THE FOLLOWING ARE THE TERMS AND CONDITIONS FOR USE OF THE THIRTY BY THIRTY ONLINE SMS APPLICATION. ("Thirty by Thirty SMS tool" or "the service") by any customer (hereinafter referred to as "the user").
important: in terms of section 11 of the electronic communications and transactions (ect) act 25 of 2002 and the common law of contract, these terms and conditions are valid binding and enforceable against all persons that access the Thirty by Thirty - SMS reminders website, web pages or any part thereof. if you do not agree to be bound by these terms and conditions you may not use the Thirty by Thirty - SMS reminders website. reasonable use of the Thirty by Thirty - SMS reminders website shall automatically bind the user to this agreement.
by utilizing the Thirty by Thirty - SMS reminder system or any other Thirty
by Thirty online applications, the user is agreeing to all the terms and conditions
set out in the this documents, and further consents to be bound by such terms
furthermore, the user is entirely responsible for any and all activities that occur under its account. Thirty by Thirty will not be held liable to any third party claims and/or actions taken with respect to services offered. The user shall be held liable for any violations of any codes of conduct as stipulated by the wireless applications service provider association - WASPA (www.waspa.co.za).
Thirty by Thirty will not be held liable to any third party claims and/or actions taken with respect to services offered.
Should the user not agree to all the terms and condition contained in this document, or cannot comply with these terms and conditions, he/she/it shall desist from utilizing any of these aforementioned products.
DEFINITIONS AND INTERPRETATION
the Thirty by Thirty - SMS reminders website means the websites located at:
including any page, part or element thereof, as owned and operated by Thirty by Thirty.
Thirty by Thirty means Thirty by Thirty marketing technology cc, registration number 2005/120224/23 , including its subsidiaries, owners, members and business units.
users/user means any person or entity who enters or uses the Thirty by Thirty websites, notwithstanding the fact that such person only visits the home page of the Thirty by Thirty website.
hyperlinks herein should be deemed to be part of these terms and conditions in terms of section 11(3) of the ect act .
1. THE SERVICE
the service consists of an SMS messaging application. the user is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the service, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the service. All fees are payable upfront, prior to credits being activated.
Thirty by Thirty makes no guarantees as to the continuous availability of the service or any specific feature(s) of the service. Thirty by Thirty reserves the right to change or terminate the service and/ or alter the terms and conditions of this agreement at any time within 14 days' notice. all fees paid to Thirty by Thirty when such termination occurs are addressed in the sections below.
messages shall be deemed to have been delivered when Thirty by Thirty has delivered/sent the messages to the immediate destination that Thirty by Thirty's software is programmed to do, including SMTP servers, mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. Thirty by Thirty does not guarantee delivery on behalf of mobile telephone networks or mail servers.
Thirty by Thirty lays no claims to its network coverage. Although Thirty by Thirty focuses on providing extensive coverage aggregation services, mobile networks may choose from time to time to not be part of Thirty by Thirty or its service providers' networks. This may result in messages not being delivered.
2. USE OF PROPRIETARY SOFTWARE
the utilization of the Thirty by Thirty website and the SMS reminder and other applications are offered 'as is'.
whilst it is intended that the application functions correctly in the manner
in which it is by Thirty by Thirty, Thirty by Thirty shall not be held liable
for any failing of the application whatsoever for any reason whatsoever.
3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
to open an account for usage of the service, the user must complete the registration process by providing Thirty by Thirty with current, complete and accurate information as prompted by the registration form, or upon the instance of Thirty by Thirty. Inaccurate details will result in suspension.
The user is entirely responsible for maintaining confidentiality with regard to its password and account information. Furthermore, the user is entirely responsible for any and all activities that occur under its account. Thirty by Thirty will not be held liable to any third party claims and/or actions taken with respect to services offered.
the user agrees to notify Thirty by Thirty immediately of any unauthorized use of its account or any other breach of security.
