Terms of Use

Acceptance

By using and/or visiting this website (collectively, including all content and functionality available through the Webmobile.co.za domain name, the "Webmobile.co.za Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.Webmobile.co.za). WebMobile may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

WebMobile Users and Accounts

In order to access some features of the Website, you will have to create a WebMobile account. You may never use another's account without permission.
When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify WebMobile immediately of any breach of security or unauthorized use of your account. Although WebMobile will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WebMobile or others due to such unauthorized use.

Permissions and Restrictions

WebMobile hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

4.1 You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Webmail.co.za's prior written authorization. You agree not to alter or modify any part of the Website, including but not limited to Webmail.co.za's Embeddable Player or any of its related technologies.

4.2 You agree not to access User Submissions (defined below) or WebMobile Content through any technology or means other than the video playback pages of the Website itself, the WebMobile Embeddable Player, or other explicitly authorized means WebMobile may designate.

4.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the WebMobile servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, WebMobile grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. WebMobile reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

4.4 In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, WebMobile Community Guidelines, and all applicable local, national, and international laws and regulations.

4.5 WebMobile reserves the right to discontinue any aspect of the WebMobile Website at any time.

4.6 You agree to conform to generally acceptable Internet etiquette
("netiquette") and to abide by WebMobile operating policies, which may be amended from time to time at Webmail's sole discretion, (and you hereby indemnify and hold WebMobile free from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy) which policies include but are not limited to the guidelines set out below:

a. Not to send e-mail to any person who does not wish to receive it;

b. Not to engage in any abuse of e-mail or spamming, and which shall include, but is not limited to, the posting or cross-posting of unsolicited articles with the same message (or substantially the same message) to an unacceptably high number of e-mail and newsgroup recipients that did not request to receive such messages;

c. Not to forward or propagate chain letters or malicious e-mail, or e-mail that solicits the performance of any illegal activity or other activity that infringes on the rights of others;

d. Not to create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

e. Not to post or transmit any message, data, image or programme which is defamatory, or violates any other personal rights;

f. Not to post or transmit any message, data, image or programme which is illegal, indecent, obscene, pornographic, racist, sexist, offensive, threatening, abusive, harassing, containing harmful or hateful data, image or programme;

g. Not to post or transmit any message, data, image or programme which violates the intellectual property rights of others, including but not limited to unauthorised copyrighted text, images or programmes, trade secrets or other confidential proprietary information and trademarks;

h. Not to interfere with use of the Internet by any other WebMobile subscribers or other users;

i. Not to post or transmit any file which contains viruses, worms,"Trojan horses" or any other destructive or contaminating features, regardless of whether or not damage is intended by you;

j. Not to cancel WebMobile post other than your own;

k. Not to repeatedly post gratuitous off-the-topic postings;

l. Not to gather e-mail addresses and/or names or otherwise collect information about others without their consent;

m. and not to violate the privacy of any person, which shall include but shall not be limited to, hacking.

n. Where there is any complaint in terms of abuse by other users or parties claiming to have WebMobile accounts or using WebMobile account replies then WebMobile can and will only act through court orders in this regard.

5. Email and mobile marketing

1. WebMobile reserves the right to insert, place, send or deliver marketing and advertising messages including Direct mailers into their users viewing area within WebMobile, the mailboxes and emails sent, as well as to their Mobile phones should this information be supplied.

2. WebMobile may appoint such third parties with such regards as may be deemed suitable by WebMobile from time to time.

3. Competitions hosted on the WebMobile site is held at the discretion of WebMobile and the winners of such will be notified directly, competition winners are determined by the Marketing department and their decision is final, no correspondence will be entered into accordingly.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBMOBILE WEBSITE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WEBMOBILE.CO.ZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WEBMOBILE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBMOBILE WEBSITE. WEBMOBILE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBMOBILE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEBMOBILE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

IN NO EVENT SHALL WEBMOBILE.CO.ZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBMOBILE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WEBMOBILE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

8. Indemnity

You agree to defend, indemnify and hold harmless Webmobile.co.za, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the WebMobile Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the WebMobile Website.

9. General

You agree that: (i) the WebMobile Website shall be deemed solely based in South Africa , Johannsburg; and (ii) the WebMobile Website shall be deemed a passive website that does not give rise to personal jurisdiction over Webmobile.co.za, either specific or general, in jurisdictions other than Johannesburg. These Terms of Service shall be governed by the internal substantive laws of the State of South Africa, without respect to its conflict of laws principles. Any claim or dispute between you and WebMobile that arises in whole or in part from the WebMobile Website shall be decided exclusively by a court of competent jurisdiction located in South Africa , Johannsburg. These Terms of Service, together with the Privacy Notice at http://www.Webmobile.co.za and any other legal notices published by WebMobile on the Website, shall constitute the entire agreement between you and WebMobile concerning the WebMobile Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Webmail.co.za's
failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right
or provision.
WebMobile reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the WebMobile Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND WEBMOBILE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBMOBILE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

10. Contacts

Should you have any problems with your WebMobile account, please contact us using the below details:

Telephone: 011 628 9700

Email: support@webmobile.co.za

For any queries related to your advertising on the site: please call: 011 628 9700