The SMS Messaging Services ("the Services") offered by SMSsouthafrica to you ("the customer") are governed by the following terms of service.
By accessing or using the services ("the Services") available on this web site ("this Site") you acknowledge and accept that you have read and understand and are bound by the contents of the following Terms and Service which apply to the use of the Services which are available on this Site or by way of links to this Site. If you do not understand or agree with, or do not wish to be bound by any of these terms and conditions you may not access or use this Service, and kindly terminate your access to this Site immediately.
The Service is not available to minors or any person who cannot legally agree to these Terms of Service.
By accepting these terms of service, you confirm that you are capable of entering into a binding agreement, and you must accurately complete the requested subscriber information. It is the responsibility of the legal parent or guardian to determine if the Services are appropriate for his/her child, and must provide verifiable consent for use of the Services.
SMSsouthafrica may unilaterally amend these terms of service from time to time, and such amendments shall be effective immediately upon posting of the modified agreement on this Site, and you agree that you are aware of all and any such amendments and bind yourself to the terms and conditions as may be in force at any time.
Neither SMSsouthafrica nor any service provider appointed by SMSsouthafrica shall be held responsible for any injury, loss or damage of any kind whatsoever suffered or incurred by you or any user of the Services as a result of your access to this Site, utilisation of the Services or reliance on any information contained on this Site for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
1. Errors or discrepancies in the information provided.
2. Any unauthorised access of the Services by third parties.
3. Any breakdown` or failure of any equipment or medium of access to the Services.
4. Any failure or unavailability of any of SMSsouthafrica's or any third parties' facilities or systems resulting in the inability to process any transaction.
5. The destruction or accessing of your or any user's data or equipment.
6. Any alteration, modification, upgrade or update of the Services or any technology, hardware or software modification that may form part of the Services.
7. You hereby indemnify SMSsouthafrica and any service provider appointed by SMSsouthafrica against any demand, claim or action against it/them relating to or in connection with your access to this Site or your use of Services whether directly or indirectly for any reason whatsoever.
8. This agreement and all disputes, actions and other matters relating hereto shall be governed by and determined in accordance with the laws of the Republic of South Africa.
9. SMSsouthafrica may, without warning, terminate, change suspend, or discontinue this Service, including the availability of any features of this Site, at any time.
10. You using your username and password as identification shall initiate your use of the Services and access to members-only areas of this Site. You undertake to, and shall be responsible for maintaining the confidentiality of your password and shall notify SMSsouthafrica forthwith on becoming aware that the confidentiality of your password has or may have been compromised. By entering your username and password you legally bind yourself to honour all transactions performed by you on this Site. All activities performed under the credentials of your username and password is deemed as having performed by you.
13. You are not allowed to reproduce, duplicate, copy, adapt, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
14. You may not use the Services for any of the following purposes or in any of the following manners:
14.1 to impersonate or harass any other person;
14.2 to send any information that is or the disclosure of which would be libellous, abusive, threatening, false, fraudulent, misleading or obscene, that misappropriates or infringes any person's proprietary right;
14.3 to send any information that is or the disclosure of which would be libellous, abusive, threatening, false, fraudulent, misleading or obscene, that misappropriates or infringes any person's proprietary right;
14.4 that violates any persons right of privacy or publicity;
14.5 to send messages that contain any sexual, racist, or discriminatory content constituting, harassment of any individual or organization;
14.6 that constitutes or that violates any law, statute ordinance or regulation;
14.7 to intercept any communications not intended for you;
14.8 to release, post, distribute or execute any viruses or other harmful computer code
14.9 to transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any part;
14.10 to engage in transmission of unsolicited mass distribution of messages or any similar conduct.
15. SMSsouthafrica shall not be obliged to ascertain or provide the identity of the sender of any messages or content. Should you believe that you have received abusive, improper or immoral messages or content, SMSsouthafrica could at their discretion only in circumstances and where it is able to, ascertain the identity of the sender or such other information, and provide such information to the recipient.
1. SMSsouthafrica shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by any person who accesses or uses this website ("the User") as a result of the User accessing this website, utilising any service offered on this website or relying on any information contained on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
1.1 errors or discrepancies in the information provided;
1.2 any unauthorised access of this website by third parties;
1.3 any breakdown or failure of any equipment or medium of access to this website;
1.4 any failure or unavailability of any of SMSsouthafrica’s or any third parties’ facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website;
1.5 the destruction or accessing of the User’s data or equipment;
1.6 any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.
2. The User hereby indemnifies SMSsouthafrica against any demand, claim or action against SMSsouthafrica relating to or in connection with the User’s use or accessing of this website whether directly or indirectly for any reason whatsoever.
3. SMSsouthafrica reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.
4. Unless expressly stated to the contrary SMSsouthafrica owns the intellectual property rights in and to this website and the unauthorised use hereof is expressly prohibited.
Due to the nature of the Service, SMSsouthafrica cannot be held responsible for risks incurred through the use of the Service(s), as well as all risks associated with data security, privacy, availability and reliability of message processing and transmission. Thus, the customer is fully and exclusively liable for any and all risk resultant from the use of the Service(s).
The services and all information, products and other content (including third party information, products and content) included in or accessible from the SMSsouthafrica web site or the service, are provided "as is" and are subject to change at any time without notice to the customer.
To the fullest extent permitted by law, SMSsouthafrica disclaims all presentations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and other content (including third party information, products and content) included in or accessible from the SMSsouthafrica web site or the services.
In no event shall SMSsouthafrica or any of SMSsouthafrica's service providers be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of the SMSsouthafrica web site or the services, even if SMSsouthafrica has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise.
The customer is responsible for obtaining all devices and services necessary to enable access to the Service and the use of such Services.