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Accessing this website or any pages on this website implies that you agree to be
bound by these terms of use. If you do not agree to these terms you should
discontinue your use of this website.
1. Conditions of access
1.1 You agree that:
1.1.1 Should you be issued with a user name and password you
will use your user name and password for your own personal use only;
1.1.2 you will not disclose your user name and password to any
other person for any reason whatsoever and that you will maintain the
confidentiality thereof;
1.1.3 in the event that your password is compromised, you will
immediately notify MWEB Business and change your password;
1.1.4 you, in your capacity as the holder of the user name and
password, are solely responsible for all payments in respect of a service
charged to your MWEB Business account, irrespective of whether the service has
been utilized or is being utilized by you or not;
1.1.5 the entire amount outstanding on your MWEB Business
account will be deemed to have arisen from (or relate to) your access to and/or
use of a MWEB Business service;
1.1.6 you will not, at any time, permit and/or initiate a
simultaneous network log-in; and
1.1.7 you will not attempt to circumvent MWEB Business' user
authentication processes or engage in attempts to access MWEB Business' network
where not expressly authorised to do so.
1.2 We will use reasonable endeavors to ensure the safekeeping
of any data or content which you may receive or upload to our servers from time
to time, such as (without being limited to) data, photographs, websites, videos
and e-mail messages (hereinafter collectively referred to as "your data").
However, it is your obligation to keep copies of your data, as we will not be
liable for any direct or indirect loss or damages of any kind, which you may
suffer as a result of the loss of your data, or any part thereof, for any reason
whatsoever (including as a result of our negligence).
1.3 MWEB Business will take whatever action MWEB Business may
deem necessary and reasonable to preserve the security and reliability of its
network.
1.4 You may not utilize any service in any manner which may
compromise the security of MWEB Business' network, or any other network
connected to MWEB Business’ network, or tamper with a service or such a network
in any manner whatsoever.
1.5 MWEB Business takes reasonable steps to secure your payment
information. MWEB Business uses a payment system that is sufficiently secure
with reference to accepted technological standards at the time of the electronic
transaction and the type of the transaction concerned.
1.6 MWEB Business will deal with your personal information in
accordance with the provisions of our Privacy Policy which is available on our
Legal Notices Website:
http://www.mwebbusiness.co.za/pdfs/MWEB%20Business%20Privacy%20Policy.pdf
1.7 You hereby agree to adhere to generally acceptable Internet
and e-mail etiquette. In this regard, without being limited to the examples
listed below, you agree not to:
1.7.1 engage in any abuse of e-mail or spamming, including
(without being limited to) the posting or cross-posting of unsolicited articles
with the same or substantially the same message to recipients that
did not request to receive such messages;
1.7.2 take any action aimed at deceiving or misleading any
person, attempt to impersonate or misrepresent your affiliation to any person or
forge headers or otherwise manipulate identifiers in order to
disguise the origin of anything posted or transmitted through the service;
1.7.3 use any service to post or transmit anything which is
defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing,
harmful, hateful or which carries child pornography, religious or racial slurs
or threatens or encourages bodily harm or the like or which may violate any
person's personality rights;
1.7.4 use any service to make fraudulent offers to sell or buy
products, items or services or to offer or solicit for any type of financial
scam such as "pyramid schemes" and "chain letters";
1.7.5 use any service in a manner that may infringe the
Intellectual Property Rights or other proprietary rights of others, including
(without being limited to) the transmission of pirated software;
1.7.6 use any service in any manner which could damage, impair,
overburden or disable the service or interfere with any other party's use or
enjoyment of the service;
1.7.7 use any service to post or transmit anything which
contains viruses or any other destructive features, regardless of whether or not
damage is intended;
1.7.8 repeatedly post gratuitous off the topic postings;
1.7.9 gather e-mail addresses and/or names for commercial,
political, charity or like purposes or use the service to collect or attempt to
collect personal information about third parties without their
knowledge or consent;
1.7.10 violate the privacy of any person or attempt to gain
unauthorised access to the service or any other network, including (without
being limited to) through hacking, password mining or any other means; or
1.7.11 use the service to engage in any illegal or unlawful
activity.
1.8 Should you engage in any one or more of the above
activities, which shall be determined in MWEB Business' sole discretion and
which decision shall be final, then MWEB Business shall be entitled, without
prejudice to any other rights it may have, to:
1.8.1 without notice, suspend your access to the service
concerned;
1.8.2 disclose information relating to the offending activity
as may be required under the circumstances.
