digital Platform under the terms and conditions set out below.
1.2.2 You (i) accept the right granted to you in terms of clause 1.2.1 above; (ii) are authorised only to use the Digital Platform for your own purposes in relation to this user agreement and shall not exploit it for commercial gain under any circumstances whatsoever; and (iii) acknowledge that you obtain no rights of ownership in the Software whatsoever.
1.2.3 By using the Digital Platform, you acknowledge that you have read, understand and expressly agree to the terms and conditions of this user agreement. In the event that you do not agree to these terms and conditions, please do not continue using the Digital Platform.
1.2.4 Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Digital Platform, your cell phone provider may, depending on the type of contract you have, charge you for accessing the Digital Platform or for any usage of the Digital Platform (such as data charges and SMS charges). MMI Multiply cannot be held responsible for these charges.
This user agreement is effective from the first date you access the Digital Platform.
1.4 Your profile
1.4.1 If you use the Digital Platform, you agree to keep your login details (your user name and password) a secret and not allow any other person to use it. Should you enable and use fingerprint authentication to access the Digital Platform from your mobile device, you agree to take precautionary measures to keep your device safe from any unauthorised access.
1.4.2 You accept full responsibility for any activity / transaction that occurs under your login details, even if you have shared your user name and password. Any use of your login details shall be regarded as if you were the person using such information.
1.4.3 When choosing a user name and / or password, MMI Multiply may specify certain requirements that you will need to meet. These requirements may change from time to time and you may be required to update your credentials.
1.4.4 MMI Multiply allows you to use the same login details between the MMI Multiply Digital Platform (www.multiply.co.za) and the Momentum digital platform (www.momentum.co.za).
1.4.5 If you choose to use the same login details between the MMI Multiply and the Momentum digital platform and should you wish to view details of any Momentum products you own, MMI Multiply will in an authenticated manner direct you from the MMI Multiply Digital Platform to the Momentum digital platform, subject to clause 1.10.3 below. This is to ensure that you are seamlessly moved from one digital platform to the other to enable you to view any Momentum products or perform any Momentum related activity
1.4.6 If you choose to use different login details between the MMI Multiply and the Momentum digital platform and should you wish to view details of any Momentum products you own, MMI Multiply will in an authenticated manner direct you from the MMI Multiply Digital Platform to the Momentum digital platform, subject to clause 1.10.3 below as long as you have specified the same personal identifiers in the web profile registration process. The personal identifiers used are your ID or passport numbers or your Multiply or Momentum client number.
1.4.7 MMI Multiply may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.
1.5 Changes to this user agreement
1.5.1 MMI Multiply reserves the right to change any of the terms and conditions contained in this user agreement at any time and in its sole discretion.
1.5.2 Your continued use of the Digital Platform following the posting of changes will constitute your acceptance of such changes. You undertake to review this user agreement whenever you visit the Digital Platform.
1.6 Restrictions on License
1.6.1 You shall not (i) except to the extent as may be permitted by law, modify, translate, correct any error, defect or operating anomalies or create derivative works based on the Software, nor reverse assemble, decompile or reverse engineer the Software, whether in whole or in part, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, programming of the Software or any files contained in or generated by the Software, nor shall you permit, whether directly or indirectly, any third party to do any of the foregoing; or (ii) sell, lease, encumber, sublicense, lend, transfer or assign the Software to any other third party.
1.6.2 You must not misuse the Software by introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Software. You are responsible for making all arrangements necessary for you to have access to the Digital Platform, and for ensuring that all persons who access the Digital Platform through your internet connection and or device are aware of the terms and conditions of this user agreement and that they comply with it.
1.6.3 You agree that you shall only use the Digital Platform in a manner that complies with all applicable laws in the jurisdiction in which you use the Digital Platform, including, without limitation, applicable restrictions concerning copyright and other intellectual property rights.
1.7 Intellectual Property Rights
1.7.1 The Digital Platform, Software, and all rights, including, without limitation, intellectual property rights therein, are owned by MMI Multiply and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable laws of the Republic of South Africa.
