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WEBSITE TERMS OF SERVICE
1. PARTIES AND USER ACCESS
  1. The parties to this agreement are you the user ("you") and the owners of this website being Mweb Resellers a Division of Mweb (Pty) Ltd ("Mweb Resellers" or "us").
  2. Your use of and access to this website will at all times be governed by the provisions of these terms and conditions and by using and/or accessing this website you accept fully all these terms and conditions and agree to be bound by and comply fully therewith.
  3. If you do not wish to be bound by and comply with these terms and conditions in full, please do not access and use this website.
2. OUR GENERAL TERMS
  1. You agree to adhere to generally acceptable user etiquette when accessing or using this website. Wherever we refer to the access to or use of this website it includes use of or access to any software, services, features or facilities on this website and all of these shall be regarded as "IP Services". Any reference to “website” in these terms and conditions shall include all Mweb Resellers social media sites, including Facebook and Twitter, Mweb Resellers Mobile sites and any other service or site owned by Mweb Resellers with a link to these terms and conditions.
3. COPYRIGHT AND TRADEMARKS
  1. Your access to this website and the information contained on it, does not in any way convey or transfer any right in or to the Intellectual Property Rights of Mweb Resellers or any other person in respect of data or information displayed or accessible from this website or in any of the trademarks, copyright, designs, patents, domain names, know-how, confidential information, trade secrets or any other Intellectual Property Rights which may vest in Mweb Resellers or in the author, compiler, creator or licensor of such information.
  2. All Mweb Resellers’ trademarks, logos, brands, domain names and other marks and intellectual property relating to accessible from, or occurring on this website, or any information contained or accessible from this website shall remain the sole and exclusive property of Mweb Resellers and the relevant authors, compilers, owners or licensors thereof ("Proprietors") and you undertake not to use, disseminate, or otherwise deal with such intellectual property without Mweb Resellers or the relevant Proprietor's written approval.
  3. Copyright and all other Intellectual Property Rights associated with any material available or accessible from this website including video and audio clips, news links and articles are owned by Mweb Resellers or the relevant Proprietors thereof.
  4. You may only use information and material retrieved, viewed, downloaded or otherwise obtained by viewing this website, for your own personal and non-commercial use and such information and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties unless the prior written consent of Mweb Resellers and the Proprietors have been obtained.
  5. You undertake not to change or delete any proprietary notices contained or displayed in any material, data or information downloaded or otherwise retrieved from this website.
  6. Under no circumstances must you attempt to reverse engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recordation or otherwise) any of the software material, information or content viewed, downloaded or otherwise retrieved from this website.
4. CONTENT AND USE OF SERVICES
  1. The content on this website is presented largely for information purposes only and nothing contained on this website is intended to be instructional or constitute advice of any kind unless this is clearly stated. Where advice is given (including advice provided during online communications) please do not place complete reliance on such advice but verify this for yourself and we cannot guarantee that such advice is or will be useful, correct or will work for you. Advice given by third parties on this website is not to be attributable to Mweb Resellers in any way.
  2. All information viewed or services used or accessed from this website are provided “as is” without any warranty, whether express or implied unless this is specifically imposed by law.
  3. Save to the extent expressly otherwise provided for, any services used or accessed from this website are available for your personal, non-commercial use only.
5. LINKS AND ADVERTISING
  1. Mweb Resellers may provide links to websites, web pages and other electronically accessible sites or services which are operated by third parties. Please use discretion when accessing such links.
  2. Mweb Resellers does not take responsibility for the content and/or services or products offered on third party sites or services which may be linked to this website and gives no warranty, guarantee and makes no representation in respect of such linked sites.
  3. This website may also contain advertisements, advertorials and other promotional content. This may include banners, pop-up windows, buttons, links and advertising sponsorships. Unless specifically otherwise indicated, Mweb Resellers does not endorse any product whose services are advertised or promoted on this website nor does Mweb Resellers make any representation or give any warranty in regard to the content, accuracy, suitability or fitness for purpose of any material, information or data contained in or linked to any advertisement on this website.
6. MWEB RESELLERS PORTAL
  1. Mweb Resellers grants you a non-exclusive right to access its portal.
  2. Access to the Mweb Resellers portal shall be through approved mechanisms, with a Client ID and password.
  3. You acknowledge that all information contained on the Mweb Resellers portal is confidential and you agree to take necessary steps to ensure that your Client ID and password is secure.
  4. You agree to notify Mweb Resellers if you suspect that there has been any unauthorised access to the Mweb Resellers portal, and you indemnify Mweb Resellers of any claims arising out of such unauthorised access to the Mweb Resellers portal.
7. PASSIVE COLLECTION OF INFORMATION
  1. As you navigate this website, anonymous information can be passively collected (that is, gathered without you actively providing the information) using various technologies including (without limitation), cookies, tracking, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream) to collect data on our users’ behaviour and their devices (e.g. device's IP addresses (captured and stored in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website. This is stored in a pseudonymized user profile. We do not use this information to identify individual users or to match it with further data on an individual user. Your Internet browser automatically transmits to this site or that of our service provider some of this anonymous information, including (without limitations) such as the URL of the website you just came from and the Internet Protocol (IP) address and the browser version your computer is currently using. This site may also collect anonymous information from your computer through cookies, tracking, and Internet tags or web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of this site might not work without cookies. You can opt-out to the creation of a user profile, storing of data about your usage of our site and the use of tracking and tracking cookies on other websites by following the instructions in your browser regarding disabling cookies or enabling the “do not track” option or the like.
