Terms & Conditions

Terms & Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern ViaMedia (PTY) Ltd.’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term “ViaMedia” or “us” or “we” refers to the owners of this website. The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

1.       General

  •  The content of the pages of this website is for your general information and use only. It is subject to change without notice however, we will try to publicise such changes.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned or licensed by or to us; this material includes but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions,
  • All trademarks reproduced on this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and / or be a criminal offence.
  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • This website uses cookies to monitor browsing preferences. If you allow cookies to be used, certain non-personal information may be stored.

 

2.       Definitions and Interpretation

In these terms –

2.1   “Agreement” means the agreement between us and you that comes about by your acceptance of these terms and conditions.

2.2   “Content” includes any information, data, text, music, sound, graphics, video, messages, hyperlinks or tags;

2.3   “Downloads” means any software, data, application, code, files or content that you retrieve, view or download when using a service;

2.4   “ECT ACT” is the Electronic Communications and Transactions Act, 25 of 2002 of South Africa as may be amended from time to time;

2.5   “Force Majeure” means an uncontrollable event;

2.6   “Intellectual Property Rights” means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978 including any applications for the aforegoing and any names, licenses, know how, trade secrets and data associated with the aforegoing;

2.7   “ Service” means any service, product, goods, downloads, content, program or website that we may provide from time to time;

2.8   “Terms” means the terms and conditions set out herein and includes any additional terms so included in this agreement;

2.9   “ViaMedia (PTY) Ltd” means, as the context requires;- ViaMedia (PTY)Ltd, registration no. 2002/01280007, with its principle offices at 601 6th Floor , The Studios, 4 Loop Street, Cape Town , South Africa

2.10  “ We, Us and Our”  means ViaMedia (Pty)Ltd and includes our successors in title and / or assigns;

2.11  “you and your” means any natural person who registers for, or uses any of our services and/ or any legal entity

 

3.       ECT Information & Provisions

 3.1   Full Name and Legal Status : ViaMedia (Proprietary) Limited, registration number 2002/ 01280007, a private company duly registered in the Republic of South Africa

3.2   Physical Address and address for receipt of legal service: at 601 6th Floor , The Studios, 4 Loop Street, Cape Town , South Africa

3.3   Telephone Number : +27 21 425 9680

3.4   Website Address: www.viamedia.co.za

3.5   Email Address: cc@viamedia.co.za

3.6   Via Media (Pty) Ltd is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. ViaMedia, may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za

3.7   Description of main services we offer: About us

3.8   Privacy Policy may be found here

3.9   Cooling Off Period: You may return goods and / 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 under section 42(2) of the ECT Act.

3.9.1   The information, goods and /or services advertised on the website are not an offer, but merely an invitation to do business.

3.9.2   We are deemed to have received any message you sent only of and when we respond to your message, or when we acknowledge receipt. Notwithstanding section 239b) of the ECT Act, we are not deemed to have received a data message if that message was blocked, filtered and / or destroyed by our content filtering and virus security systems.

3.9.3   Data Messages that we address to you are deemed to be received by you as detailed in section 23(b) of the ECT Act, sent from the location(s) as detailed in that section and sent by you from within the geographical boundaries of the Republic of South Africa.

3.9.4   Electronic Signatures, encryption and / or authentication are not required for valid electronic communications between you and us.

3.9.5   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 services from time to time, if applicable, we are under no legal duty to encrypt any content or communications from and to you and are also under no legal duty to provide digital authentication of any pages on the ViaMedia website.

 

4.       Copyright Notice

This website and its content are copyright of ViaMedia (Pty)Ltd ©. All rights reserved.

4.1   Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

4.1.1          You may print or download to a local hard disk extracts for your personal and non-commercial use only;

4.1.2          You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

 

4.2   You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it to store it in any other website or other form of electronic retrieval system.

 

5.       Business Privacy Policy

This privacy policy sets out how we use and protect any information that you give us when you use this website. Please read this policy to understand how we collect and use information.

5.1   We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, and then you can be assured that it will only be used in accordance with this privacy statement.

5.2   We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 31 March 2012.

Please read this policy to understand how we collect and use information

 

6.       Governing Law and Jurisdiction

6.1   You hereby consent to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by us arising out of this Agreement, provided that we shall be entitled, in our reasonable discretion, to institute such proceedings in the Western Cape High Court Cape Town or any other High Court of South Africa and, in such event, you consent to the jurisdiction of such court. The jurisdiction of the Small Claims Court is specifically excluded, as the parties agreed to follow the arbitration process set out in clause 7 below.

6.1.1          This website may be accessed throughout South Africa and overseas. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside South Africa.

6.1.2          If you access our website or Services from outside of the South Africa, out of your own guidance and are responsible for ensuring compliance with all laws in the place where you are located. This website may be accessed throughout South Africa and overseas. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside South Africa.

