Terms and conditions of use of the Cellucity online service

Accessing any pages on this online service implies that you agree to the following terms and conditions of use of this online service.
These terms and conditions contain provisions which appear in a similar text style to this clause in order to draw your attention to such clauses because they:
may limit the risk or liability of Cellucity or a third party; and/or may create risk or liability for you; and/or may compel you to indemnify the Cellucity or a third party; and/or serve as an acknowledgement, by you, of a fact.

1. Disclaimer

1.1 Whilst every effort has been made by Cellucity (Pty) Ltd (“Cellucity”), and its suppliers of information, to ensure the proper performance of this online service, the accuracy of the information/images and the reliability of the binary data on this online service, Cellucity, its affiliated companies, suppliers, or any of their employees, do not, to the full ¬†extent permitted by law, guarantee the availability or accuracy of the services, content and/or information offered on this online service (“the Service/s”).

1.2 Cellucity makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the Services and the Services are thus used at your own risk. In particular Cellucity makes no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, secure or error free.

1.3 This site may contain hyper-links to third party sites. Cellucity 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 Cellucity 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.

2. Indemnification

2.1 To the full extent permitted by law, you indemnify and hold Cellucity harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages which arises directly or indirectly out of a breach of the terms of these terms and conditions by you or arising out of or in connection with the failure or delay in the performance of the Services or your ¬†use of the Services, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, or the use of the Services, other than in respect of losses caused by Cellucity’s gross negligence or intentional misconduct.

2.2 Without affecting the generality of 2.1 above, Cellucity shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to its network, termination of any licence to operate or use the network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond Cellucity’s control.

3. Use of services

3.1 You may only use the Services for lawful purposes and you warrant that you shall not:

3.1.1 use the Services to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;

3.1.2 use the Services for the transmission of “junkmail”, “spam”, “chain letters”, or unsolicited mass distribution of SMS;

3.1.3 other than for your personal and non-commercial use, store on your computer, or print copies of extracts from this site, and you may not, other than for your personal and non-commercial use, “mirror” or cache information provided via this site on your own server, or copy, adapt, modify or re-use the text or graphics from this site without prior written permission from Cellucity.

4. Electronic communications

All electronic communications, including any attachments thereto that are transmitted to you by Cellucity, shall be on the following terms and conditions:

4.1 Before any purported agreement, that has been negotiated either wholly or partly by electronic means, shall be considered binding on Cellucity, the following terms and conditions shall apply:

4.1.1 An advanced electronic signature, (as defined in the Electronic Communications and Transactions Act 25 of 2002), of a duly authorized member of the Board of Directors of Cellucity shall be required to be used and attached to any electronic communication containing any offer and/or acceptance by Cellucity, as the case may be.

4.1.2 Where Cellucity is acting as the offeror, the agreement shall be deemed to have been concluded at the time when and place where the acceptance of the offer was actually received by the Director so acting on behalf of Cellucity, and upon such Director expressly and manually acknowledging receipt of such acceptance.

4.1.3 An electronic communications shall be considered to have been sent by a Director as aforesaid only if: the Director sent it personally; or it was sent by a person who had the required authority to act on behalf of the said Director.
Any opinion or advice contained in electronic communications shall be subject to the terms and conditions contained in any governing agreement.
Cellucity is not responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
Whilst Cellucity does employ virus filtering, it provides no guarantees or warrantees that the electronic communication is virus-free.

5. Intellectual property rights

You acknowledge that Cellucity owns or is the licensor of the intellectual property rights in and to all Services contained herein, and that the unauthorised use thereof is expressly prohibited. The word or mark “Cellucity”, however represented, including stylised representation, all associated logos and symbols and combinations of any of the foregoing with another word or mark, used on this site, are the trademarks of Cellucity, or one of its affiliated companies.

6. Password and/or One Time PIN

If you have a password or One Time PIN (OTP) you undertake to keep it secure and warrant that no other person shall use the Services utilising your password or OTP, and you acknowledge further that you are responsible for ensuring that no unauthorised access to the Service is obtained using your password or OTP, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.

7. Termination and variation

To the full extent permitted by law, we reserve the right to alter, restrict and/or terminate the Services to you in particular, or to the public in general, without notice or reason, or to revise these terms and conditions, and/or the prices at which the Services are offered, at any time. Such changes will be posted on this site and will be deemed to have been accepted by you if you continue using the Services. The obligation therefore is on you to review these terms and conditions at regular intervals.

8. General

8.1 These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African Courts.

8.2 These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.

8.3 Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.

8.4 These terms and conditions, as varied by us from time to time pursuant to clause 8, above constitute the sole agreement between you and Cellucity.