Disclaimer on Website usage


By using this website you acknowledge and agree to this website.

Use of this website and related products and/or services shall be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts.

Use of this website or information, products and services available on this website is at the userís own risk. Notwithstanding the provisions of section 43(5) and 43(6) of the Electronic Communications and Transaction Act, Chillies Internet (Pty) Ltd accepts no liability whatsoever relating to any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the information on this Website, your use of this Website or any actions or transactions resulting therefrom, even if Chillies Internet (Pty) Ltd has been advised of the possibility of such loss, expense, claim or damages.

Chillies Internet (Pty) Ltd makes no presentation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information obtained from this Website.

Chillies Internet (Pty) Ltd also makes no warranty or representation, whether express or implied, that the products, information or files available on this Website are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software. Chillies Internet (Pty) Ltd accepts no responsibility for any errors or omissions on this Website.

Chillies Internet (Pty) Ltd may, in its sole discretion, at any time, suspend or terminate the operation of this website or any of the products or services provided in terms of this Website, without prior notice.

Notwithstanding the fact that this Website may refer to and/or provide links to other websites, your use of such other websites is entirely at your own risk and Chillies Internet (Pty) Ltd is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other Website. Chillies Internet (Pty) Ltd also does not endorse, warrant or make any representations about the content, products, services, security or reliability of such other websites.

All rights reserved.

Disclaimer on E-mails

The information is or attached to this e-mail message is confidential and may be subject to legal privilege and client confidentiality. If you are not the intended recipient of this e-mail or the authorised representative of the recipient then please notify the sender of this e-mail immediately by return e-mail and delete this message from your system. You may not print, store, forward or copy this message or any part thereof or disclose or cause information on this message to be disclosed to any other person.

Chillies Internet (Pty) Ltd cannot be held liable for any harm or loss resulting from malicious software code or viruses in this message or attachments, including data corruption resulting there from.

Employees or representatives of Chillies Internet (Pty) Ltd are not permitted to send unsolicited messages (ďspamĒ) and Chillies Internet (Pty) Ltd cannot be held liable for their sending of such mail. If you regard this message as spam, please inform us immediately by sending an e-mail to webmaster@chillies.co.za

If this message obtains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the senders scope of employment with Chillies Internet (Pty) Ltd and only the sender can be held liable in his/her personal capacity.

Terms & Conditions
Bulk SMS Policy

The SMS Messaging Services ("the Services") offered by Mobile Telephone Networks (Pty) Ltd ("PACO") to you ("the customer") are governed by the following terms and conditions:

1. Scope of agreement

The customer agrees to the terms and conditions specified in this Policy and indicates such acceptance by either completing the application form ("the application form") to which this Policy is attached or by registering on the PACO website (www.paco.co.za or any other PACO / Chillies Internet (Pty) Ltd registered website) for the Service(s). The agreement between PACO and the customer is deemed to be in effect upon receipt by the customer of the username and password required to use the Service(s). This Policy and the application form (hereinafter collectively referred to as the "agreement") supersede any and all other agreements explicit or implied between the customer and PACO with regard to the Services.

2. Bulk SMS messaging service

2.1 Security and authentication

Upon acceptance of the agreement by PACO and once the registration process is successfully completed, the customerís username and password will be activated and will be sent via SMS to the SIM card used for this Service by the customer. The customerís username and password will be the only identifiers by which PACO will identify the customer whilst using the Service(s). The customer acknowledges that no further verification or authentication of the identity of the customer will be undertaken by PACO and consequently, all activities concluded on the PACO website, which can be traced to the customerís username and password, shall be deemed to have been undertaken exclusively by the customer and the customer is therefore legally bound for all transactions resultant from such activities. It is therefore the customerís responsibility to ensure that the username and password are handled with care and not subjected to negligent usage. The customer indemnifies PACO against any claims, actions or damages as a result of the fraudulent or unauthorised use of the customerís username and password or loss thereof.

2.2 Risks

Due to the nature of the Service, PACO cannot be held responsible for risks incurred through the use of the Service(s), as well as all risks associated with data security, privacy, availability and reliability of message processing and transmission. Thus, the customer is fully and exclusively liable for any and all risk resultant from the use of the Service(s).