1.9 You acknowledge that MWEB Business and/or a third party
Network Operator (as the case may be) may under the circumstances as prescribed
in the Regulation of Interception of Communications and Provision of
Communication Related Information Act, 2002 (“RICA”), be required to intercept,
lock, filter, read, delete, disclose and use communications sent or posted via
MWEB Business’ or the Network Operator’s network and you hereby consent to the
undertaking of such activities by MWEB Business and/or a third party Network
Operator. MWEB Business and/or a third party Network Operator shall not be
liable to you for any losses, liabilities, damages and claims and for any
related costs and expenses suffered by you as a result of MWEB Business and/or a
third party Network Operator performing any activity referred to in this
clause.
1.10 A copy of RICA is available at
http://www.info.gov.za/acts/2002/a70-02
2. Intellectual Property Rights
2.1 You agree to comply with all laws applicable to any
Intellectual Property Rights in respect of any data, files and/or information
accessed, retrieved or stored by you through your use of any of our services
and/products.
2.2 You are prohibited from using any of MWEB Business'
trademarks, logos, brand names, domain names or other marks, without the prior
written approval of MWEB Business.
2.3 Other than as specifically provided in the product or
service specific terms and conditions, MWEB Business will wholly and exclusively
retain all existing Intellectual Property Rights and become the exclusive and
unencumbered owner of all intellectual property right(s) employed in or
otherwise related to software used by MWEB Business, its network infrastructure,
e-commerce network infrastructure, business and the provision of any of the
services in terms of the product or service specific terms and conditions.
3. Indemnity
3.1 You hereby unconditionally and irrevocably indemnify MWEB
Business and agree to hold MWEB Business harmless against all loss, damages,
claims, liability and/or costs, of whatsoever nature, howsoever and whensoever
arising, suffered or incurred by MWEB Business or instituted against MWEB
Business as a result of (without limitation):
3.1.1 your negligent use of the website or any services
thereon;
3.1.2 your failure to comply with these terms;
3.1.3 any unavailability of, or interruption in the website or
any services thereon.
4. Disclaimer
4.1 MWEB Business has made every effort to ensure the proper
performance of its website, the accuracy of any information and/or images on its
website and the reliability of any binary data on its website, however, MWEB
Business does not guarantee the availability of services, content and
information offered on its website ("the services") or the accuracy of the
information and/or images on its website.
4.2 MWEB Business makes no representations or warranties,
whether express or implied, and assume no liability or responsibility for the
proper performance of its website and/or the services and/or the information
and/or images contained on its website, and the services are used at your own
risk. In particular, we make no warranty that the services will meet your
requirements, be uninterrupted, complete, timely, secure or error free.
4.3 MWEB Business’ website may contain hyper-links to third
party sites. MWEB Business is not responsible for the content of, or the
services offered by those sites. The hyper-link(s) are provided solely for your
convenience and should not be construed as an express or implied endorsement by
us of the site(s) or the products or services provided therein. You access those
sites and use their products and services solely at your own risk.
5. General
5.1 You hereby consent to the jurisdiction of the Magistrate's
Court in the Republic of South Africa in respect of any proceedings that may be
initiated by MWEB Business arising out of these terns, provided that MWEB
Business shall be entitled, in its sole discretion, to institute such
proceedings in the High Court of South Africa and, in such event, you consent
to the jurisdiction of such court and agree that costs shall be calculated in
accordance with the tariff of such court.
5.2 MWEB Business reserves the right to amend these terms from
time to time. Such amendment will be posted on this website and be deemed to
have been accepted by you if you continue using the service. It is your
obligation to review these terms at regular intervals.
5.3 These terms, as varied in terms of 5.2 above, constitutes
the whole of the agreement between you and MWEB Business. No variation or
addition of these terms will be binding on any of the parties unless recorded in
writing and signed by both parties.
5.4 MWEB Business is in terms of section 43 of the ECT Act
required to make its contact details, its domicilia citandi et executandii and
certain other information available to its subscribers who enter into electronic
transactions with MWEB Business. This information is available under “Company
Information” on our Legal Notices Website.
5.5 No indulgence, leniency or extension of time which MWEB
Business may grant or show to you shall in any way prejudice MWEB Business or
preclude MWEB Business from exercising any of its rights in the future.
5.6 In these terms, “we”, “us” or “our” or “MWEB Business”
shall refer to MWEB Connect (Pty) Limited, Registration Number 1996/015134/07,
its affiliates and subsidiaries.
5.7 The physical address where MWEB Business will receive legal
service of documents/ domicilium citandi et executandi is the following:
MWEB Building
110 Fairway Close
Parow
7500
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