  2. This passively collected anonymous information is used to understand user experience ( e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our services with user feedback and to provide better service to site visitors, customize the site based on your preferences, compile and analyze statistics and trends, and otherwise administer and improve the site for your use. We may use the information we collect in order to personalise offers and the website for our users (for example, recommend products or features to you based on what you have liked in the past).
  3. What is passively collected information?
    1. A "cookie" is a bit of information that a website sends to your browser that helps the site remember information about you and your preferences.
    2. "Session" cookies are temporary bits of information that are used to improve navigation, block visitors from providing information where inappropriate (the site "remembers" previous entries of age or country of origin that were outside the specified parameters and blocks subsequent changes) and collect aggregate statistical information on the website. They are erased once you exit your web browser or otherwise turn off your computer.
    3. "Persistent" cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (such as your age, which we use to personalize the web experience), helping to determine what areas of the website visitors find most valuable, and customizing the website based on your preferences on an ongoing basis. Persistent cookies placed by this site on your computer do not hold personally identifiable information. If you have registered or have otherwise consented to the retention of personally identifiable information you have provided to the site, then the contents of cookies may be used to identify you to the site, so that the site may provide you services, such as the ability to view premium content and the ability to post messages
    4. You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. To learn more about cookies and how to specify your preferences, please search for "cookie" in the "Help" portion of your browser.
    5. A site may use Internet Protocol (IP) addresses. The IP address can be used to diagnose problems with a server, report aggregate information, determine the fastest route for your computer to use in connecting to a site, and administer and improve the site.
    6. "Internet tags" (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell the website server information such as the IP address and browser type related to the visitor's computer. Tags may be placed both on online advertisements that bring people to the site and on different pages of the site. Such tags indicate how many times a page is opened and which information is consulted.
    7. "Navigational data" (log files, server logs, and clickstream data) are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors.
8. INFORMATION AND SECURITY
  1. You undertake to ensure and warrant to Mweb Resellers that all information, documentation, data and material provided or transmitted to Mweb Resellers via or on this website or through any software, services, features or facilities on this website will be accurate, truthful and current and you will be solely responsible for the content of such information, documentation, data and material.
  2. In the event that you have chosen or been provided with a username and/or password to access any part of this website, or any software, services, features or facilities on this website you are responsible to ensure the safeguarding and confidentiality of such username and password. We will be entitled to presume that it is you when your username and password is used unless you have immediately notified Mweb Resellers in writing if you have any reason to believe that the confidentiality of your username and password may have been compromised.
9. RICA AND LAWFUL INTERCEPTION OF COMMUNICATIONS
  1. Mweb Resellers 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") or any other law, be required to intercept, lock, filter, read, delete, disclose and use communications sent or posted via Mweb Resellers’ or the network operator’s network. Mweb Resellers 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 Resellers and/or a third party network operator performing any activity referred to in this clause where Mweb Resellers is obliged by operation of law to perform such acts.
10. INDEMNITY AND DISCLAIMER
  1. You hereby unconditionally and irrevocably indemnify Mweb Resellers and hold Mweb Resellers harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Mweb Resellers as a result of any claim instituted against Mweb Resellers by a third party (other than you) as a result of (without limitation):
    1. your access to or use of this website, any software, services, products, features or facilities offered on this website in a manner other than as allowed or prescribed; or
    2. any infringement by you of the Intellectual Property Rights of any third party; or
    3. any contravention by you of our AUP; or
    4. any other cause whatsoever relating to your access to or use of this website, any software, products, services, features or facilities offered on this website where you have acted wrongfully or failed to act when you had a duty to so act.
  2. Save to the extent otherwise provided for in these terms and conditions, any other agreement applicable or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, Mweb Resellers does not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any software, services, features or facilities offered on this website.
  3. Mweb Resellers shall not be liable for and you will have no claim of whatsoever nature against Mweb Resellers as a result of -
    1. the loss of or access to any usernames or passwords;
    2. any unavailability of, or interruption of access to or use of this website or any software, services, features or facilities offered on this website; and
    3. any suspension or termination of your access to or use of this website or any software, services, features or facilities offered on this website.
  4. In addition to and without prejudice to any other limitations of liability provided for in these terms and conditions or any other agreement and to the fullest extent permitted by applicable law, Mweb Resellers shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to these terms and conditions, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that Mweb Resellers is liable to you for any damages, Mweb Resellers’ liability to you for any damages howsoever arising shall be limited to the sum of R1000.00 (One Thousand Rand).
11. REMEDIES
Mweb Resellers reserves the right to take any action which it may consider appropriate in the circumstances to prevent or mitigate or recover losses or damages arising from the non-compliance with these terms and conditions and any liability or inconvenience whether perceived or otherwise for Mweb Resellers or its customers, suppliers or advertisers or otherwise cause Mweb Resellers to lose or suffer any inconvenience, harm or damages in any proprietary interest or goodwill or which may adversely affect access to or use of this website or any of the software, services, features or facilities offered on this website.
12. LAW TO APPLY
The provisions of these terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.
13. VARIATION
  1. Mweb Resellers reserves the right to change the content, presentation, format, performance, layout, facilities and services available or displayed on this website or any part thereof at its sole discretion and hereby disclaim all liability, losses, claims, damages or inconvenience which may be suffered by you as a result of such changes.
  2. Mweb Resellers may modify these terms and conditions at any time and such modification shall be effective immediately on the posting of such modifications and/or updates or changes on this website.
  3. It is your responsibility to regularly ensure that you are aware of any modifications and/or updates or changes.
14. SEVERABILITY
In the event that any of the terms of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be separable from the remaining terms and conditions, which shall continue to be valid and enforceable.