2.3 Limitation of liability

The services and all information, products and other content (including third party information, products and content) included in or accessible from the PACO web site or the service, are provided "as is" and are subject to change at any time without notice to the customer. To the fullest extent permitted by law, PACO disclaims all presentations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and other content (including third party information, products and content) included in or accessible from the PACO web site or the services. In no event shall PACO or any of PACO's service providers be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of the PACO web site or the services, even if PACO has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise

3. Access to the service

PACO shall use all reasonable endeavours to ensure that the Services are available on a 24 hour, 7 days a week basis. The customer is responsible for obtaining all devices and services necessary to enable access to the Service and the use of such Services.

3.1 Nature of Services

3.1.1 Message delivery

The customer acknowledges and accepts that the provision of the Service may be enabled through PACOís agreements with various telecommunications network operators ("Roaming Partners") in various countries and PACO is therefore only able to act under the conditions imposed through such agreements. A list of PACOís Roaming Partners from time to time is available on the PACO website. The delivery of SMS messages is subject to the availability and performance of the PACO network and the Roaming Partnerís technical systems and network and cannot be guaranteed by PACO. Specifically, SMS messages submitted through the PACO website will be transferred to the recipientís mobile terminal within times ranging from a few seconds to a few minutes depending on the conditions prevalent at the time of submission. Also, message delivery performance is subject to the recipientís mobile terminal being switched on and located within an area that is acceptably covered by the recipientís telecommunications service provider. Certain Roaming Partnerís prevent their subscribers from receiving SMS messages, for reasons beyond PACOís control, and in such cases the delivery of SMS messages is not possible.

3.2 Submission of large message volumes

When the customer requests a large number of messages to be transmitted (> 36 000 messages per hour) the quality of the Service may be degraded due to capacity and technical constraints imposed by PACO or the Roaming Partners. In such instances, delays may be encountered and PACO cannot be held liable for consequences resulting from such service degradation. However, upon sufficient advance notice (at least one business week) by the customer to PACO of large volume transmission, PACO shall use all reasonable endeavours to ensure, but cannot guarantee, that such delivery shall be made without disruptions.

3.2.1 Message validity

SMS messages submitted to the PACO website for transmission shall have an assigned validity period of 7 days during which time PACO shall, at regular intervals, attempt to effect delivery of the SMS messages. Should the validity of the message expire prior to successful delivery, all unsent messages shall be discarded without notice to the customer.

3.3 Privacy of message content

The handling of messages submitted through the PACO website and network is subject to South African privacy laws. PACO may be required to maintain SMS message logs of all transmissions and to further make such SMS message transmission reports available to government and legal authorities upon explicit request. The customer acknowledges that SMS messages are transmitted in an unencrypted format and as such PACO cannot guarantee against eavesdropping of SMS messages at any stage.

3.4 Changes to service offerings and content

PACO reserves the right to modify, enhance, discontinue and further develop the Service(s) or its service offerings and contents on the PACO website any time without prior notice.

4. Customer's responsibilities and liability

4.1 Malicious disruptions and damages

Should the customer be implicated of malicious disruptions or damages to the Service(s) or PACOís website, the customer shall be liable for all damages (whether direct or indirect) and associated costs resultant from such malicious activity.

4.2 SMS content

The customer accepts full responsibility for the content of SMS messages transmitted by PACO on the customerís behalf. The customer agrees not to submit any SMS messages for transmission by PACO, the content whereof is improper, immoral or unlawful or which contains any violent, offensive, discriminatory, illegal or pornographic material. The customer must reasonably ensure that the content of SMS messages does not cause disturbance or harassment to the recipient thereof. The customer agrees not to submit any SMS messages for transmission by PACO, the content whereof make reference to any of PACOís competitors or to products or services provided by PACOís competitors. For the purposes of this clause ďPACO competitorsĒ shall include any third party who provides products or services in competition with any products or services offered by PACO and/or who provides wireless telephony services and/or who operates a wireless telephony Network (whether directly or indirectly) in South Africa or any territory or country within which PACO either directly or indirectly operates or is active. PACO is bound to ensure the delivery of a valued service and will not tolerate spamming of SMS messages by the customer. Therefore the customer is not permitted to send messages to recipients who have advised that they do not wish to receive SMS messages of a particular or any kind. Failure to abide by the provisions of this clause will result in the suspension of access to the Services, without recourse to any Service fees paid to PACO, and the customer shall be liable for and hereby indemnifies PACO (including its agents, shareholders, employees, officers and subsidiaries) against any claims, loss or damages caused as a consequence of the failure by the customer to abide by the provisions of this clause. The customer agrees that it may only send messages to PACOís subscribers and to subscribers of PACOís Roaming Partners

4.3 Customer's responsibilities and liability

PACO reserves the absolute right not to deliver any SMS message unless and until the identification of the originator thereof, or its authorised representative, is known and understood by PACO.

