1. WEBSITE TERMS AND CONDITIONS OF USAGE
The User’s (Your) usage of the online information services contained on the Website constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising obligations towards Cellfind. You will be subject to the Terms and Conditions of Usage in force at the time that you use the website. This agreement was last revised on 15 April 2011. You are advised to regularly check these Terms and Conditions for any amendments or updates.
1.1 Limited Liability of Cellfind: The User understands, acknowledges and agrees that usage of the Website is at the sole discretion and risk of the User. Cellfind reserves the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to: content, hours of availability, equipment needed for access or use of the Website and products made available for purchase. Notwithstanding the effort placed on maintaining the availability and accessibility of the Website, Cellfind takes no responsibility for, and will not be liable for the Website being temporarily unavailable or inaccessible for whatever reason. You accept and agree that Cellfind may prohibit Your further use of the Website at its sole discretion, with or without notice.
1.2 No Warranty: The information contained on the Website is provided by Cellfind and/or its partners, affiliates, members, suppliers or agents without warranty of any kind, expressed 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 Cellfind: You agree to defend, indemnify and hold Cellfind, its officers, directors, members, employees, agents, licensors, and suppliers harmless from and against any claims, damages, actions and liabilities including without limitation: loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website any reasonable legal and/or accounting fees, resulting from, or alleged to result from Your use of this Website.
1.4 Unauthorised Use of the Website: The User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of Cellfind or third parties, use which is unlawful, defamatory or otherwise objectionable or offensive in the discretion of Cellfind or which constitutes advertising of goods or services in the absence of written approval from Cellfind. Unauthorised use of this Website may give rise to Cellfind instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
1.5 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 Cellfind endorses the website(s) linked to. You agree that Cellfind 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 and/or document without Cellfind’s prior consent in writing, in which case the terms of Your linking to the Website shall be governed by the terms of Your “Linking Agreement” with Cellfind
1.6 Applicable Law and Jurisdiction: This Agreement shall be governed by and be interpreted in accordance with the law of South Africa. Any dispute regarding this Agreement that cannot be resolved between the Parties, shall 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 in Johannesburg.
1.7 Severability: 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.
1.8 Website Intellectual Property: This Website constitutes software and content (such as: images, text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of Cellfind and/or various third parties and subject to the relevant intellectual property laws. Further and to the extent that Cellfind does not own specific content or such content falls within the public domain, Cellfind may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No rights and/or license to Cellfind’s intellectual property or the intellectual property of third parties have been granted to You, unless otherwise indicated. The software and content may not be used in violation of the intellectual property rights of Cellfind and/or such third parties as applicable. Without limitation on the prohibitions placed on the User, the User expressly agrees not to:
1.8.1 commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website content without the prior written approval of Cellfind or in the case of third party content, the owner of that content;
1.8.2 claim or convey ownership of Website content either in its entirety or otherwise;
1.8.3 modify the Website content for the purposes of reposting to other websites;
1.8.4 alter or remove any trademark, copyright or other notice from the Website content;
1.8.5 copy or otherwise incorporate Website content into or store in any other website, electronic retrieval system, publication or other work in any form; and/or
1.8.6 frame the Website or any part of the Website.
1.9 Unsolicited Commercial Communications: You agree not to collect or use any Personal Information of Users of the Website, contributors to the Website and/or customers of Cellfind for the purposes of transmitting and/or facilitating in the transmission of unsolicited commercial communications (“SPAM”).
2. CELLFIND REGULATORY INFORMATION
The following table contains further information on Cellfind and represents the information that must be provided by Cellfind to You in compliance with Section 43 of the Electronic Communications and Transactions Act. This section of the Website Legal Notice was last revised on 15 April 2011. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.