6.1.3          If you access our website or Services from outside of the South Africa, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

7.       Communication, Complaints Handling and Dispute Resolution

 

7.1   Complaints must be submitted to us and will be dealt with by us in accordance with the provisions of this clause 7.

7.2   Any payment default by you arising from, or in connection with, the Service provided by us, will be excluded from the provisions of this clause, and we will be entitled to proceed to institute legal action against you.

7.3   Without prejudice to your rights in law, you are required, to first approach us with any complaint or dispute and afford us an opportunity to resolve a compliant before you approach WASPA or any other relevant authority, court or other dispute resolution body or refer the matter to Arbitration as contemplated in clause 7. 9 below.

7.4   As a registered WASP, we are bound by the rules and regulations and Code of Conduct set by the mobile regulatory authority WASPA. To view the Code of Conduct go to http://www.waspa.org.za/code/codeconduct.shtml.

7.5   Please direct all complaints to cc@viamedia.co.za. Your complaint should include the following:

7.5.1          your name and surname;

7.5.2          your cell phone number

7.5.3          the date on which the complaint arose; and

7.5.4          a brief description of what gave rise to the complaint.

7.6   We will acknowledge receipt of your complaint within 3 (three) working days of receipt thereof.

7.7   We will formally respond with a view to proposing a resolution of your complaint in writing within 7 (seven) working days of receipt thereof, or within such longer period as we reasonably require under circumstances where the resolution of the complaint is for example (but without limitation) in the hands of a supplier or third party service provider.

7.8   You may approach WASPA or any other relevant authority, court or dispute resolution body or refer the matter to Arbitration as set out in clause 7.9 below, for resolution of the dispute, should you not be satisfied with the proposed resolution of the dispute  by us.

7.9   Any dispute between the parties may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules.  Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgment upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.

7.10                        The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.

7.11                        The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.

8.       Breach

 

8.1   Subject to any other provisions set out in these Terms and without prejudice to any of these provisions, should you be in breach of any provision of this Agreement, then we shall be entitled, without prejudice to any other rights that it may have and to the extent  required or permitted, as the case may be, by law, to forthwith:

8.1.1          afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question; or

8.1.2          suspend your access to a service;

8.1.3          cancel all agreements concluded between us; or

8.1.4          claim immediate performance and/or payment of all your obligations in terms hereof.

9.       Limitation of Liability

 

9.1   Save to the extent otherwise provided for in this Agreement or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, we do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any product or service.

9.2   Without limiting the generality of the provisions of clause 10 , we shall not be liable for and you will have no claim of whatsoever nature against us as a result of –

 

9.2.1          any unavailability of, or interruption in the service due to an Uncontrolled Event;

9.2.2          any damage, loss, cost or claim which you may suffer or incur arising from any suspension or termination of the service/s for any reason contemplated in the Agreement.

9.3   In addition to and without prejudice to any other limitations of liability provided for in the Agreement and to the fullest extent permitted by applicable law, we shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether resulting from negligence, breach or any other cause.  To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines.

10.   Indemnification

 

10.1                        You hereby unconditionally and irrevocably indemnify us and agree to indemnify and hold us harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by us as a result of any claim instituted against us  by a third party (other than you) as a result of (without limitation):

 

10.1.1       your use of our Service other than as allowed or prescribed in the Agreement;

10.1.2       any other cause whatsoever relating to the Agreement or the Service to you where you have acted wrongfully or failed to act when you had a duty to so act.

11.   Force Majeure

If the agreement becomes wholly or partially impossible to perform due to beyond the control of the company, such causes to include, but not limited to; War, Civil Insurrection, Vis Major, Government Action and industrial disputes, we shall be permitted to rescind the agreement at its discretion. If deliveries of goods or services shall he delayed as a result of such causes, we shall not be construed as being in breach of this agreement.

12.   Promotion of Access to Information Manual

As regulated by law, you may download our manual published in terms of the Promotion of Access to Information Act 2000 from this website.

13.   General Provisions

13.1                        Changes of Terms.

We reserve the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our web site together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made.

13.2                        Other terms, entire agreement.

The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties.  No variation or addition of this Agreement or the Application Form will be binding on any of the parties unless recorded in writing and signed by both parties.

13.3                        Assignment.

You may not assign or transfer in any other way the contract or any of your contractual rights. We shall have the right to assign our rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favourable to you than those in these Terms. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.

13.4                        Severability.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

13.5                        ECT Act

We are required to make our contact details, its domicilia citandi et executandi and certain other information available to its Subscribers who enter into electronic transactions with us. This information is available in clause 3 above.

13.6                        Waiver.

Our failure to pursue any available claim or defence pursuant to this Agreement or otherwise will not be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

13.7                        Headings.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.