4. MEMBER PRIVACY
it is Thirty by Thirty's policy to respect the privacy of the user. Thirty by Thirty will not monitor, edit, or disclose any personal information about the user or the user's Thirty by Thirty account, including its contents, without the user's prior permission unless Thirty by Thirty has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Thirty by Thirty; (3) enforce this service agreement or protect Thirty by Thirty's business or reputation, including without limitation upon termination, cancellation or suspension of this agreement by Thirty by Thirty; (4) respond to request for identification in connection with claim of copyright or trademark infringement by the user, or a claim by a third party that the user is using the service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the user or others.
The user agrees that Thirty by Thirty may access its account, including its contents, as stated above or to respond to service or technical issues.
The user hereby grants Thirty by Thirty the right to send the user communication via e-mail or SMS of any updates, upgrades, notices, or other information that Thirty by Thirty deems to be important for the user to know.
Thirty by Thirty shall be entitled, at any time, and without liability to the user or any third party, to modify, expand, improve, maintain or repair the Thirty by Thirty services, notwithstanding that this may require suspending the operation of the Thirty by Thirty services. Thirty by Thirty shall use its reasonable endeavors to provide the user with advance notice of any such suspension and to minimize the duration thereof in so far as this is reasonably practical.
in the event of any difference between either the records of Thirty by Thirty, the records of the user or the network's, the figures from the operators shall be deemed to be correct and binding on the user.
5. MESSAGE AND OTHER LIMITATIONS
Thirty by Thirty assumes no responsibility for the deletion or failure to store information. Thirty by Thirty has set no fixed upper limit on the number of messages the user may send through the service apart from how many units are left in the user's account; however, Thirty by Thirty reserves the right, at its sole discretion, to determine whether or not the user's conduct is consistent with the letter and spirit of the service agreement and may terminate the service if the user's conduct is found to be inconsistent with the agreement. Thirty by Thirty may, in the future, with prior notification, limit the amount of storage space available to each member.
Although Thirty by Thirty prides itself on speedy delivery of messages, messages may be delivered late due to queuing or network traffic. this will still result in the message being seen as "delivered".
6. MEMBER CONDUCT
any unauthorized commercial use of the service, is expressly prohibited. The user agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the service. by way of example, and not as a limitation, the user agrees not to:
i. use the service in connection with junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
ii. Harvest or otherwise collect information about others, including email addresses, without their consent;
iii. create a false identity mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
iv. transmit through the service, associate with the service or publishing with the service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
v. transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
vi. libel, defame or slander any person, or infringe upon any person's privacy rights;
vii. transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
viii. interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks;
ix. attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means;
x. interfere with another user's use and enjoyment of the service or another entity's use and enjoyment of similar services; or
xi. engage in any other activity that Thirty by Thirty believes could subject it to criminal liability or civil penalty or judgment.
7. FEES, PAYMENT AND YOUR RIGHT TO CANCEL
In consideration for the use of Thirty by Thirty's services, the user shall pay to Thirty by Thirty a transaction or subscription fee (as appropriate) for messages delivered or partially delivered using any available delivery method, at the applicable rate then in effect. Thirty by Thirty may from time to time offer limited time "free trial" or similar promotions during which no transaction fees or reduced transaction fees shall apply. such promotions are intended for users to test the capabilities of the service and/or for casual, personal use only. during such promotions, all provisions of this agreement shall remain in full force and effect.
FEES. All fees are payable upfront. failure to purchase credits upfront will result in suspension of the services. upfront payment refers to a payment that is made within a reasonable time so as to allow Thirty by Thirty to add the SMS credits to the user's account.
PAYMENT. Transaction fees are due and payable at the time of or before Thirty by Thirty delivers a message to the user's recipients, via every method of de livery based upon the billing plan selected by Thirty by Thirty. payment shall be deemed to have been made as soon as the fee is available in Thirty by Thirty's bank account.