1. The full name of Cellfind: Cellfind (Pty) Ltd, being a private company registered and incorporated in terms of the Companies Act (61 of 1973) of South Africa. Cellfind is a subsidiary of Blue Label Telecoms Limited
2. Cellfind’s physical address and telephone number: 142 16th Road, Midrand
+27 (0) 11 848 8200
3. Cellfind’s Website address and e-mail contact address: http://www.cellfind.co.za/
4. Membership of any self-regulatory or accreditation bodies to which Cellfind belongs or subscribes: Wireless Applicators Service Providers Association (WASPA)
5. Code of Conduct to which Cellfind subscribes and how that code of Conduct may be accessed electronically: Wireless Applicators Service Providers Association (WASPA)
6. The registration number of Cellfind: 2003/020255/07
7. The place of registration: South Africa
8. The names of Cellfind’s Directors: A Roussos; GD Harlow; MS Levy; JD Barnard; J Swanepoel (Managing); DD Fraser
9. The physical address where Cellfind will receive legal service of documents: 142 16th Road, Midrand
10. Description of the main characteristics of the products or services offered by Cellfind: Cellfind is an accredited wireless application service provider providing products via MTN; Cell C, Vodacom and Telkom Networks. Services range from basic network services to specialised Location Based Services.
11. Alternative Dispute Resolution Code: You agree that in the event of a dispute or alleged breach of the terms hereof You will work together with Cellfind in good faith to resolve the matter internally by escalating it to higher levels of management prior to resorting to arbitration.
3.1 Privacy Laws:
3.1.1 Cellfind endeavours to comply with all laws and regulations including the 1996 South African Constitution and other legislation providing for privacy. As such, Cellfind seeks to ensure the quality and accuracy of personal information in its possession and that such information is processed in accordance with South African law.
3.2 The information we collect:
3.2.1 Cellfind and/or its authorised technology agents automatically collect information about Your visit to the Website. This information is used to make Your visit to the Website more efficient, and analysis thereof facilitates improvements made to Your experience of the Website.
3.2.2 Our external Website hosting agents and service providers may also automatically log Your “IP address” which is a unique identifier for Your computer and/or other access device. The Information collected is for aggregation purposes only, and the Information collected by Cellfind cannot be used to identify You personally.
3.2.3 Further and to the extent necessary, for the provision of Cellfind services, Cellfind may utilise Your Personal Information/Personal Information of your contacts where applicable. Personal Information is defined as per section 1 of the Promotion of Access to Information Act (No. 2 of 2000). Cellfind will only share your Personal Information with third parties involved in the provision of the Website and services to You and where required to do so by law.
3.2.4 Cellfind will not sell, lease, rent, trade or disclose any Personal Information to third parties other than required for the provision of their services and in the ordinary course of business.
3.2.5 You agree that Your submission of Your Personal Information indicates Your willingness for such information to be used as discussed herein.
3.3 Handling of Your Personal Information:
3.3.1 In the event that You submit Personal Information, such information shall be handled in accordance with the laws pertaining to the handling of Personal Information in South Africa.
3.3.2 To prevent unauthorised access, maintain data accuracy and ensure the appropriate use of information, Cellfind has in place policies and procedures to protect the Personal Information Cellfind collects about You.
3.3.3 Users acknowledge that records relating to the provision of services and Personal Information may be required to be retained in terms of law, operational purposes and for evidential reasons by Cellfind and Users expressly agree to such retention and necessary access to such records by authorised Cellfind persons.
3.3.4 Your contact information and the contact information of third parties submitted by You may also be used for communications such as marketing and distribution of newsletters with You and/or such third parties. This information may include, without limitation: names, e-mail addresses and/or the name of the respective person’s company.
3.3.5 Cellfind processes personal information relating to the physical, geographical location (“Location Information”) of You and Your contacts (third parties) through its location based services. In receiving such services, You permitting third party access to Your Location Information through software, widgets or peripheral components you choose to download, add or attach to your wireless device or through web access, messaging capabilities or other means and You warrant the consent of Your contacts to collect, use and disclose the Location Information of such persons to You.
3.3.6 You agree that your submission of your information indicates Your willingness for Your information to be used as discussed above.
3.3.7 In addition to the privacy policies described here, please note that there are some additional privacy practices that apply only for specific services.
