Introduction
- “You” or “Your” shall mean the entity (e.g., individual, company, corporation, partnership, sole proprietor, etc.)
- “The Terms and Conditions” shall mean these terms and conditions as set out in this legal notice
- “The Service Provider” shall mean the registered close corporation dotGSE IT Solutions
- "The Services" shall mean the website located at www.dotgse.com, including any applicable services offered or rendered by dotGSE IT Solutions
- “The Content” shall mean all content, regardless of form and is not limited to literary works, artistic works and computer programs, etc.
The Terms and Conditions govern Your use of The Services provided by The Service Provider.
By accessing or using The Services, You agree to be bound by The Terms and Conditions as set out in this legal notice.
If You do not wish to be bound by The Terms and Conditions, then You may not:
Access, display, use, download, and/or otherwise copy or distribute any of The Content obtained with regards to The Services.
Disclaimer
The Service Provider has taken every precaution to ensure accuracy of information with regard to The Services herewith offered, but The Service Provider accepts no responsibility for any loss, damage, expense of any nature or liability, either directly or indirectly attributed to the use of or reliance upon information presented by The Service Provider or by making use of The Services offered or rendered.
All information regarding to The Services and any other information is subject to changes with or without prior notice.
The Service Provider does not make any representation that the information and materials of The Services are appropriate for use in all jurisdictions, or that The Services offered by The Service Provider are available or indeed appropriate for sales or use in all jurisdictions, or by all clients or potential clients.
Those whom access and/or use The Services offered by The Service Provider do so at their own discretion, and are therefore responsible for compliance with applicable legislation and appropriate regulations.
Copyright and Intellectual Property Rights
The Service Provider provides information to You through the use of The Services. All information regarding The Services sent to You, Your affiliates, and/or subsidiaries, or any other third party owners of such content is subject to applicable copyright provisions. Copyright includes but is not limited to literary works, artistic works and computer programs (The Content). All such proprietary works, and the compilation of the proprietary works, are copyright and is protected by South African and International copyright laws.
The Service Provider reserves the right to make any changes to The Services, The Content and/or products offered at any time with or without prior notice. All rights in and to The Content is reserved and retained by The Service Provider; except as specified in The Terms and Conditions, You are not granted a license or any other right including but without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to The Content.
Limitation of Liability
The Services and all The Content, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Service Provider makes no warranty or representation as to the availability, accuracy or completeness of The Content. Neither The Service Provider nor any holding company, affiliate or subsidiary of The Service Provider, shall be held responsible for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access The Services or The Content including any functionality even if The Service Provider is expressly advised thereof.
In particular and so far as allowed by law The Service Provider its subsidiaries and affiliates, and licensors do not represent or warrant to You that:
- Your use of The Services will meet Your requirements or that,
- Your use of The Services will be uninterrupted, timely, secure or free from error.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to The Services except to the extent that they are expressly set out in The Terms and Conditions.
Your use of The Services
You agree that Your use of The Services is for lawful purposes only. You agree that You will not use The Services for any unlawful purpose, including but not limited to committing a criminal offence, gaining unauthorised access to other computer systems, or transmitting unlawful material. You agree to apply all reasonable means to prevent spam generation and to respect good practices in terms of sending SMS, MMS and e-mail and to comply with The Service Provider's Anti-Spam Policy.
Anti-Spam Policy
Spammers are prohibited from using The Services. You must have the permission of your recipients to send them SMS, MMS and e-mail messages. You must not use purchased SMS, MMS and e-mail lists. You agree not to use The Services to send spam. You also agree not to send any obscene or pornographic images or content.
The Service Provider has several anti-spam tools available including abuse reports, and The Service Provider take them very seriously, and will take the appropriate action to stop the issue with immediate effect. The Service Provider reserve the right to shut down Your account at any time, should it transpire that You are indeed sending spam messages. The Service Provider urge You to be familiar with anti-spam laws such as:
You also agree to the following anti-spam rules and regulations:
- Not to send any spam messages
- Not to violate the Anti-Spam laws
- Respect all local and international laws for both Your locale and that of the recipient
- Not to send messages containing viruses, spiders, worms, trojan horses or malicious routines
- Not to engage in libel, defamation, discrimination, disparagement, personal attack, insults, whether based on race, ethnicity, gender, sexual preference, religion, creed or any other such activities
- Not to create a false identity for the purpose of misleading the recipients of Your messages
- Not to create confusion between Your identity and the identity of The Service Provider amongst Your recipients
- Respond within 36 hours to any messages and/or phone calls The Service Provider may have regarding spam complaints or recipient and ISP abuse inquiries
The Service Provider reserves the right to prevent the delivery of any SMS, MMS and e-mail messages that The Service Provider suspect is spam.
You agree to indemnify The Service Provider and its officers, directors, employees, agents and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney fees, resulting from Your breach of any of the provisions of The Terms and Conditions or The Service Provider's Anti-Spam Policy.
Billing and Payment Conditions
Service fees are payable to The Service Provider on a pre-paid basis, by way of Electronic Fund Transfers (EFT), or such other manner as agreed, before the commencement of The Services. Any payments will first and foremost be applied to settle any outstanding invoices and/or accounts in arrears, before being applied to any newly requested services.
Credits purchased for the intent to send SMS, MMS and e-mail messages, will only be valid for a period of 12 months from the date of purchase, and any remainder credits (from this particular purchase) will be forfeited after 12 months.
Termination of the relationship between You and The Service Provider
The Terms and Conditions will continue to apply until the agreement between You and The Service Provider is terminated with regards to The Services.
The Service Provider may at any time, terminate this agreement due to any one of the following reasons:
- You have breached any provision of The Terms and Conditions or The Service Provider's Anti-Spam Policy
- Where You have acted in a manner in which clearly shows that You have no intent to, or are unable to comply with provisions of The Terms and Conditions or The Service Provider's Anti-Spam Policy
- The Service Provider is required to do so by law (for example, where the provision of The Services to You is, or becomes, unlawful)
Choice of Law
The Services is controlled, operated and administered by The Service Provider from The Republic of South Africa. The Service Provider makes no representation that The Content is appropriate or available for use in certain locations or countries. Access to The Services from territories or countries where The Content is illegal is prohibited. You may not use The Services in violation of South African export laws and regulations. If You access The Services from locations outside of South Africa, then You are responsible for compliance with all local laws.
The laws of The Republic of South Africa shall govern The Terms and Conditions, and You consent to the jurisdiction of an Applicable Court (depending on the quantum of the contractual value) of South Africa (North Gauteng Provincial Division), in the event of any dispute.
If any of the provisions of The Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, then that provision shall not be enforced but the remainder of The Terms and Conditions shall continue in full force and effect.
Changes to The Terms and Conditions
If we decide to change our Terms and Conditions, we will post those changes on this page, and update The Terms and Conditions modification date below.
The Terms and Conditions was last modified on the 4th of September 2012