CREDIT CARD PAYMENT. if the user has elected to pay for the service by credit card, and Thirty by Thirty does not receive payment from the credit card issuer, the user agrees to pay all amounts due, immediately upon demand by Thirty by Thirty. all amounts are pre-paid and the user agrees to payment and the terms and conditions of such payment, when such payment is made. Thirty by Thirty reserves the right to come to other payment arrangements on a case-by-case basis. (agreements with the credit card issuer govern use of the user's credit card, and the user must refer to that agreement to ascertain its rights and liabilities as a cardholder.) the user is charged in ZAR. sales price may change due to currency fluctuations. the final purchase amount is the amount reflected on the credit card holder's statement.
8.TERMINATION OR CANCELLATION BY THE USER.
The user is free to terminate or cancel this agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective, the user must carry out such termination in accordance with the policies and procedures established by Thirty by Thirty. any questions concerning the appropriate method by which to cancel this agreement, should be addressed to email@example.com.
the user acknowledges that Thirty by Thirty is dependant on various telecommunications networks and institutions for the delivery of its messages and that Thirty by Thirty may adjust its prices and offering, should the prices be adjusted due to reasons which are not in Thirty by Thirty's control. Thirty by Thirty undertakes to notify the user of such adjustments in writing, prior to implementing such adjustments. any message units purchased must be used up within 180 days from the date on which it had been purchased. Thirty by Thirty may extend this period on a case-by-case basis at its sole discretion.
Refunds for branding fees, licenses, monthly administration fees, and any other fee that the user pays to Thirty by Thirty, which excludes all SMS message credit fees will be reviewed on a case-by-case basis at Thirty by Thirty's sole discretion. no refunds will be made for any fees which are not related to SMS message credits.
Credit-based billing principles. Thirty by Thirty is able to charge variable amounts of credits per message sent through its system. this fee is agreed to in the contract wit the user. the user understands that the number of credits to a specific destination network may change due to various factors, and that Thirty by Thirty may adjust these rates whenever it deems it necessary to do so.
9. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION
modification of terms. Thirty by Thirty frequently updates, modifies, and otherwise continually seeks to improve the Thirty by Thirty services and products. Such changes often dictate that Thirty by Thirty simultaneously modify Thirty by Thirty's terms and conditions of use. As such, Thirty by Thirty shall have the right to modify the terms of this agreement and to change or discontinue any aspect or feature of the Thirty by Thirty services, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the user of the service after any such change has been posted, shall constitute the acceptance of any such changes. if the user does not agree with any such changes, the service may be canceled in accordance with the procedures for cancellation set forth in this agreement. The user acknowledges its responsibility to review this agreement from time to time and to be aware of any such changes.
10.TERMINATION, CANCELLATION AND/OR SUSPENSION BY THIRTY BY THIRTY; DISCLOSURE
This agreement and the license granted here under may be terminated, canceled and/or suspended by Thirty by Thirty at any time if, in Thirty by Thirty's sole discretion, the user breaches these terms of service. Such termination, cancellation and/or suspension by Thirty by Thirty shall be effective immediately upon notification by Thirty by Thirty to the user in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, Thirty by Thirty may elect to suspend, terminate and/or cancel this agreement and/or recover any and all damages from the user arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. Thirty by Thirty reserves the right to suspend the user's service at any stage for any reason it may deem necessary to continue to provide any of its services in a way that may be hindered by the user's status as being a Thirty by Thirty client, financial status of the user or the content of the messages originating from the user.
in the event that Thirty by Thirty receives complaints from recipients or third parties with respect to the use of the service, Thirty by Thirty additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application users.
Termination or cancellation by the user. The user is free to terminate or cancel this agreement at any time, in accordance with Thirty by Thirty's terms.