1.7.2 You agree that you have no intellectual property rights whatsoever in the Digital Platform and Software. The structure, organisation, and code of the Software are the valuable trade secrets and confidential information of MMI Multiply and/or its licensors and affiliates.
1.7.3 You will notify MMI Multiply of any claim which may be made alleging that the Software infringes the intellectual property rights of a third party as soon as you become aware of any such actual or potential claim.
1.7.4 You shall immediately bring to the attention of MMI Multiply any infringement or suspected infringement by any third party of any of the intellectual property rights in the Software of which you are aware.
1.7.5 Unless stated differently, all content on the Digital Platform remains the intellectual property of MMI Multiply. This means that you are not allowed to use the content contained in web pages, electronic or written publications or any other media and/or words, phrases, names, designs or logos that are MMI Multiply or Momentum trademarks without the expressed written permission of MMI Multiply or Momentum as the case may be.
1.8.1 Although MMI Multiply is committed to providing you with the best possible service you acknowledge that the Digital Platform is provided “as is” without warranty of any kind, express or implied, statutory or otherwise, and, to the maximum extent permitted by applicable law, neither MMI Multiply, its licensors or affiliates, nor the copyright holders make any representations or warranties, express or implied, including, without limitation, to warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee, or representation, whether oral, written or in electronic format, including but not limited to the accuracy or completeness of any information contained therein or provided by the Digital Platform and its services.
1.8.2 MMI Multiply shall not be liable for any loss or damages (including without limitation consequential loss or damage) whatsoever from the use of, or reliance on the information contained in the Digital Platform.
1.8.3 The Digital Platform has not been written to meet your individual requirements and there is no warranty by MMI Multiply or by any other party that the functions contained in the Digital Platform will meet your requirements or that the operation of the Digital Platform will be uninterrupted or error free.
1.8.4 You assume all responsibility and risk for the selection of the Digital Platform, and Software to achieve your intended results and for the installation, authentication methods to gain access, use, and results obtained from it.
1.8.5 The Digital Platform is provided by MMI Multiply on an “as is” and “and available” basis.
1.8.6 MMI Multiply does not guarantee the operation of the Digital Platform and use thereof is at your own risk.
1.8.7 While MMI Multiply is committed to exercising due care it does not guarantee that the Digital Platform, its tools and servers and/or systems are free from viruses or other harmful components.
1.8.8 To the maximum extent permitted by applicable law, MMI Multiply, its employees and licensors shall not be liable to you or to any third party for any liability, losses, damages and/or costs or expenses whether special, direct, indirect and/or of a consequential nature including but not limited to loss of income, loss of profits, loss of business information, business interruption, death or personal injury caused by any nature whatsoever or arising out of the use of or inability to use the Digital Platform, any defect or error in the Digital Platform or any failure in the performance of the Digital Platform and you hereby indemnify MMI Multiply against any such liability.
1.8.9 Calculations on the Digital Platform serve only as a guideline or as an explanation to your personal circumstances. To be of any use to you they must be confirmed by MMI Multiply. MMI Multiply does not guarantee the accuracy or completeness of these calculations.
1.8.10 MMI Multiply is committed to providing you with the best possible service but will not be held liable for:
18.104.22.168 Any interrupted, delayed or failed transmission, storage or delivery of information due to power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other events, circumstances or cause beyond the reasonable control of MMI Multiply;
22.214.171.124 Any inaccurate, incomplete or inadequate information supplied by you via the Digital Platform;
126.96.36.199 Any direct or indirect loss or damages relating to any events described in this clause or the clauses above, your actions or omissions that result in a breach of this user agreement, a denial of access to the Digital Platform should we believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website or place MMI Multiply in disrepute.
1.8.11 It is very important that you acknowledge and understand that any information provided via the Digital Platform should not be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. Please consult with your financial adviser should you require any advice, financial services or financial products.
