Website Terms and Conditions of Use

PLEASE READ THIS DOCUMENT VERY CAREFULLY AS THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE ON ALL PERSONS WHO ACCESS THE INTERTEL WEBSITE OR ANY PART THEREOF IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002.

website terms of use

Warranty of Capacity to Contract

  1. YOU HEREBY WARRANT TO INTERTEL THAT YOU HAVE THE REQUIRED LEGAL CAPACITY TO ENTER INTO AND BE BOUND BY A CONTRACT. MINORS MUST BE ASSISTED BY THEIR LEGAL GUARDIANS WHEN READING THESE TERMS AND CONDITIONS. IF YOU ARE UNSURE WHETHER YOU HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACTS, PLEASE SEEK LEGAL ADVICE BEFORE CONTINUING TO USE THIS WEBSITE.
  2. IF YOU DO NOT AGREE WITH ANY PROVISION CONTAINED IN THESE TERMS OF USE, YOU MUST STOP USING OR ACCESSING THIS WEBSITE IMMEDIATELY.

Acceptance of Terms of Use

  1. Use of this website (the "Intertel Website") is entirely at your own risk.
  2. The Intertel Website which is located at the domain, intertel.co.za, is made available to you by Intertel conditional upon your acceptance, without modification, of these Terms of Use as amended from time to time.
  3. The terms and conditions set out below apply to every person who uses, accesses, refers to or views the Intertel Website ("you" or "your"). Your access to and use of the Intertel Website constitutes your agreement to and acceptance of these Terms of Use.

Modification of Terms of Use

  1. Intertel reserves the right, in its sole discretion, to amend (including without limitation, to modify, add to or remove from) portions or the whole of the Terms of Use at any time and from time to time without notice to you.
  2. Any such amendments shall come into effect immediately and automatically.
  3. You undertake to review these Terms of Use regularly, and prior to your further use of the Intertel Website, for any such amendments, and you acknowledge and agree that your continued use of the Intertel Website after such amendment has come into effect will automatically bind you to those amended Terms of Use.

Definitions

The following terms shall have the corresponding meanings assigned to them:

  1. "Intellectual Property" means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by Intertel on or in connection with the Intertel Website.
  2. "Know-How" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by Intertel in connection with the Intertel Website, as well as, all available information regarding marketing and promotion of the products and services described in the Intertel Website, as well as all and any modifications or improvements to any of them.
  3. "Website Material" means the contents of the Intertel Website, including without limitation, any and all information, data, documents, Intellectual Property, material, images, media, products (including software) or services contained in, accessed through, or downloaded or obtained from the Intertel Website.

Interpretation

  1. Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:
    • defined in these Terms of Use will bear the same meaning throughout these Terms of Use;
    • Not defined in these Terms of Use but defined in the Electronic Communications and Transactions Act 25 of 2002 (the "ECT Act") will bear the same meaning given to them in the ECT Act.
  2. The headings used in these Terms of Use are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the whole or any part of these Terms of Use.
  3. Any reference herein to the singular includes the plural and vice versa.
  4. Any reference to Intertel will include the principals, employees, officers, advisers, service providers, suppliers and content providers of Intertel.
  5. No term or provision contained in these Terms of Use is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 to any natural person who enters or intends entering into an electronic transaction with Intertel on this website.
  6. References to "writing" or notices "in writing" by Intertel in these Terms of Use only includes writing on paper signed in ink by an authorized representative of Intertel and specifically excludes any writing which may be in electronic form.
  7. Any reference in these Terms of Use to a party shall, if such party is liquidated or sequestrated, be applicable also to and binding upon that party's liquidator or trustee, as the case may be.

Other Terms and Conditions

  1. Certain products and/or services offered by Intertel, or available to you via the Intertel Website, may be subject to additional terms and conditions specific to those products and/or services.
  2. To the extent that those additional terms and conditions conflict with these Terms of Use, then those additional terms and conditions shall take precedence.