Obligations upon termination and/or cancellation. upon any termination, cancellation and/or suspension of this service agreement, the user is responsible for any obligations then accrued including, but not limited to, payment of any costs or charges that may arise in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. payment and other obligations under this service agreement are not suspended, stayed, or otherwise affected by a suspension of access to/or use of Thirty by Thirty (in whole or in part) where said suspension arises from the user's failure to comply with, or violation of, the terms of this service agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, the user agrees to immediately cease using Thirty by Thirty applications on any computer, database, server (local or remote) in your possession or under its control. Thirty by Thirty shall have no obligation to the user after any termination or cancellation of this service agreement. Unused SMS credits will not be refunded by Thirty by Thirty.
11. NO WARRANTIES OR LIABILITIES
Subject to the provisions of sections 43(5) and 43(6) of the ECT act , if applicable, and as far as allowed by law, Thirty by Thirty (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 use of the service and the internet generally, access to the Thirty by Thirty website, access to websites linked to the Thirty by Thirty website, inability to access the Thirty by Thirty website; inability to access websites linked to the Thirty by Thirty website, content available on the Thirty by Thirty website, services available from the Thirty by Thirty website, and/or any other reason not directly related to Thirty by Thirty's gross negligence and the user expressly acknowledges and agrees that is at its own risk and that Thirty by Thirty is provided "as is" and "as available" without any warranties or conditions whatsoever, express or implied. Thirty by Thirty will use commercially reasonable efforts to make access to Thirty by Thirty available to the user through the required access protocols, but makes no warranty or guarantee that the user will be able to access Thirty by Thirty at any particular time or any particular location.
Whilst Thirty by Thirty will ensure that the service is reasonably available
at all times, and will at all times endeavor to maintain connections to as many
aggregators, gateways and carriers as are, in its discretion, commercially viable
and make all upgrades to the Thirty by Thirty API available to the user in a
commercially reasonable and timely manner, the user acknowledges that Thirty
by Thirty cannot guarantee the availability of a carrier's SMSC.
Thus the User expressly acknowledges and agrees that use of the service and the internet generally is at its own risk and that Thirty by Thirty is provided "as is" and "as available" without any warranties whatsoever, express or implied. Thirty by Thirty will use commercially reasonable efforts to make access to Thirty by Thirty available to the user, through the required access protocols, but makes no warranty or guarantee that the user will be able to access Thirty by Thirty at any particular time or any particular location.
Information, ideas and opinions expressed on the Thirty by Thirty website should not be regarded as professional advice or the official opinion of Thirty by Thirty, and users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Thirty by Thirty website.
Thirty by Thirty does not make any warranties or representations that the Thirty by Thirty website shall be available at all times. Users acknowledge that the Thirty by Thirty website may be unavailable due to updates or other causes beyond the reasonable control of Thirty by Thirty, including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of god".
Thirty by Thirty does not make any warranties or representation that content and services available from the Thirty by Thirty website shall in all cases be true, correct or free from any errors. Thirty by Thirty shall take all reasonable steps to ensure the quality and accuracy of content avail able from the Thirty by Thirty website.
12. ADDITIONAL LIMITATIONS. Without limiting the generality of the terms set forth in any previous section of this document, Thirty by Thirty and its affiliates, agents, content providers, service providers, and licensors:
(i) hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of Thirty by Thirty generally, and any content or services contained therein, as well as all express and implied warranties that the operation of Thirty by Thirty generally and any content or services contained therein will be uninterrupted or error-free;
(ii) shall in no event be liable to the User or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto; (the user agrees to indemnify Thirty by Thirty pursuant to section 11 hereof for any and all third party claims arising from such failures, delays or interruptions in connection with regard to use of the service);
without in any way limiting the foregoing, Thirty by Thirty shall in no event have (in the aggregate) any liability whatsoever in connection with this agreement in excess of an amount equal to two times the lowest monthly transaction fee applicable to such account and/or claim in effect for the monthly period immediately preceding the date of the first claim made by the user and/or the user alleging liability.
