Terms and Conditions
1.Website Terms & Conditions of Usage
1.1 Limited Liability of Smsmarketingsa:
The User understands, acknowledges and agrees that usage of the Website and Services is at the sole discretion and risk of the User. Smsmarketingsa reserves the right at any time to change or discontinue any aspect or feature of the Website or Services, including, but not limited to, content, hours of availability, products, Services offered and equipment needed for access or use the Website. Notwithstanding the effort placed on maintaining the availability and accessibility of the Website and Services, Smsmarketingsa takes no responsibility for, and will not be liable for the Website or Services being temporarily unavailable or inaccessible for whatsoever reason.
1.2 No Warranty:
The information contained on the Website and the Services provided via the Website is provided by Smsmarketingsa and/or its partners, members, suppliers or agents without warranty of any kind, express or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies.
1.3 Indemnification of Smsmarketingsa :
You agree to defend, indemnify and hold Smsmarketingsa, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or the Services; and any reasonable legal and accounting fees, resulting from, or alleged to result from your use of this Website or the Services.
1.4 Account at Smsmarketingsa:
Smsmarketingsa Website allows you to create an Account to use the Smsmarketingsa Services. You accept and agree that Smsmarketingsa may cease provision of the Services, and/or terminate your Account, delete your User content, cancel orders and/or prohibit your further use of the Website and/or Services at its sole discretion, with or without notice.
1.5 Usernames & Passwords:
To activate an Account with Smsmarketingsa, Users will be required to provide a username and password. This username and password will serve as your identification with regard to the Services provided by Smsmarketingsa. Should your username and/or password’s confidentiality have been compromised, you are to notify Smsmarketingsa immediately so that a new username and password may be issued to you. Smsmarketingsa accepts no liability for any transactions performed by third parties who come into the possession of your username and password.
1.6 Unauthorised use of the Website and Services:
The User is permitted to use the Website and Services for lawful purposes only. Unauthorised use of the Services and Website includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of Smsmarketingsa or third parties, for the purposes of distribution of defamatory, unsolicited, or otherwise objectionable, or offensive in the discretion of Smsmarketingsa. Unauthorised use of this Website may result in termination of your Account, and/or you may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages. The Services provided by Smsmarketingsa are not available to minors and minors may under no circumstances create Accounts. By using the Services provided by Smsmarketingsa, you confirm that you are capable of entering into a binding agreement, and you warrant that the information submitted by you in creating your Account is true and accurate.
1.7 Website Links:
From time to time this Website may include links to other websites. These links are provided for your convenience for the purposes of providing further information. Such links do not signify that Smsmarketingsa endorses the website(s) linked to. You agree that Smsmarketingsa shall have no responsibility or bear no liability in relation to the content of the linked website(s).You may not create a link to this Website from another website or document without Smsmarketingsa’s prior consent in Writing, in which case the terms of your linking to the Website shall be governed by the terms of a “Linking Agreement” with Smsmarketingsa.
1.8 Applicable Law and Jurisdiction:
This Agreement, the Services and the electronic communications and transactions conducted via the Website shall be governed by and be interpreted in accordance with the law of South Africa and the User consents to the jurisdiction of the KZN High Court in the event of any dispute. Any dispute regarding this Agreement or the Services that cannot be resolved between the Parties, shall however, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English. Access to the Website and use of the Services in territories or countries where this Website or the Services contained on it is illegal is strictly prohibited. The User may not use this Website in violation of South African export laws and regulations. Further and in addition to the compliance with the laws of South Africa, the User shall procure that any communications sent by the User through the Services of Smsmarketingsa shall in all instances (i) comply with the local laws of the recipient of such communications and (ii) not constitute a violation of such recipient’s rights.
If any provision of this Website Legal Notice is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website Legal Notice, which shall remain in full force and effect.
1.10 Website Intellectual Property:
This Website constitutes software, services and content (such as text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of Smsmarketingsa and/or various third parties and subject to the intellectual property laws of South Africa. Further, and to the extent that Smsmarketingsa does not own specific content or such content falls within the public domain, Smsmarketingsa may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No license to Smsmarketingsa’s intellectual property or the intellectual property of third parties has been granted to you unless otherwise indicated. The software, Services and content may not be used in violation of the intellectual property rights of Smsmarketingsa and/or such third parties as applicable. Without limitation on the prohibitions placed on the User, the User expressly agrees not to:
1.10.1 commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website content without the prior written of Smsmarketingsa or in the case of third party content, the owner of that content
1.10.2 the User agrees not to claim or convey ownership of Website content either in its entirety or otherwise
1.10.3 modify the Website content for the purposes of reposting to other websites
1.10.4 alter or remove any trademark, copyright or other notice from the Website content
1.10.5 copy or otherwise incorporate Website content into or store in any other web site, electronic retrieval system, publication or other work in any form
1.10.6 frame the Website or any part of the Website