WEBSITE TERMS AND CONDITIONS
Copyright © 2010. Communidata cc. Last updated 19-Jul-10
ALL RIGHTS RESERVED. PRINTING, DOWNLOADING AND SAVING ALLOWED AS DETAILED IN CLAUSE 4.
THIS DOCUMENT IS ENCRYPTED TO MAINTAIN ITS INTEGRITY AND PREVENT UNAUTHORISED CHANGES.
IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 http://www.acts.co.za/ect_act/ AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE COMMUNIDATA WEBSITE, WEB PAGES OR ANY PART THEREOF.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MAY NOT USE THE COMMUNIDATA WEBSITE. REASONABLE USE OF THE COMMUNIDATA WEBSITE SHALL AUTOMATICALLY BIND THE USER TO THIS AGREEMENT.
Communidata cc would like to welcome you to its website. By viewing this website you hereby
acknowledge that you have read and accept the following disclaimers.
1.1 WEBSITE DISCLAIMER FOR COMMUNIDATA CC
a. Refer to the Website Disclaimer for Communidata cc
Communidata disclaimer regarding:
i. information on the Communidata website –
ii. links to other sites – Communidata disclaimer
iii. press releases – Communidata disclaimer
iv. disclosure regarding forward-looking statements –
v. intellectual property – Communidata disclaimer
vi. viruses – Communidata disclaimer
vii. jurisdiction – Communidata disclaimer
2. DEFINITIONS AND INTERPRETATION
a. “the Communidata website” means the Communidata website, owned and operated by Communidata cc and
located at http://www.Communidata.co.za, including any page, part or element thereof:
b. “Communidata” means Communidata cc, http://www.Communidata.co.za registration number 1995/004174/23, including its subsidiaries, shareholders and business units;
c. “User” means any person who enters or uses the Communidata website, notwithstanding the fact that such a person only visits the home page of the Communidata website;
d. References herein to the singular includes the plural and vice versa; and
e. Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the Electronic Communications and Transactions Act, Act No. 25, 2002, (ECT Act http://www.acts.co.za/ect_act/), The relevant Act may be downloaded from the South African Government Information web site http://www.info.gov.za/ on the relevant web links, and recent developments which updated the original document may be downloaded at http://www.acts.co.za/ect_act/
f. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.
g. Communidata’s Standard Terms and Conditions Code of are available on the following links:
i. Communidata’s Standard Terms and Conditions
Ii Code of Practice –
h. Certain pages, products or services are subject to their own set of terms and conditions and such terms and conditions available on the Communidata website are deemed to be included and form part of these terms and conditions.
a. Communidata’s partnerships with various major suppliers make it one of Africa’s leading providers of communication and data services.
b. Further information is to be found on the company profile. –
4. ALLOWED USE AND LICENSE
COMMUNIDATA LICENSES THE USER TO VIEW, DOWNLOAD, SAVE AND PRINT THE CONTENT of the Communidata website, provided that such content is used for private, personal, educational and / or noncommercial purposes only or to view, download, save and print this Website Terms and Conditions for legal and / or evidential purposes
b. Content from the Communidata website may not be used or exploited by Users for any commercial and nonprivate purposes without the prior written consent of Communidata, which consent Communidata may withhold at its sole and absolute discretion.
c. Users may only access, browse and use the Communidata website for legitimate personal or commercial purposes and may not use the Communidata website or any Communidata services and / or products for:
i. Harmful purposes;
ii. Illegal purposes;
iii. Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and / or
iv. The creation, storage and sending of unsolicited commercial communications.
d. The caching of the Communidata website shall only be allowed if:
i. The purpose of the caching is to make the onward transmission of the content from the Communidata website more efficient,
ii. The cached content is not modified in any manner whatsoever,
iii. The cached content is updated at least every 12 (twelve) hours, and,
iv. The cached content is removed or updated when so required by Communidata.
e. IF ANY USER USES CONTENT FROM THE COMMUNIDATA WEBSITE IN BREACH OF THE PROVISIONS DETAILED HEREIN:
i. Communidata reserves the right to claim damages from the User,
ii. Communidata reserves the right to institute criminal proceedings against the User, and,
iii. Communidata shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
f. Hyperlinks to the Communidata website from any other source shall be directed at the home page of the Communidata website. Links beyond the Communidata home page may only be used with Communidata’s prior written consent.
g. Communidata shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the Communidata website, if such content, products or services was accessed through a hyperlink not directed at the home page of the Communidata website.
