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Terms & Conditions

IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE MOBIWAREHOUSE WEB SITE OR ANY PART THEREOF. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE MOBI WAREHOUSE WEB SITE WITHOUT DELAY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

DEFINITIONS AND INTERPRETATION

a) “The Mobi Warehouse web site” means the Mobi Warehouse web site owned and operated by Mobi Warehouse and located at http://www.mobiwarehouse.co.za, including any page, part or element thereof;
b) “Mobi Warehouse” means Tin Can CC, registration number 2009/025037/23.
c) “User” means any person who enters or uses the Mobi Warehouse web site, notwithstanding the fact that such a person only visits the home page of the Mobi Warehouse web site;
d) References herein to the singular includes the plural and vice versa; and
e) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational shall not play a role in determination of the validity and interpretation of these terms and conditions.

1. GENERAL

Mobi Warehouse is South Africa’s leading provider of cellular services to corporate employees.

2. ALLOWED USE AND LICENSE

2.1 Mobi Warehouse licenses the User to view, amend, download and print the content / details of the Mobi Warehouse web site, provided that such content is used for private, personal, educational and/or non commercial purposes only.
2.2 Content from the Mobi Warehouse web site may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Mobi Warehouse.
2.3 Users may only access, browse and use the Mobi Warehouse web site for legal purposes.
2.4 The caching of the Mobi Warehouse web site shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the Mobi Warehouse web site more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours;
2.4.4 The cached content is removed or updated when so required by Mobi Warehouse.
2.5 If any User uses content from the Mobi Warehouse web site in breach of the provisions detailed herein:
2.5.1 Mobi Warehouse reserves the right to claim damages from the User;
2.5.2 Mobi Warehouse reserves the right to institute criminal proceedings against the User; and
2.5.3 Mobi Warehouse shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the Mobi Warehouse web site from any other source shall be directed at the home page of the Mobi Warehouse web site. Links beyond the Mobi Warehouse home page may only be used with Mobi Warehouse’s prior written consent.
2.7 Mobi Warehouse shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Mobi Warehouse web site, if such content was accessed through a hyperlink not directed at the home page of the Mobi Warehouse web site. Persons that wish to link to content beyond the home page of the Mobi Warehouse web site without Mobi Warehouse’s prior written consent shall do so at their own risk and indemnify Mobi Warehouse against any loss, liability or damage that may result from the use of content from the Mobi Warehouse web site, if such content was accessed through a hyperlink not directed at the homepage of the Mobi Warehouse web site. Mobi Warehouse’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.8 Users may quote small and reasonable amounts of content available from the Mobi Warehouse web site and only if such a quote is placed in inverted commas and acknowledged.
2.9 No person may, without the prior written consent of Mobi Warehouse, frame the Mobi Warehouse website in any manner whatsoever.
2.10 Apart from bona-fide search engine operators, no person may use or attempt to use and technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Mobi Warehouse web site for any purposes, without the prior written consent of Mobi Warehouse.
2.11 E-mail addresses, names, telephone numbers and fax numbers published on the Mobi Warehouse web site may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Mobi Warehouse web site may be used to communicate unsolicited communications to Mobi Warehouse and all rights detailed in 45 of the ECT Act are reserved.
2.12 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Mobi Warehouse at any time without prior notice or reason.

3. INTELLECTUAL PROPERTY RIGHTS

All intellectual property on the Mobi Warehouse web site, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Mobi Warehouse and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Mobi Warehouse web site are expressly reserved.

4. SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Mobi Warehouse web site and/or download content from the Mobi Warehouse web site.

5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

Access to the services, content, software and downloads available from the Mobi Warehouse web site may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Mobi Warehouse has, amongst others, the duty to disclose the following information:

5.1 The full name and legal status of the web site owner: Tin Can CC, registration number 2009/025037/23.
5.2 Street address: Building 1, 171 Katherine Place, Katherine Street, Sandton, 2196, South Africa;
5.3 Postal address: Postnet Suite 143, Private Bag X23, Gallo Manor, 2052, Johannesburg, South Africa;
5.4 Physical address for receipt of legal service: Building 1, 171 Katherine Place, Katherine Street, Sandton, 2196, South Africa;
5.5 Main business: Mobi Warehouse is a supplier of cellular services to corporate employees.
5.6 The web site address of the Mobi Warehouse web site is: http://www.mobiwarehouse.co.za;
5.7 The official e-mail addresses of the Mobi Warehouse web site are: administrator@mobiwarehouse.co.za;
5.8 Management: http://www.mobiwarehouse.co.za;
5.9 The costs associated with the access to and use of the Mobi Warehouse web site are as follows: Free
5.10 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.10.1 access to the Mobi Warehouse web site;
5.10.2 the inability to access the Mobi Warehouse web site;
5.10.3 the services and content available from the Mobi Warehouse web site; or
5.10.4 these terms and conditions shall be referred to arbitration in terms of the Expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;
5.11 Cooling-off period: Users may return goods or services within 7 (seven) days as detailed in section 44 of the ECT Act and only if such goods or services are not detailed in section 42(2) of the ECT Act; and 5.12 Users may lodge complaints concerning the Mobi Warehouse web site with Mobi Warehouse at e-mail: support@mobiwarehouse.co.za

6. CHANGES AND AMENDMENTS

Mobi Warehouse reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

6.1 change these terms and conditions;
6.2 change the content and/or services available from the Mobi Warehouse web site;
6.3 discontinue any aspect of the Mobi Warehouse web site or service(s) available from the Mobi Warehouse web site; and/or
6.4 change the software and hardware required to access and use the Mobi Warehouse web site.