Intellectual Property

  1. The Intertel Website is copyrighted, and all rights are reserved.
  2. The Intellectual Property is either owned by Intertel or used under license or with permission. Trade Marks displayed on the Intertel Website are either trade marks owned by Intertel, used by Intertel under license or permission, or belong to their respective owners. You may not copy, reproduce, display or use any Intellectual Property in any manner whatsoever without Intertel's prior written permission and nothing contained on the Intertel Website should be construed as granting any license or right of use of any Intellectual Property.
  3. Where any of the Website Material has been licensed to Intertel or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such terms and conditions.
  4. You acknowledge that any licenses and/or permissions granted in terms of these Terms of Use or any subsequent agreement are provided on a non-exclusive and non-transferrable basis, and may at any time, and at Intertel’s sole discretion, be terminated or cancelled, without reason.

Permitted and Acceptable Use

  1. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of the Intertel Website.
  2. Subject to the provisions of these Terms of Use and subject to Clause 8 Below, you may only download, view and print the Website Material restrictively for your own personal use and only for non-commercial or educational purposes. This permission does not extend to the source code of this website or to the source code of any software or computer program that forms part of the Website Material.
  3. You may not alter, modify, decompile, reverse-engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the Website Material.
  4. You may not use the Intertel Website or the Website Material for any illegal or unlawful purposes or as prohibited by these Terms of Use.
  5. You may not link to any page on the Intertel Website or frame the Intertel Website or any of the pages on the Intertel Website in any way whatsoever without the prior written permission of Intertel.
  6. You must obtain Intertel's prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any Website Material, whether electronically or otherwise. Unless the relevant additional terms and conditions provide otherwise, requests for approval must be submitted to This email address is being protected from spambots. You need JavaScript enabled to view it.. Intertel is entitled, in its sole discretion, to withhold or grant consent and may also impose any conditions on any consent which is granted. You may not transfer any rights or obligations in terms of these Terms of Use to any other person or entity.
  7. To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Website Material may be expressly permitted by Intertel (such permission to be interpreted in its most restrictive sense) you may do so, provided that all Trade Marks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original are retained and displayed without alteration or modification and not in any manner obscured or removed.
  8. You may not print any part of the Intertel Website or the Website Material, except where Intertel expressly states that you may do so. When printing the website or the Website Material, you must ensure that the Intertel's copyright notice appears on every page that is printed.
  9. You acknowledge that you do not acquire any ownership rights or rights of use in or to any Website Material by downloading that Website Material or by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Website Material where permitted to do so.

Unacceptable and Prohibited Use

  1. You may not use the Intertel Website to obtain or distribute:
    • copyrighted material or material protected by laws relating to intellectual property rights without the permission of Intertel;
    • material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
    • material which is defamatory, unlawful or contains hate speech; or
    • Bulk e-mail, whether solicited or unsolicited.
  2. You must not interfere with or jeopardize the functionality or the operation of any part of the Intertel Website or attempt to interfere with or jeopardize, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of the Intertel Website or of the Website Material.
  3. You are strictly prohibited from using this website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming".
  4. You may not intercept any information transmitted to or from Intertel or the Intertel Website which is not intended by Intertel to be received by you.
  5. Apart from bona-fide search engine operators, you may not use, or attempt to use any technology, scripts or applications (including but not limited to web crawlers, web spiders, website copiers, offline browsers, or search engine hacks) to search for, collect, harvest, mirror or cache any Website Material from the Intertel Website for any purpose, without the prior written consent of Intertel.
  6. If you obtain or use any Website Material in breach of the provisions contained in these Terms of Use, then Intertel reserves the right to:
    • Claim damages from you;
    • Institute criminal proceedings against you.

Passwords

  1. You may choose or be allocated a username and password (your "Login Details") in order to enable you to gain access to certain parts of the Intertel Website or the Website Material. Intertel may, in its sole discretion, at any time and for any reason revoke your Login Details and consequently your access to certain parts of the Intertel Website or the Website Material.
  2. You must keep your Login Details secret and confidential.
  3. You must immediately notify Intertel in writing if the secrecy or confidentiality of your Login Details is compromised or if your Login Details are disclosed to any unauthorized person. The Intertel Website’s administrator may be contacted at This email address is being protected from spambots. You need JavaScript enabled to view it..
  4. You must only use your Login Details in order to use the Intertel Website for the permitted use.
  5. Intertel may, in its sole discretion, at any time and for any reason change your Login Details or require you to change your Login Details. You will be notified of any changes made or required to your Login Details on the Intertel Website.
  6. You will be responsible and wholly liable for any use or misuse of your Login Details. Any actions or omissions committed through the use of your Login Details will be considered to have been committed by you. You specifically indemnify Intertel for any claim, liability, damage or loss arising as a result of the use or misuse of your Login Details.