HIGH RISK ACTIVITIES. The Thirty by Thirty service is not fault-tolerant and is not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, including but not limited to use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Thirty by Thirty could lead directly to death, personal injury, or severe physical or environmental damage ("high risk activities"). In addition to the other disclaimers and limitations contained within this agreement, Thirty by Thirty and its affiliates, agents, content providers, service providers and licensors specifically disclaim any express or implied warranty of fitness for high risk activities including emergency notification services.
Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so the above limitations or exclusions may not apply.
13. THIRD PARTY BENEFICIARIES
Notwithstanding anything to the contrary contained herein, the provisions for "no warranties and liabilities" set forth in section 11 herein, are for the benefit of Thirty by Thirty and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.
the user agrees to indemnify, hold harmless, and defend Thirty by Thirty and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expense s (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to (i) the use of the service in any manner which violates the terms of this service agreement or otherwise violates any law, rule, or regulation and (ii) any claims made by third parties arising from your use of the service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the service. the user agrees to cooperate as fully as reasonably required in the defense of any claim. Thirty by Thirty reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user.
the failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. if any provision of this service agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this service agreement will otherwise remain in full force and effect and enforceable. in this agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders.
No agency, partnership, joint venture, or employment is created as a result of this service agreement and the user does not have any authority of any kind to bind Thirty by Thirty in any respect whatsoever. In any action or proceeding to enforce rights under this service agreement, the prevailing party will be entitled to recover costs and attorneys' fees. all notices under this service agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. These terms and conditions constitute the whole agreement between Thirty by Thirty and the user and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
16. ECT act
Access to the services, content, software and downloads available from the Thirty by Thirty website 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 Thirty by Thirty has, amongst others the duty to disclose the following information:
i. the full name and legal status of the website owner: Thirty by Thirty (CC) registration number 2005/120224/23 .
ii. Members: Timothy Matthis
iii. 95 Leslie Avenue, Fourways
v. physical address for receipt of legal service: 95 Leslie Avenue, Fourways
vi. main business: http://www.30x30.co.za
vii. website address of the Thirty by Thirty website: http://www30x30.co.za
viii. official email address of the Thirty by Thirty website is: info@Thirty by Thirty.co.za
x. codes of conduct to which Thirty by Thirty subscribes:
the information, goods and/or services advertised on the Thirty by Thirty website are not an offer, but merely and invitation to do business;
xxix. by selecting goods and/or services and by submitting the necessary payment and/or delivery information, the user makes an offer to Thirty by Thirty, which may be accepted and/or declined at Thirty by Thirty's sole and absolute discretion;
xxx. a binding agreement between the user and Thirty by Thirty for the sale of goods, or the provision of services, is only concluded upon Thirty by Thirty's acceptance of the user's offer detailed above;
xxxi. Thirty by Thirty's acceptance or refusal of an offer will be communicated to the user within a reasonable time from receipt of the user's offer by Thirty by Thirty;
although the time and place of the agreement detailed herein, are concluded and governed by what follows hereunder, the time and place agreements for the sale of goods and/or the provision of services (as advertised on the Thirty by Thirty website) are governed by this clause and shall be deemed to have been concluded in cape town; and
Thirty by Thirty may refuse an offer if the user, amongst others, fails to meet the conditions of Thirty by Thirty's credit referencing procedure.
users may lodge complaints concerning the Thirty by Thirty website with Thirty by Thirty at 30x30.co.za
The user and Thirty by Thirty agree that:
i. the user shall be bound to these term and conditions and such agreement is concluded in Thirty by Thirty (South Africa) at the time the user enters the Thirty by Thirty website for the first time;
ii. Data messages (as defined in the ect act ) addressed by the user to Thirty by Thirty shall only be deemed to have been received if and when responded to, or when receipt is acknowledged. notwithstanding section 23(1)(b) of the ect act Thirty by Thirty shall not be deemed to have received a data message if such data messages are blocked and/or filtered and/or destroyed by Thirty by Thirty's content filtering and virus security systems;
iii. data messages (as defined in the ect act ) addressed to the user by Thirty by Thirty shall be deemed to be received by the user as detailed in section 23(1)(b) of the ect act ;
iv. data messages (as defined in the ect act ) addressed to the user by Thirty by Thirty shall be deemed to be sent from the location(s) as detailed in section 23(1 )(c) of the ect act
v. data messages (as defined in the ect act ) addressed by the user to Thirty by Thirty shall be deemed to have been created and sent by the user from within the geographical boundaries of South Africa; and
vi. Electronic signatures, encryption and/or authentication are not required for valid electronic communications between the user and Thirty by Thirty.