Persons that wish to link to pages beyond the home page of the Communidata website without Communidata’s prior written consent shall do so at their own risk and indemnify Communidata against any loss, liability or damage that may result from the use of such hyperlinks. Communidata’s non-liability for deep linking is based on the fact
that deep links bypass these terms and conditions.
h. Users may quote small and reasonable amounts of content available from the Communidata website and only if such a quote is placed in inverted commas and acknowledged.
i. No person may, without the prior written consent of Communidata, frame the Communidata website in any manner whatsoever.
j. Apart from bona-fide search engine operators and use of the search facility provided on the Communidata website by Users, 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 Communidata website for any purpose whatsoever, without the prior written consent of Communidata.
k. E-mail addresses, names, telephone numbers and fax numbers published on the Communidata 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 Communidata website may be used to communicate unsolicited communications to Communidata and all rights detailed in section 45 of the ECT Act – http://www.acts.co.za/ect_act/ are reserved.
l. All licenses and / or permissions granted in terms of this clause 4 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Communidata at any time without prior notice or reasons.
5. INTELLECTUAL PROPERTY RIGHTS
a. All intellectual property on the Communidata website, including but not limited to content, trademarks, logos, pictures, video downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Communidata and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in the clause 4 -ALLOWED USE AND LICENSE, all other rights to intellectual property on the Communidata website are expressly reserved.
b. No person may use the intellectual property, i.e. logos, icons or trade marks, from the Communidata website as hyperlinks or for other purposes without Communidata’s prior written consent.
6. SOFTWARE AND EQUIPMENT
a. It is the responsibility of the User to acquire and maintain, at his / her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Communidata website and / or download content from the Communidata website.
7. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
a. These terms and conditions as well as product and / or service specific terms and conditions govern the sale of goods and / or the provision of services from or through the Communidata website.
b. Access to the services, content, software and downloads available from the Communidata website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002, – (ECT Act) – as updated – http://www.acts.co.za/ect_act/ and therefore Users have the rights detailed in Chapter 7 of the ECT Act -http://www.acts.co.za/ect_act/ – and Communidata has, amongst others, the duty to disclose the following information:
i. The full name and legal status of the website owner: Communidata Cc, – http://www.Communidata.co.za/ –
registration number 1995/004174/23.
ii. Directors: – Board of Directors –
Peter Richard Hattingh
iii. Street address: Communidata House, 9 Third Street, Boksburg North, 1459, South Africa.
iv. Postal address: P.O. Box 25036, East Rand, 1462, South Africa.
v. Physical address for receipt of legal service: Communidata House, 9 Third Street, Boksburg North, 1459, South Africa
vi. Main business: Telecommunications and data services, Installations and products. vii. The website address of the Communidata website is: http://www.Communidata.co.za – http://www.Communidata.co.za
viii. The official e-mail address of the Communidata website is: info@Communidata.co.za ix. Membership of self-regulatory or accreditation bodies: ICASA (The Independent Communication
Authority of South Africa – www.icasa.org.za
7.1 Access to, saving and printing of terms:
a. These website terms and conditions may be saved by Users by clicking on either the save or print buttons available on the Acrobat Reader toolbar; and
b. Terms specific to certain products and / or services may be printed and saved in the following manner:
i. Printing: open the web page that details the terms and click on the [print] option available on the browser toolbar; and
ii. Saving: open the web page that details the terms and click on the [File] option available on the browser toolbar, select [Save As…] and save the page as a .htm or .html file.
iii. ALTERNATIVELY, copy and paste the terms to another format such as MS Word (.doc) and save accordingly.
7.2 Dispatch and delivery
a. The manner and period within which Users may access and maintain a full record of transactions: a full record of each transaction shall be disclosed to the User and Users are encouraged to print and / or save this information. Transaction records will also be disclosed to Users on request for a limited period from the date of the transaction.
7.3 Return, refund and exchange policy
a. Refer to the Standard Terms and Conditions http://www.Communidata.co.za/common/allproducts/index.html) and / or in the associated product specific terms.
7.4 Duration of agreement
a. The minimum duration of transactions and / or periods are detailed on the product page (available from the main products page: http://www.Communidata.co.za/common/allproducts/index.html) and / or in the
associated product specific terms.