7. HYPERLINKS TO THIRD PARTY SITES

7.1 Mobi Warehouse may provide hyperlinks to web sites not controlled by Mobi Warehouse (“target sites”) and such links do not imply any endorsement, agreement on or support for the content of such target sites.
7.2 Mobi Warehouse does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

8. SECURITY

8.1 Mobi Warehouse shall take all reasonable steps to secure the content of the Mobi Warehouse web site and the information provided by and collected from Users from unauthorized access and/or disclosure. However, Mobi Warehouse does not make any warranties or representations that content shall be 100% safe and secure.
8.2 Mobi Warehouse is under no legal duty to encrypt any content or communications from and to the Mobi Warehouse web site (shopping and payment information is hosted and controlled by third party web sites subject to such sites’ terms and conditions) and is also under no legal duty to provide digital authentication of any page on the Mobi Warehouse web site.
8.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Mobi Warehouse web site or the server and computer network that supports the Mobi Warehouse web site.
8.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Mobi Warehouse web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Mobi Warehouse harmless against any and all liability, damages and losses Mobi Warehouse and its partners / affiliates may suffer as a result of such damaging code.
8.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the web site and Mobi Warehouse reserves the right to claim damages any and all persons concerned with a security failure or breach.
8.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability,loss or damages suffered and/or incurred by Mobi Warehouse and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/pdf/ElectronicCommunications.pdf

9. DISCLAIMER AND LIMITATION OF LIABILITY

9.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Mobi Warehouse (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
9.1.1 access to the Mobi Warehouse web site;
9.1.2 access to web sites linked to the Mobi Warehouse web site;
9.1.3 inability to access the Mobi Warehouse web site;
9.1.4 inability to access web sites linked to the Mobi Warehouse web site;
9.1.5 content available on the Mobi Warehouse web site;
9.1.6 services available from the Mobi Warehouse web site;
9.1.7 downloads and use of content from the Mobi Warehouse web site; and/or
9.1.8 any other reason not directly related to Mobi Warehouse’s gross negligence.
9.2 The Mobi Warehouse web site is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Mobi Warehouse, that the content available from and through the Mobi Warehouse web site meets the User's individual requirements and is compatible with the User's computer hardware and/or software.
9.3 Information, ideas and opinions expressed on the Mobi Warehouse web site should not be regarded as professional advice or the official opinion of Mobi Warehouse and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Mobi Warehouse web site.
9.4 Mobi Warehouse does not make any warranties or representations that content and services available from the Mobi Warehouse web site will in all cases be true, correct or free from any errors. Mobi Warehouse shall take all reasonable steps to ensure the quality and accuracy of content available from the Mobi Warehouse web site.
9.5 Mobi Warehouse does not make any warranties or representations that the Mobi Warehouse web site shall be available at all times. Users acknowledge that the Mobi Warehouse web site may be unavailable due to updates or other causes beyond the reasonable control of Mobi Warehouse, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.

10. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Mobi Warehouse web site to Mobi Warehouse and Mobi Warehouse undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

11. INTERCEPTION OF COMMUNICATIONS

11.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Mobi Warehouse’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Mobi Warehouse web site, its staff and employees. The RIC Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf.
11.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

12. ENTIRE AGREEMENT AND SEVERABILITY

12.1 These terms and conditions constitute the entire agreement between Mobi Warehouse and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Mobi Warehouse from the User.
12.2 Any failure by Mobi Warehouse to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
12.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

13. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and Mobi Warehouse agree that:

13.1 the User shall be bound to these term and conditions and such agreement is concluded in Johannesburg (South Africa) at the time the User enters the Mobi Warehouse web site for the first time;
13.2 data messages (as defined in the ECT Act) addressed by the User to Mobi Warehouse shall only be deemed to have been received if and when responded to;
13.3 data messages (as defined in the ECT Act) addressed to the User by Mobi Warehouse shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
13.4 data messages (as defined in the ECT Act) addressed by the User to Mobi Warehouse shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
13.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Mobi Warehouse; and
13.6 the User agrees and warrants that data messages that are sent to Mobi Warehouse from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

14. APPLICABLE AND GOVERNING LAW

The Mobi Warehouse web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Mobi Warehouse web site, its content, services and these terms and conditions.

15. LEGAL COSTS

Mobi Warehouse shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.