17. USE OF SITE
Thirty by Thirty licenses the user to view, download, save and print the content of the Thirty by Thirty website, provided that such content is used for private, personal, educational and/or non-commercial purposes only or to view, download, save and print this agreement for legal and/or evidential purposes as detailed in section 11(3) of the ECT act.
Content from the Thirty by Thirty website may not be used or exploited by users for any commercial and non-private purposes without the prior written consent of Thirty by Thirty.
Users may only access, browse and use the Thirty by Thirty website for legitimate personal or commercial purposes and may not use the Thirty by Thirty website or any Thirty by Thirty services and/or products for:
i. harmful purposes;
ii. Illegal purposes;
iii. disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or
iv. The creation, storage and sending of unsolicited commercial communications.
The caching of the Thirty by Thirty website shall only be allowed if:
i. the purpose of the caching is to make the onward transmission of the content from the Thirty by Thirty website more efficient;
ii. The cached content is not modified in any manner whatsoever;
iii. The cached content is updated at least every 12 (twelve) hours; and
iv. The cached content is removed or updated when so required by Thirty by Thirty.
If any user uses content from the Thirty by Thirty website in breach of the provisions detailed herein:
i. Thirty by Thirty reserves the right to claim damages from the user;
ii. Thirty by Thirty reserves the right to institute criminal proceedings against the user; and
iii. Thirty by Thirty 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.
Hyperlinks to the Thirty by Thirty website from any other source shall be directed at the home page of the Thirty by Thirty website. Links beyond the Thirty by Thirty home page may only be used with Thirty by Thirty's prior written consent.
Thirty by Thirty shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the Thirty by Thirty website, if such content, products or services was accessed through a hyperlink not directed at the home page of the Thirty by Thirty website. persons that wish to link to pages beyond the home page of the Thirty by Thirty website without Thirty by Thirty's prior written consent shall do so at their own risk and indemnify Thirty by Thirty against any loss, liability or damage that may result from the use of such hyperlinks. Thirty by Thirty's non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
Users may quote small and reasonable amounts of content available from the Thirty by Thirty website and only if such a quote is placed in inverted commas and acknowledged.
No person may, without the prior written consent of Thirty by Thirty, frame the Thirty by Thirty website in any manner whatsoever.
Apart from bona-fide search engine operators and use of the search facility provided on the Thirty by Thirty website by users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Thirty by Thirty website for any purpose whatsoever, without the prior written consent of Thirty by Thirty.
E-mail addresses, names, telephone numbers and fax numbers published on the Thirty by Thirty website 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 Thirty by Thirty website may be used to communicate unsolicited communications to Thirty by Thirty and all rights detailed in 45 of the ECT act are reserved.
All licenses and/or permissions granted in terms of this section are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Thirty by Thirty at any time without prior notice or reasons.
18. External links
Thirty by Thirty may provide hyperlinks to websites not controlled by Thirty by Thirty ("target sites") and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites. Thirty by Thirty does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, and inability to use or content available on or through target sites.
Thirty by Thirty shall take all reasonable steps to secure the content of the Thirty by Thirty website and the information provided by and collected from users from unauthorized access and/or disclosure. However, Thirty by Thirty does not make any warranties or representations that content shall be 100% safe or secure.
subject to the provisions of sections 43(5) and 43(6) of the ect act and the requirements for a valid electronic invoice issued by the South African Revenue Service from time to time, if applicable, Thirty by Thirty is under no legal duty to encrypt any content or communications from and to users and is also under no legal duty to provide digital authentication of any pages on the Thirty by Thirty website.
Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Thirty by Thirty website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Thirty by Thirty harmless against any and all liabilities, damages, risks and losses that Thirty by Thirty and its partners/affiliates may suffer as a result of such delivery, attempt or damaging code.
Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the Thirty by Thirty website and Thirty by Thirty reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
users who commit any of the offences detailed in sections 85 to 88 of the ect act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruct ion or damages suffered and/or incurred by Thirty by Thirty and its partners/affiliates due to or related to these illegal actions.
19. interception of communication
subject to the provisions of the regulation of interception of communications (RIC) act 70 of 2002, the user agrees to Thirty by Thirty's right to intercept, block, filter read, delete, disclose and use all communications (including all "data messages" as defined in the ect act ) send or posted by the user to the Thirty by Thirty website, its staff and employees.
The user agrees and acknowledges that the consent provided by the user above satisfies the "writing" requirement as detailed in the ECT act and the RIC act.
21. Codes of conduct
the user warrants that it will comply with the following codes of conduct as required by all services providers who operated service in any of the following territories. the codes of conduct are incorporated herein as is specifically stated:
WASPA SMS code:
WASPA SMS advertising guidelines:
The user acknowledges that they will comply with section 5 of the WASP code
of conduct as detailed below:
5. Commercial communications
5.1. Sending of commercial communications
5.1.1. All commercial messages must contain a valid originating number and/or the name or identifier of the message originator.
5.1.2. Any message originator must have a facility to allow the recipient to remove his or herself from the message originator's database, so as not to receive any further messages from that message originator.
5.1.3. Any mechanism for allowing a recipient to remove him or herself from a database must not cost more than one rand.
5.1.4. Notwithstanding 5.1.3, for SMS and MMS communications:
1. A recipient should be able to stop receiving messages from any service
by replying with the word 'STOP'. If a reply could pertain to multiple services,
either all services should be terminated, or the recipient should be given a
choice of service to terminate. The reply "STOP" procedure must be
included at the start of any messaging service, for example: "reply STOP
to opt out".
2. Recipients of premium rate or non-replyable messages must have the option to opt out at a cost of R1 or less. This opt-out instruction must be included in every commercial premium rate or non-replyable message, for example. "sms STOP to 32xxx to opt out".
5.1.5. Once a recipient has opted out from a service, a message confirming the opt-out should be sent to that recipient. This message must reference the specific service that the recipient has opted-out from, and may not be a premium rated message.
5.1.6. Where the words "END", "CANCEL", "UNSUBSCRIBE" or "QUIT" are used in place of "STOP" in an opt-out request, the service provider must honour the opt-out request as if the word "STOP" had been used.
5.1.7. Upon request of the recipient, the message originator must, within a reasonable period of time, identify the source from which the recipient's personal information was obtained.
5.1.8. Commercial communications may not be timed to be delivered between 20:00 and 06:00, unless explicitly agreed to by the recipient, or unless delivery during this period forms part of the up-front description of the service.
5.2. Identification of spam
5.2.1. Any commercial message is considered unsolicited (and hence spam) unless:
1. the recipient has requested the message;
2. the message recipient has a direct and recent prior commercial relationship with the message originator and would reasonably expect to receive marketing communications from the originator; or
3. the organisation supplying the originator with the recipient's contact information has the recipient's explicit consent to do so.
5.2.2. WASPA, in conjunction with the network operators, will provide a mechanism for consumers to determine which message originator or wireless application service provider sent any unsolicited commercial message.
5.3. Prevention of spam
5.3.1. Members will not send or promote the sending of spam and will take reasonable measures to ensure that their facilities are not used by others for this purpose.
5.3.2. Members will provide a mechanism for dealing expeditiously with complaints about spam originating from their networks.