7.5 Alternative dispute resolution
a. Subject to urgent and / or interim relief, all disputes regarding:
i. access to the Communidata website,
ii. the inability to access the Communidata website,
iii. the services and content available from the Communidata website; or
iv. these terms and conditions,
b. shall be referred to arbitration in terms of the expedited rules of The Arbitration Foundation of
Southern Africa – http://www.arbitration.co.za/ -and such arbitration proceedings shall be conducted in Boksburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of The Arbitration Foundation of Southern Africa may be downloaded from the following website: The Arbitration Foundation of Southern Africa – http://www.arbitration.co.za
7.6 Cooling-off period
a. Users may return goods or services within 7 (seven) days as detailed in section 44 of the ECT Act – http://www.acts.co.za/ect_act/ -and only if such goods or services are not detailed in section 42.(2) of the
ECT Act – http://www.acts.co.za/ect_act/
7.7 Beginning of service
a. Access to the User’s premises for the installation of goods and / services and / or remote activation of goods and / or services by Communidata, shall be regarded as consent by the User as required by the provisions of section 42(2)(d) of the ECT Act – http://www.acts.co.za/ect_act/ -which is also found on the South African Government Information web site http://www.info.gov.za/
7.8 Time and place of contracting and nature of information on the Communidata website
a. The time and place data messages such as email communications between the User and Communidata are deemed to have been sent and received and the location from which such data messages originate are governed by the provisions of clause “AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT”,
(clause 17), hereunder;
b. The information, goods and / or services advertised on the Communidata website are NOT an offer but merely an invitation to do business;
c. By selecting goods and / or services and by submitting the necessary payment and / or delivery information, the User makes an offer to Communidata, which offer may be accepted and / or declined at Communidata’s sole and absolute discretion;
d. A binding agreement between the User and Communidata for the sale of goods or the provision of services is only concluded upon Communidata’s acceptance of the User’s offer detailed in clause 7.8.c above;
e. Communidata’s acceptance or refusal of an offer will be communicated to the User within a reasonable time from receipt of the User’s offer by Communidata;
f. Although the time and place the agreement detailed herein are concluded are governed by clause “AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT”, (clause 17), hereunder, the time and place of the contracting of the agreements for the sale of goods and / or the provision of services (as advertised on the Communidata website) are governed by this clause 7.9 and shall be deemed to have been concluded in Boksburg; and,
g. Communidata may refuse an offer if the User, amongst others, fails to meet the conditions of Communidata’s credit referencing procedure.
7.9 Complaints concerning the Communidata website
a. Users may lodge complaints concerning the Communidata website with Communidata at
8. CHANGES AND AMENDMENTS
a. Communidata reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
i. change these terms and conditions;
ii. change the content and / or services available from the Communidata website;
iii. discontinue any aspect of the Communidata website or service(s) available from the Communidata website; and / or
iv. change the software and hardware required to access and use the Communidata website.
a. Communidata shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000, – (PAIA). The PAIA may be downloaded from http://www.polity.org.za/ and is available on the South African Government Information web site http://www.info.gov.za/, and recent developments to the original may be downloaded at http://www.acts.co.za/
b. Communidata may electronically collect, store and use the following personal information of Users:
i. name and surname;
ii. identity number;
iii. passport number;
iv. Communidata account number;
v. postal area code
vi. street address;
vii. postal address;
ix. contact numbers;
x. non-personal browsing habits and click patterns;
xi. e-mail address;
xii. IP address; and / or
xiii. User selected username and password.
c. Communidata collects, stores and uses the abovementioned information for the following purposes:
i. to communicate requested information to the User;
ii. to provide services to the User as requested by the User;
iii. to authenticate the User;
iv. to provide the User with access to restricted pages on this website; and
v. to compile non-personal statistical information about browsing habits, click-patterns and access to the Communidata website.
d. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings. For purposes of this clause, a cookie means a small computer file created by a web browser to save user information for web site.
e. Communidata may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
i. Communidata shall not disclose personal information from Users unless the User consents thereto;
ii. Communidata shall disclose personal information without the User’s consent only through due legal process; and
iii. Communidata may compile, use and share any information that does not relate to any specific individual.
f. Communidata owns and retains all rights to non-personal statistical information collected and compiled by Communidata.
10. HYPERLINKS TO THIRD PARTY SITES
a. Communidata may provide hyperlinks to websites not controlled by Communidata (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and / or services of such target sites.
b. Communidata does not editorially control the content, products and / or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use or content available on or through target sites.
a. Communidata shall take all reasonable steps to secure the content of the Communidata website and the information provided by and collected from Users from unauthorised access and / or disclosure. However, Communidata does not make any warranties or representations that content shall be 100% safe or secure.
b. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act – http://www.acts.co.za/ect_act/ -and
the requirements for a valid electronic invoice issued by the South African Revenue Service from time to time, if applicable, Communidata is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the Communidata website.
c. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Communidata website or the server and computer network that support the Communidata website.
d. Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code
to the Communidata website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Communidata harmless against any and all liabilities, damages, risks and losses that Communidata and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
e. Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the Communidata website and Communidata reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
f. Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act –
http://www.acts.co.za/ect_act/ – shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and / or incurred by Communidata and its partners / affiliates due to or related to these illegal actions.