4.4 Termination of the service(s)

At any time during the tenure of this agreement, the customer acknowledges that PACO reserves the right to terminate the customerís username and/ or password, discard and remove any content, for any reason, including without limitation, for non-use of the Service or if PACO, in its reasonable opinion, believes that the customer has contravened or breached any provision of this agreement without notice. PACO may also, at its sole discretion, at any time cease to provide the Service, or any part thereof and to make modifications and changes to the Service and the content of the PACO website from where it is accessed and offered. The customer also fully understands, accepts, and further indemnifies PACO fully against any claims by the customer or any third party as a result of such termination of Service, or part thereof.

5. Billing

5.1 SMS billing methodology

The customer agrees to pay the charges, to PACO or the customerís service provider as the case may be, as set out in the application form. Should there be a disputed transaction, PACO shall endeavour to make the necessary investigations to the best of its abilities and attempt to rectify the discrepancy, but should such investigations prove to be inconclusive, the message transaction logs, as maintained by PACO shall be deemed to be true and accurate for accounting purposes. The eventual delivery of SMS messages is largely dependent on the effective functioning of the recipientís mobile terminal and the Roaming Partnerís network, systems and infrastructure. Consequently, PACO cannot guarantee the delivery of messages that may be affected by possible network outages and errors on the part of any Roaming Partnerís network and PACO shall not refund the customer for undeliverable messages unless caused by an error in the PACO website.

6. Complaints

All complaints relating to the services provided to the customer must be directed to PACO, in writing and within 7 business days of the event causing the objection at the following address: Private Bag 9955 Sandton 21460. South Africa Fax: +27 11 912 3074 Marked for the attention of the SMS Marketing Manager

7. Intellectual property rights

The information, media, systems, content and Services provided by PACO through the PACO website for the customerís use, including all intellectual property rights therein, is the sole property of PACO and the customer shall at no stage acquire any rights therein or thereto.

8. Capacity and warranty

The SMS Provider warrants that within 6 (six) months of the effective date it shall generate on average a minimum of 400 000 (four hundred thousand) SMS's per month to flow through the SMSC, measured over three monthly periods from the 7th month after the effective date.

9. Applicable law

The laws of the Republic of South Africa govern this contract. The customer fully acknowledges that any disputes resulting in legal intervention shall be concluded within the jurisdiction of the Republic of South Africa and that the applicable laws of the Republic of South Africa shall prevail.

10. Interpretation and nullification of clauses

The customer accepts to agree to all aspects of this agreement and shall comply with all laws, regulations and restrictions that apply to the customer. PACO shall be entitled to modify the terms and conditions of this Policy in writing from time to time. Any delay in the enforcement of any term of this agreement shall not be deemed to be a waiver of such right(s).

11. Addresses

The customerís address for the delivery of all notices, including any legal notices, shall be the physical address provided by the customer when registering for the Service. PACOís address for the delivery of all notices, including any legal notices, shall be
48 Brebner Street
Westdene
Bloemfontein
9301
South Africa

A party may at any time change that partyís address on 10 days notice in writing to the other provided that the chosen address consists of or includes a physical address. Any notice given in connection with this agreement shall be delivered by hand or be sent by prepaid registered post.
Notice as set out above shall be deemed to have been duly given if delivered on the first business day after the date of delivery and if sent by post 10 days after posting.

Terms & Conditions (Sending SMS from Website)

Online SMS

By accessing or using the services ("the Services") available on this web site ("this Site") you acknowledge and accept that you have read and understand and are bound by the contents of the following Terms and Conditions which apply to the use of the Services which are available on this Site or by way of links to this Site. If you do not understand or agree with, or do not wish to be bound by any of these terms and conditions you may not access or use this Service, and kindly terminate your access to this Site immediately.
The Service is not available to minors or any person who cannot legally agree to these Terms and Conditions. By accepting these terms and conditions, you confirm that you are capable of entering into a binding agreement, and you must accurately complete the requested subscriber information. It is the responsibility of the legal parent or guardian to determine if the Services are appropriate for his/her child, and must provide verifiable consent for use of the Services. PACO may unilaterally amend these terms and conditions from time to time, and such amendments shall be effective immediately upon posting of the modified agreement on this Site, and you agree that you are aware of all and any such amendments and bind yourself to the terms and conditions as may be in force at any time.
Neither PACO nor any service provider appointed by PACO shall be held responsible for any injury, loss or damage of any kind whatsoever suffered or incurred by you or any user of the Services as a result of your access to this Site, utilisation of the Services or reliance on any information contained on this Site for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