1.8.12 All information available on the Digital Platform including information on products and services, and their terms and conditions, is subject to change without notice.
1.9 Protection of your Personal Information
1.9.1 MMI Multiply will take reasonable steps to protect the Personal Information supplied by you from loss, misuse or unauthorised alteration in accordance with the relevant data protection laws.
1.9.2 MMI Multiply may from time to time utilise the Personal Information you choose to supply via the Digital Platform for marketing, research, personalisation of content and user experience and data analytics and by registering on and accessing the Digital Platform, you consent to the use of your Personal Information for these purposes.
1.9.3 MMI Multiply may share any images that you upload to the Digital Platform with any of its internal or associated digital platforms to enrich the experience of your interactions with them. Whilst these images are the property of MMI Multiply, we will request your permission to should we require use of these images for any other purpose not mentioned above.
1.10 Third-party Websites
1.10.1 As a convenience to you, the Digital Platform may contain links to other websites belonging to and / or operated by third parties who do not fall within the MMI Group of companies. These third-party websites are not under the control of MMI Multiply and by making these links available, we are not endorsing these third-party websites, their content, products, services or the owners.
1.10.2 It is your responsibility to ensure that you obtain any information which may be relevant to making a decision, and that you read the privacy and security policy on such third-party websites. MMI Multiply will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third-party websites and/or software. You agree that where you access third party websites you do so entirely at your own risk.
1.10.3 If you are redirected from the Digital Platform to the Momentum digital platform (www.momentum.co.za) for the purposes detailed in clause 1.4.5, you agree that by accepting these Terms and Conditions you also agree to endorse the Momentum Site Usage Terms & Conditions.
1.10.4 MMI Multiply may from time to time employ third parties and or their software to assist with certain services and aspects of the Digital Platform. We make every effort to ensure that such third parties comply with our Privacy and Security policies and hold them accountable for any non-compliance.
1.10.5 MMI Multiply seeks to protect the integrity of its website and the links placed upon it, and therefore requests any feedback on not only our Digital Platform but also such third-party websites.
1.11 Governing Law
This user agreement will be governed, construed and take effect in all respects in accordance with the laws of the Republic of South Africa. By accessing and using the Digital Platform, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.
1.12 System Requirements
MMI Multiply aims to provide you with as much information as possible about what to expect when using this website, so that you can enjoy an enhanced user experience.
This site has been built with the following browsers in mind:
Documents used in this website are stored in PDF, .doc, .xlsx or .txt format.
If you don't have a PDF reader you can download Adobe Reader free from the Adobe website.
2.3 MMI Multiply will not collect, collate, process or reveal your Personal Information without your permission, unless we are legally required to do so.
2.4 We will only electronically request, collect, collate, process or store your Personal Information if it is lawful for us to do so.
2.5 If we need your Personal Information, we will disclose the reason to you in writing. In addition, we will not reveal your personal information for any purpose other than the one we inform you of. We will also not give your Personal Information to a third party without your consent, or unless we are legally required to do so.
2.6 We will keep a record of your Personal Information for the purpose it is intended.
2.7 We will make every effort to make sure that your Personal Information is kept confidential and secure, by storing it on our secure database.
2.8 We keep all recorded financial information strictly confidential. This means we will not disclose this information to any third party that does not have right or title to it.
2.9 We take reasonable and necessary precautions to secure your transactions on our Digital Platform; however we cannot guarantee the confidentiality of your transactions.
2.11 The Digital Platform may make use of cookie and tracking technology, where information that you send while on the Digital Platform, is saved on your device. This allows the Digital Platform to recognise you on your next visit. This technology is useful for gathering information, such as the type of browser and operating system you use. The information will enable us to track the number of visitors to our Digital Platform and understand how visitors use it. Personal Information cannot be collected via cookie technology.
2.12 MMI Multiply may use your information for marketing purposes within the MMI Group of companies and may send you promotional material or information that may be of interest to you.