Online Purchases

  1. In terms of Section 42 of the ECT Act, any Website Material, specifically any products and/or services available from Intertel or via the Intertel Website are exempt from Section 44 of the ECT Act (i.e. there is no cooling off period) as these are products that by reason of their nature cannot be returned and services that have begun with your consent before the end of the seven-day cooling off period referred to in section 44(1) of the ECT Act.
  2. Please note that Intertel does not provide any refund or exchange policy in respect of any purchase of Website Material, including any products and/or services purchased or obtained from Intertel or made available via the Intertel Website, as these goods and services are of a highly specific, personal nature and are not capable of being returned by you.
  3. Please note that due to the nature of the goods and services provided by Intertel, Intertel does not provide any guarantee or warranty in respect of the goods or services purchased from Intertel or via the Intertel Website.

Changes to the Intertel Website and Removal of Access

  1. Intertel may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, product, service or information contained on the Intertel Website at any time without any prior notice to you.
  2. Intertel may also impose limits on certain features and services or restrict your access to any or all of the Intertel Website or Website Material without notice or liability.

Disclaimers and Limitations of Liability

  1. The Intertel Website, including all Website Material, is provided "as is" and "as available". Intertel will not be liable for the unavailability, interruption, downtime, malfunction, or failure of the Intertel Website or the Website Material for any reason whatsoever.
  2. Your use of the Intertel Website and reliance on any Website Material, including information, products and services which may be obtained via the Intertel Website is entirely at your own risk, and on your understanding and agreement that you will assume full responsibility for any damages, loss or liability of any nature incurred by whomever as a result of your access, inability to access, use, non-use, misuse or abuse of the Intertel Website or any part thereof, including but not limited to the Website Material, Websites linked to the Intertel Website, Content, Products and Services available from the Intertel Website.
  3. INTERTEL WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, DELICT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO THE USE OF THIS DOCUMENT OR INFORMATION.
  4. SUBJECT TO SECTIONS 43(5) AND 43(6) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 AND TO THE FULLEST EXTENT POSSIBLE UNDER LAW, INTERTEL SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE, OR REASONABLE RELIANCE UPON THIS WEBSITE OR THE SERVICES OR CONTENT PROVIDED FROM AND THROUGH THIS WEBSITE.
  5. SUBJECT TO THE PROVISIONS OF THE ECT ACT, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INTERTEL DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS OR SUITABILITY OF THE INTERTEL WEBSITE, THE WEBSITE MATERIAL OR ANY INFORMATION CONTAINED IN IT.
  6. Intertel does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to or distributed through the Intertel Website or the Website Material. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. Intertel reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Intertel Website and the Website Material.
  7. Information, ideas and opinions expressed on the Intertel Website and in the Website Material should not be regarded as professional advice or the official opinion of Intertel and you are strongly advised to seek professional advice before taking any course of action related to them.
  8. Whilst Intertel takes reasonable precautions in its operation of the Intertel Website, neither Intertel nor its agents or representatives will assume any responsibility and neither Intertel nor its agents or representatives (in whose favour this constitutes a stipulatio alteri) shall be liable for any damages to or for viruses that may infect your computer equipment or other property on account of your access to, use of or browsing of the Intertel Website or the Website Material or your downloading of any materials, data, text images, video or audio from the Intertel Website or the Website Material. Any material downloaded or otherwise obtained through the use of the Intertel Website or the Website Material is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  9. You acknowledge that any information contained in the Intertel Website or the Website Material may not be accurate or complete, and that the Intertel Website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this web site prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this web site. You further acknowledge that any assessment or reflection of the performance of any product and/or service available from the Intertel Website or the Website Material does not mean that such performance will be repeated or should be relied upon in any way.
  10. YOU AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER, INCLUDING AS A RESULT OF INTERTEL'S NEGLIGENT (INCLUDING GROSSLY NEGLIGENT) ACTS OR OMISSIONS OR THOSE OF ITS SERVANTS, AGENTS OR CONTRACTORS OR OTHER PERSONS FOR WHOM IN LAW INTERTEL MAY BE LIABLE, SHALL INTERTEL OR ITS SERVANTS, AGENTS OR CONTRACTORS OR OTHER PERSONS FOR WHOM IN LAW INTERTEL MAY BE LIABLE (IN WHOSE FAVOUR THIS CONSTITUTES A STIPULATIO ALTERI) BE LIABLE FOR ANY INDIRECT, EXTRINSIC, SPECIAL, PENAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS, DAMAGE OR DAMAGES OF ANY KIND WHATSOEVER OR HOWSOEVER CAUSED (WHETHER ARISING UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE), INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPERATION TIME, CORRUPTION OR LOSS OF INFORMATION OR DATA AND/OR LOSS OF CONTRACTS SUSTAINED BY YOU, YOUR DIRECTORS, SERVANTS, DEALERS OR CUSTOMERS, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE INTERTEL WEBSITE OR THE WEBSITE MATERIAL.