Errors or discrepancies in the information provided;
Any unauthorised access of the Services by third parties;
Any breakdown` or failure of any equipment or medium of access to the Services;
Any failure or unavailability of any of PACO's or any third parties' facilities or systems resulting in the inability to process any transaction;
The destruction or accessing of your or any user's data or equipment.
Any alteration, modification, upgrade or update of the Services or any technology, hardware or software modification that may form part of the Services.
You hereby indemnify PACO and any service provider appointed by PACO against any demand, claim or action against it/them relating to or in connection with your access to this Site or your use of Services whether directly or indirectly for any reason whatsoever.
This agreement and all disputes, actions and other matters relating hereto shall be governed by and determined in accordance with the laws of the Republic of South Africa.
PACO may, without warning, terminate, change suspend, or discontinue this Service, including the availability of any features of this Site, at any time.
Your use of the Services and access to members-only areas of this Site shall be initiated by you using your cell phone number and PIN as identification. You undertake to, and shall be responsible for maintaining the confidentiality of your PIN and shall notify PACO forthwith on becoming aware that the confidentiality of your PIN has or may have been compromised. By entering your cell phone number and PIN you legally bind yourself to honour all transactions performed by you on this Site. All activities performed under the credentials of your cell phone number and PIN are deemed as having performed by you. Please be aware that notwithstanding the contents of the Privacy Policy, any message sent by you will be identifiable by the cell phone number you have used to login for that session, which will be appended to the messages you send.
PACO may in its discretion suspend or terminate your access to members-only areas of this Site or the Services, in the event you in any manner violate these Terms and Conditions or the Privacy Policy or any other applicable PACO policy, rule or conditions of use. You may choose to terminate your account voluntarily at any time.
You are not allowed to reproduce, duplicate, copy, adapt, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
You may not use the Services for any of the following purposes or in any of the following manners:

14.1. to impersonate or harass any other person;

14.2. to send any information that is or the disclosure of which would be libellous, abusive, threatening, false, fraudulent, misleading or obscene, that misappropriates or infringes any person's proprietary right;

14.3. to send any information that is or the disclosure of which would be libellous, abusive, threatening, false, fraudulent, misleading or obscene, that misappropriates or infringes any person's proprietary right;

14.4. that violates any persons right of privacy or publicity;

14.5. to send messages that contain any sexual, racist, or discriminatory content constituting, harassment of any individual or organization;

14.6. that constitutes or that violates any law, statute ordinance or regulation;

14.7. to intercept any communications not intended for you;

14.8. to release, post, distribute or execute any viruses or other harmful computer code

14.9. to transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any part;

14.10. to engage in transmission of unsolicited mass distribution of messages or any similar conduct

PACO shall not be obliged to ascertain or provide the identity of the sender of any messages or content. Should you believe that you have received abusive, improper or immoral messages or content, PACO could at their discretion only in circumstances and where it is able to, ascertain the identity of the sender or such other information, and provide such information to the recipient.

Terms & Conditions (Website usage that has SMS features)

Content

All content including games ("Content") is licensed to you by Paco Internet Service Provider ("PACO", also "we" and "us") subject to the following terms and conditions.
"You" means the user of the services provided by PACO and includes any person who we reasonably believe is acting with your authority or knowledge.

Applicability

1.1. By accessing or downloading the Content, an agreement between you and PACO incorporating these terms and conditions will come into force at such time ("the Agreement"). We reserve the right to introduce amendments to the terms and conditions and/or the Content as we shall from time to time deem necessary. By accessing or downloading Content following any such modification you will be deemed to accept such modification. It is your responsibility to keep up-to-date with any changes in the terms and conditions.

1.2. The general terms and conditions of your subscriber agreement shall also apply when accessing the Content. In the event of any conflict, this Agreement will prevail in respect of the Content only.

1.3. This Agreement is governed by South African Law and you agree to submit to the exclusive jurisdiction of the South African courts.

1.4. Nothing in this Agreement affects your statutory rights as a consumer.

Licence Grant

2.1. The Content and any copyright and other intellectual property rights in any material (including text, photographs, videos, graphics, logos, music, sound and other material images) included in the Content is either owned by PACO or has been licensed to PACO by the rights owner(s).

2.2. All copies of Content remain the property either of PACO or the rights owner(s) from which the Content has been licensed.

2.3. You may only use the Content for private and personal purposes. You may not infringe the intellectual property rights of others. You must comply with all other reasonable instructions regarding use of the Content.

