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.
Warranty of Capacity to Contract
- 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.
- Use of this website (the "Intertel Website") is entirely at your own risk.
- Any such amendments shall come into effect immediately and automatically.
The following terms shall have the corresponding meanings assigned to them:
- "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.
- "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.
- "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.
- Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:
- Any reference herein to the singular includes the plural and vice versa.
- Any reference to Intertel will include the principals, employees, officers, advisers, service providers, suppliers and content providers of Intertel.
Other Terms and Conditions
- 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.
- The Intertel Website is copyrighted, and all rights are reserved.
- 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.
- 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.
Permitted and Acceptable Use
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- You are strictly prohibited from using this website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming".
- 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.
- 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.
- Claim damages from you;
- Institute criminal proceedings against you.
- 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.
- You must keep your Login Details secret and confidential.
- You must only use your Login Details in order to use the Intertel Website for the permitted use.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Links To and From External Websites
- 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.
- 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.
- You agree that where you access linked websites, you do so entirely at your own risk.
Dealings With Third Parties
- 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.
- You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with such third party.
- 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
- 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;
- 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.
- 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
- Intertel does not wish to receive confidential or proprietary information from you through this website.
- Please note that any information or material sent to Intertel will be deemed NOT to be confidential.
- 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.
- 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.
- 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.
Legal Service of Documents and Notices
- Postal delivery: PO Box 714,Velddrif, 7365, Western Cape, Republic of South Africa
- Fax: 086 603 3086
- 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.
- 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.
Monitoring of Communications
- To maintain the integrity and security of the Intertel Website and our information technology systems;
- To investigate and detect any unauthorized use of the Intertel Website and our information technology systems; and
- As an inherent part of and to secure the effective operation of the Intertel Website and our information technology systems.