Indemnity

YOU HEREBY INDEMNIFY INTERTEL AND ITS OFFICERS, PRINCIPALS, EMPLOYEES, SERVANTS, AGENTS OR CONTRACTORS OR OTHER PERSONS FOR WHOM IN LAW INTERTEL MAY BE LIABLE (IN WHOSE FAVOUR THIS CONSTITUTES A STIPULATIO ALTERI) FROM ANY LOSS, DAMAGE, DAMAGES, LIABILITY, CLAIM OR DEMAND DUE TO OR ARISING OUT OF YOUR USE OF THE INTERTEL WEBSITE OR THE WEBSITE MATERIAL OR YOUR BREACH OF THESE TERMS OF USE.

Links To and From External Websites

  1. Links to and from the Intertel Website to other websites belonging to or operated by third parties do not constitute an endorsement by Intertel of such linked websites or their contents nor do they constitute any association by Intertel with their owners or operators.
  2. Intertel has no control over such linked websites and is not responsible or liable for any content, goods or services available on or through any such linked websites or for any damage, damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such linked websites.
  3. You agree that where you access linked websites, you do so entirely at your own risk.

Dealings With Third Parties

  1. Your interaction, correspondence or business dealings with third parties which are referred to or linked to or from the Intertel Website are entirely at your own risk and are solely between you and such third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
  2. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with such third party.
  3. You agree that Intertel shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third parties.

Variation of Certain Deeming Providions in, and Agreement in Terms of Section 21 of, the ECT Act

  1. By using the Intertel Website, you agree that these Terms of Use create a binding agreement between Intertel and you, even though these Terms of Use are wholly or partly in the form of a data message.
  2. You agree specifically that:
    • The agreement will be treated as if it was concluded at Intertel's physical address detailed in "Legal Service of Documents and Notices" below on the date on which you first made any use of the Intertel Website;
    • An electronic signature is not required by you or Intertel for purposes of agreeing to these Terms of Use. You agree that by using the Intertel Website or the Website Material this will be sufficient evidence of your agreement to these Terms of Use;
    • Any data message sent by you to Intertel will be deemed to have been sent from Intertel's physical address detailed in "Legal Service of Documents and Notices" below if neither your usual place of business nor residence is located within the Republic of South Africa;
    • Any data message sent by Intertel to you will be deemed to have been received by you at Intertel's physical address detailed in "Legal Service of Documents and Notices" below if neither your usual place of business nor residence is located within the Republic of South Africa;
    • A data message sent by you to Intertel will only be treated as having been received by Intertel when an acknowledgement of receipt is sent by an individual who had authority to act on behalf of Intertel in respect of that data message; and
    • If you do not receive a response within a reasonable period of time, then it shall be your duty to follow such matter up with Intertel. Intertel shall not be liable for any failure to respond.
    • A data message addressed to you by Intertel shall be deemed to have been received by you as detailed in Section 23(b) of the ECT Act.
  3. This agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and you agree to the jurisdiction of the courts of the Republic of South Africa.