12. DISCLAIMER AND LIMITATION OF LIABILITY
a. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, – http://www.acts.co.za/ect_act/ – if applicable, and as far as allowed by law, Communidata (including its shareholders, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from: i. access to the Communidata website;
ii. access to websites linked to the Communidata website;
iii. inability to access the Communidata website;
iv. inability to access websites linked to the Communidata website;
v. content available on the Communidata website;
vi. services available from the Communidata website;
vii. products available from the Communidata website;
viii. downloads and use of content from the Communidata website; and / or
ix. any other reason not directly related to Communidata’s gross negligence.
b. Communidata website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with the Communidata, that the content available from and through the Communidata website meet the User’s individual requirements and is compatible with the User’s computer hardware and / or software.
c. Information, ideas and opinions expressed on the Communidata website should not be regarded as professional advice or the official opinion of Communidata, and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Communidata website.
d. Communidata does not make any warranties or representation that content and services available from the Communidata website shall in all cases be true, correct or free from any errors. Communidata shall take all reasonable steps to ensure the quality and accuracy of content available from the Communidata website.
e. Communidata does not make any warranties or representations that the Communidata website shall be available at all times. Users acknowledge that the Communidata website may be unavailable due to updates or other causes beyond the reasonable control of Communidata, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.
a. Communidata does not edit or scan comments posted by the User or e-mails from the User to Communidata or the
Communidata website and shall not be liable for any defamatory, illegal, infringing, hateful, pornographic or harmful postings.
b. Users use the forum service at their own risk and indemnify Communidata against any liability, loss and / or damage resulting from a User’s postings.
14. REMOVAL AND CORRECTION OF CONTENT
a. Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and / or harmful content available from the Communidata website to Communidata and Communidata undertakes to correct and / or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
15. INTERCEPTION OF COMMUNICATIONS
a. Subject to the provisions of the Regulation of Interception of Communications and Provision of Communication-related Information Act, Act 70 of 2002 (RIC), the User agrees to Communidata’s right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act – http://www.acts.co.za/ect_act/) sent or posted by the User to the Communidata website,
its staff and employees. The RIC Act may be downloaded from: http://www.info.gov.za/acts/2002/a70-02/.
There is also a copy on the http://www.acts.co.za web site at
b. The User agrees and acknowledges that the consent provided by the User in clause 15.a satisfies the “writing” requirement as detailed in the ECT Act – http://www.acts.co.za/ect_act/ – and the RIC Act – http://www.info.gov.za/acts/2002/a70-02/.
16. ENTIRE AGREEMENT AND SEVERABILITY
a. These terms and conditions constitute the entire agreement between Communidata and the User and shall take precedent over any disclaimers and / or legal notices attached to any communications and / or postings received by Communidata from the User.
b. Any failure by Communidata to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
c. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
17. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
a. The User and Communidata agree that:
i. the User shall be bound to these term and conditions and such agreement is concluded in Boksburg (South Africa) at the time the User enters the Communidata website for the first time;
ii. data messages (as defined in the ECT Act – http://www.acts.co.za/ect_act/) addressed by the User to Communidata shall only be deemed to have been received if and when responded to or when receipt is acknowledged. Notwithstanding section 23(1)(b) of the ECT Act – http://www.acts.co.za/ect_act/, Communidata shall not be deemed to have received a data message if such data messages are blocked and / or filtered and / or destroyed by Communidata’s content filtering and virus security systems;
iii. data messages (as defined in the ECT Act – http://www.acts.co.za/ect_act/) addressed to the User by Communidata shall be deemed to be received by the User as detailed in section 23(1)(b) of the ECT Act –
iv. data messages (as defined in the ECT Act – http://www.acts.co.za/ect_act/) addressed to the User by Communidata shall be deemed to be sent from the location(s) as detailed in section 23(1)(c) of the ECT Act –
v. data messages (as defined in the ECT Act – http://www.acts.co.za/ect_act/) addressed by the User to Communidata shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa; and
vi. electronic signatures, encryption and / or authentication are not required for valid electronic
communications between the User and Communidata.
19. APPLICABLE AND GOVERNING LAW
The Communidata website is hosted, controlled and operated from the Republic of South Africa and therefore, subject to the expedited rules of the Arbitration Foundation of Southern Africa – refer to Alternative dispute resolution, listed in Clause 7.6 of this Website Terms and Conditions – the South African law enforced by the South African courts governs the use or inability to use the Communidata website, its content, services, products and these terms and conditions.
20. LEGAL COSTS
Communidata shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
COPYRIGHT © 2010. COMMUNIDATA CC. ALL RIGHTS RESERVED. PRINTING AND SAVING ALLOWED. THIS DOCUMENT IS ENCRYPTED TO MAINTAIN ITS INTEGRITY AND TO PREVENT UNAUTHORISED CHANGES.