2.4. You may not, or attempt to, copy, distribute, modify, reformat, display, license, transmit, sell, perform, publish, transfer, reverse engineer or decompile (except to the extent expressly permitted by applicable law or as set out in this Agreement), or otherwise make available, any or all of the Content.

2.5. You must be over 16 years of age, or else you must be able to demonstrate to PACO that you have obtained your parent's consent to access or download the Content.

2.6. The user of any SMS based or delivered Content must have a mobile phone that is capable of sending and receiving text messages and your service provider must allow access to the Content and receipt of messages from us.

2.7. If you are using Java based Content, you must ensure that your device is listed as a supported device (either on our website or on any material provided to you), you can receive SMS messages and that the WAP gateway you use is correctly configured.

2.10. You must not use the Content other than in accordance with the acceptable use policies of any connected networks.

2.11. Any attempt to use the Content in an unauthorised way or in a way likely to cause offence will be in breach of this Agreement and we may suspend your use of the Content. In addition, you may be liable to PACO for damages, costs and expenses incurred by PACO as a result of your breach of this Agreement.

2.12. You are responsible for ensuring that no unauthorised access is obtained to the Content through your mobile phone. You will be entirely liable for all activities conducted through your mobile phone whether authorised by you or not, until such time as you notify PACO of such unauthorised use and we have stopped access to the Content from your mobile phone.

2.13. You must tell PACO immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing. If you fail to stop the act or acts complained of, we may suspend your use of the Content.

2.14. If we suspend your use of the Content for contravention of any part of this Agreement, we will not restore it until we receive an acceptable assurance from you that there will be no further contravention.

2.15. Indemnity by you: You agree to indemnify us, our licensors and your service provider against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by PACO or our licensors, as a result of any claim by a third party resulting from your use of the Content (or use of the Content by anyone who accesses the Content using your phone) caused by your breach or non-observance of this Agreement. We shall notify you of any claim received, and you hereby provide PACO with full authority to defend, compromise or settle such claims and shall provide PACO and/or our licensors with all reasonable assistance necessary to defend such claims, at your sole expense.

Delivery of the Content

3.1. You acknowledge that access to and delivery of the Content and performance and message transmission response times are subject to the enabling technology on which the Content is based and may be adversely affected by network performance and other operational factors beyond our control, including, without limitation, congestion, network coverage, dropped connections and the performance of wireless enabled devices.

3.2. PACO is not responsible for any failure to deliver Content to you if your mobile phone is not switched on, is not configured correctly, your answer is not in the correct format, your mobile phone is not within coverage or for any other reason cannot be reached, you have a bar on text/WAP/Java services, you are a pre-paid subscriber and you have run out of calling credit, your message mail box or phone memory is full or for any other reason which is out of our control or out of the control of any third party delivering the Content.

3.3. We may vary the Content or the technical specification of the Content from time to time.

3.4. We may withdraw or change the Content at any time for technical, commercial, public interest or operational reasons. In the event that we permanently withdraw the Content, this will be advertised with as much notice as possible prior to the withdrawal of the Content. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice.

Warranty

4.1. PACO warrants that the Content will be substantially free from defects and fit for use on your phone provided that such phone is listed on PACO's website as supporting such Content.

4.2. Except as specifically provided herein and to the fullest extent allowed by applicable law, PACO expressly disclaims all other warranties, conditions and other terms, whether express or implied, written or oral, with respect to the Content including any warranty, condition or term of merchantability, fitness for a particular purpose, or non-infringement. If the Content you have bought is defective, your remedy is to seek a refund for the cost of that defective Content from the retailer where you purchased the Content. Content will not be considered defective due to problems arising solely from your mobile phone or your WAP connection.

4.3. To the fullest extent allowed by applicable law, PACO and any of the other parties involved in the provision of the Content, will not be liable for direct, indirect, special or consequential damages arising out of your use of or inability to use the Content including but not limited to damages for loss of use, profits, data or the cost of procurement of substitute goods or services, whether such damages arise in contract, negligence, delict or otherwise.

4.4. Nothing in this Agreement shall affect your statutory rights as a consumer or act to exclude or limit our liability for (ii) death or personal injury caused by our negligence, (ii) fraud or (iii) any other liability which may not be excluded or limited by applicable law. and Complaints

Help, Queries Our contact address is 4 Nobel Street, Brandwag, Bloemfontein 9301. Alternatively, Contact us by sending an e-mail to info@paco.co.za or visit www.paco.co.za

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