Confidentiality of Data Messages

  1. Intertel does not wish to receive confidential or proprietary information from you through this website.
  2. Please note that any information or material sent to Intertel will be deemed NOT to be confidential.
  3. By sending Intertel any information or material, you grant Intertel an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and also agree that Intertel is free to use any ideas, concepts, know-how or techniques that are sent to it for any purpose.

Disputes

  1. In the event that any claim, matter or dispute arises between you and Intertel arising out of or in connection with your use of the Intertel Website, any agreements arising from your use of the Intertel Website, including any products or services offered or provided, the Website Material or these Terms of Use on any matter then the claim, matter or dispute may be finally resolved in accordance with the Expedited Rules of the Arbitration Foundation of South Africa by an arbitrator or arbitrators appointed by that foundation.
  2. The arbitration shall be held at Cape Town in the English language and shall be held immediately with a view to be completed within 21 (twenty one) days after it is demanded. You agree that the decision of the arbitrator in the arbitration proceedings shall be final and binding on you and may be made an order of court.
  3. Intertel reserves the right to deal with any claim, matter or dispute in a forum of its choice, which will include but will not be limited to, the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these Terms of Use. You agree that Intertel is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms of Use or your use of the Intertel Website or of the Website Material, in any Magistrates' Court in the Republic of South Africa having jurisdiction over you, even though the cause of action in question exceeds the jurisdiction of that court.
  4. Notwithstanding the above provisions, Intertel shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or to collect any outstanding debts due and payable by you to Intertel.

Governing Law

This website is hosted, controlled and operated from the Republic of South Africa. The parties agree that these Terms of Use shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.

Legal Service of Documents and Notices

  1. Intertel chooses the following addresses and contact details for service and/or receipt of any communications under these Terms of Use, whether in respect of court process, notices or other documents or communications of whatsoever nature and for any purpose:
    • Postal delivery: PO Box 714,Velddrif, 7365, Western Cape, Republic of South Africa
    • Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
    • Fax: 086 603 3086
  2. All notices to Intertel must be marked for the attention of Intertel. All notices of a legal nature or relating to legal proceedings must be delivered by registered post to Intertel's above postal address and also either delivered by hand to Intertel's above physical address or sent to Intertel's above fax number.
  3. Notices given to the above addresses will only be deemed to have been duly given:
    • 14 days after posting, if posted by registered post to Intertel's postal address;
    • 3 days after confirmed successful transmission, if sent to Intertel's fax number.

Severability

Any provision in these Terms of Use which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of Terms of Use, without invalidating the remaining provisions of these Terms of Use.

Privacy Policy and Terms of Engagement

You acknowledge that you have read and understood Intertel’s Privacy Policy and Terms of Engagement, the terms of which are incorporated into these Terms of Use.

Monitoring of Communications

You give your express consent for us to monitor your internet and e-mail traffic on the Intertel Website servers and domains. You acknowledge that Intertel monitors internet and e-mail traffic on these various website servers and domains primarily to ensure that surfers and consumers are not acting illegally, unlawfully or in breach of these Terms of Use and:

  1. To maintain the integrity and security of the Intertel Website and our information technology systems;
  2. To investigate and detect any unauthorized use of the Intertel Website and our information technology systems; and
  3. As an inherent part of and to secure the effective operation of the Intertel Website and our information technology systems.

Termination

If you breach any of these Terms of Use, Intertel may immediately, automatically and without notice to you, terminate your use of and access to the Intertel Website, and/or prohibit your future access to use of the Intertel Website, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of Intertel's rights in this regard are expressly reserved.

Costs

Any costs, including legal costs on the attorney and own client scale and value-added tax, incurred by Intertel arising out of your Use of the Intertel Website, the use of Intertel's services, products or the Website Material, or a breach of these Terms of Use, will be borne by you.

Whole Agreement

  1. These Terms of Use constitute the whole agreement between you and Intertel relating to your access to, and use of the Intertel Website.
  2. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms of Use which Intertel may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms of Use nor shall it constitute a waiver by Intertel of any of Intertel's rights and Intertel shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.