3.4 Disclosure of Personal Information: Cellfind may disclose Personal Information
3.4.1 to comply with the law or with legal process;
3.4.2 to protect and defend Cellfind’s rights, equipment, facilities, and other property;
3.4.3 to protect Cellfind against misuse or unauthorised use of the Website; and/ or
3.4.4 to protect other Website Users or third parties affected negatively by Your use of the Website.
4. SERVICES AND FEES
In this section the following terms shall have the following meanings:
“Communications” means a data message between Yourself and a Network that is transmitted by Cellfind;
“Fees” means the fees and charges to be paid to Cellfind in respect of the Services rendered to You;
“Network” means a mobile cellular network service provider designated for purposes of delivery of the Services;
“Services” means the Communication related services offered by Cellfind in conjunction with the Networks (as may be specified on this website) made available to You by Cellfind pursuant to your usage of such Services;
“Subscriber” means a subscriber to a Network that receives or sends Communications to You via the Services;
“Subscriber Charges” means the charges that may be applied to Subscribers by a Network to transmit Communications pursuant to a Service rendered, and;
“UserID” means the mechanisms used by Cellfind to grant access to the and that are issued to You by Cellfind that remain valid and have not expired or been deactivated by Cellfind.
4.1 Cellfind offers Services to You as may be set out on this website. Your use of this website and Services are inter alia subject to these terms and conditions. By electing to make use of the Services and/or this website You agree to be bound by these terms and conditions.
4.2 Should You make use of the Services You shall be liable at all relevant times to make payment to Cellfind of Fees for usage of such Services. Fees applicable to the Services shall be stipulated by Cellfind and failing such stipulation such Fees shall be charged to yourself at Cellfind’s standard prevailing rates applicable to such Services and the standard bearer fees charged by the applicable Network for Your Communications over the particular Services. In addition, Subscriber Charges may be charged to Subscribers by the Networks for participating in the Services at applicable rates.
4.3 Cellfind may increase the Fee rates, at any time without notice to the Yourself, and in accordance with any additional and/or unexpected price increases and/ or increases in the Consumer Price Index and/or additional costs and/or charges Cellfind may incur from either Regulators and/or Networks and/or other third parties, from time to time, provided that Fee rates will not be increased by a higher percentage than the percentage increase made by Cellfind generally offered to its clients similar to You.
4.5 Fees shall exclude all taxes, duties, tariffs, rates, levies and other governmental charges payable in respect of the rendering of the Services, which shall be payable by Yourself in addition, whether directly to the appropriate taxing authority or by reimbursing Cellfind.
4.6 Amounts invoiced to Yourself by Cellfind shall be payable within 30 (thirty) days by way of debit order, direct deposit or electronic transfer into Cellfind’s bank account. You may not withhold or defer payment of any amount owing to Cellfind and payments which are not received when payable shall bear interest at the prime rate of interest charged by Cellfind’s bankers at which the its bank account is held.
4.7 Cellfind reserves the right to limit, alter, suspend and/or terminate Your access to the Cellfind Services for (i) non-payment of any amount and/or invoice that is due, owing and/or payable ;(ii) if such Services are used unlawfully or in an abusive, infringing or harmful manner; (ii) if the Services are not available via the relevant Network; (iv) if Your usage of the Services detrimentally impacts on the integrity or functioning of the Cellfind Services, and/or; (v) if these terms are breached by Yourself.
4.8 Should your account for usage of the Services be in arrears and Cellfind, in its sole and absolute discretion, elects to recover same from You, You shall be liable for payment to Cellfind of any and all interest on the outstanding amount and/or any and all costs incurred by Cellfind associated with such recovery, including but not limited to, attorney and own client costs.
4.9 You shall at all relevant times be responsible for any and all activity on your account. You will ensure that any UserID issued to You to enable access to the Services is kept confidential and is not made known to or used by unauthorised persons or any other third party. You shall be responsible for all Communications submitted using the UserIDs issued to You and may not permit the access and/or use of a Service by any third party save with the express authorisation of Cellfind in writing.
4.10 All Cellfind’s rights are hereby expressly reserved to the full extent of the law.