eZMobile Solutions t/a PC2SMS Terms and Conditions

1. ACCESS TO THE SERVICE
PC2SMS shall use all reasonable endeavours to ensure that the short message service ("SMS service") is available on a 24 (twenty four) hour, 7 (seven) days a week basis. The customer is responsible for maintaining all devices and services necessary to enable access to the relevant PC2SMS SMS service and use of such service.

2. CUSTOMER'S RESPONSIBILITIES AND LIABILITY

2.1 SMS Code of Practice
Customers shall be responsible for familiarising themselves and adhering to the SMS Code of Practice at all times as approved by PC2SMS. In this regard it is recorded that the SMS Code of Practice is a standard document available on www.waspa.org.za/code/codeconduct.shtml that was drafted to govern the provision of SMS services. As such it must read, for the purposes of these terms and conditions, in the context of the provision of SMS services, and all references therein to SMS services shall be deemed, mutatis mutandis, to be reference to SMS services provided pursuant to these terms. This code may change from time to time and without notice to the customer.

2.2 Malicious Disruption and Damage
Should the customer engage in malicious disruption or cause damage to any PC2SMS services, infrastructure or systems the customer shall be liable for all damages (whether direct or indirect) and associated costs resultant from such conduct.

2.3 SMS Content
The customer accepts full responsibility for the content of messages transmitted by means of the SMS service and agrees not to submit any messages for transmission via the SMS service the content of which is improper, immoral and/or unlawful or which contains any violent, offensive, discriminatory, illegal or pornographic material. The customer must ensure that the content of SMS messages do not cause disturbance or harassment to the recipient thereof. The Customer must further ensure that the necessary consents, authorisations and permissions are obtained or granted before making use of the SMS services

2.4 SMS Content Interpretation
PC2SMS and/or the respective GSM Network Operators shall not be responsible for refunding the cost of any SMS messages if the cell phone of the recipient interprets any part of the message differently to that originally intended by the sender; or if any third party application used in the creation of sending SMS messages interprets the message content differently to that originally intended by the sender. PC2SMS advises testing any bulk SMS messages to a single cell number before sending as bulk, to avoid any complications.

2.5 Spamming
PC2SMS and the respective GSM Network Operators will not tolerate the sending of unsolicited messages ("spamming") by the customer. The customer shall ensure that no SMS messages are sent to recipients who have advised that they do not wish to receive messages of a particular and or any kind. Failure to abide by the provisions of this clause will result in the suspension of access to the SMS service, without recourse to any fees paid to PC2SMS. The customer hereby indemnifies PC2SMS (including its agents, shareholders, employees, officers and subsidiaries) against any claims, loss or damage caused as a consequence of the failure by the customer to abide by the provisions of this spamming clause. The customer should furthermore be aware that spamming is against the regulations laid down by ICASA (South African Telecommunications Regulatory Authority), who in their own right are lawfully entitled to take action against any party found guilty of spamming.

2.6 Message Validity
SMS messages submitted for transmission to the recipient shall have an assigned validity period of 24 (twenty four) hours during which time the relevant GSM Network Operator shall at regular intervals, attempt to effect delivery of the SMS messages unless an alternative validity period is selected by the client, where available. Should the validity of the message expire prior to successful delivery, all unsent messages shall be discarded without notice to the customer.

2.7 The Customer shall:
2.7.1 make freely available to the recipient the terms and conditions upon which the SMS services are provided.

2.7.2 in exercising its rights and meeting its obligations in accordance with these terms, ensure that it at all times complies with the terms and conditions of the License and in particular shall:

2.7.2.1 ensure that any information it obtains or receives in respect of the Recipients is kept confidential and is not disclosed, communicated or made accessible to any third parties;

2.7.2.2 comply with PC2SMS's Code of Practice for Consumer Affairs and the SMS Code of Practice;

2.7.2.3 develop and enforce guidelines for handling enquiries and complaints from its customers.

2.8 The Customer shall :
2.8.1 not be entitled to charge the recipients of the SMS messages;

2.8.2 ensure that the appropriate mechanisms exist to enable a Recipient to withdraw or cancel consent at any time to receive SMS messages, whereupon the customer shall cease to transmit such SMS messages to such recipient;

2.8.3 ensure that it is apparent, on all SMS messages, from whom the SMS message originates.

2.9 Changes to Service Offerings and Content
PC2SMS reserves the right to modify, enhance, discontinue and further develop the relevant SMS offering, at any time without prior notice.

3. PROHIBITED USES

3.1 The customer shall not use any of the services provided as a high volume incoming facility as would traditionally be used in industries such as vehicle tracking.

4. BILLING

4.1 SMS Billing Methodology
The customer agrees to pay to PC2SMS the charges as set out in the application form. Should there be a disputed transaction, PC2SMS shall endeavour to make the necessary investigations to the best of its abilities and attempt to rectify the discrepancy, but should such investigation prove to be inconclusive, the message transaction logs, as maintained by PC2SMS and the respective GSM Operators shall be deemed to be prima facie proof of SMS messages sent. PC2SMS shall not be liable to refund credit card transactions and reserves the right to do so at its sole discretion.

4.2 Credit Limit
The customer acknowledges and accepts that although Credit Limits are put in place, the customer is liable for all and any costs that may exceed this limit, through the use of the service.

5. LIMITATION OF LIABILITY

5.1 Message delivery
The customer acknowledges and accepts that the provision of the relevant PC2SMS SMS service is enabled through PC2SMS agreements and relationships with various service providers and their agreements with Network Operators in various countries. PC2SMS is therefore only able to act under the conditions imposed through such agreements. A list of relevant SMS Roaming Partners, from time to time, is available on the PC2SMS SMS website. The delivery of SMS messages is subject to the availability and performance of the respective service providers' and/or GSM Network Operators technical systems and network and cannot be guaranteed by PC2SMS. SMS messages submitted through the relevant PC2SMS SMS service will be transferred to the recipient's mobile terminal within times ranging from a few seconds to a few minutes depending on the conditions prevalent at the time of submission. SMS message delivery performance is further subject to the recipient's mobile terminal being switched on and located within an area that is acceptably covered by the recipient's GSM Network Operator. Consequently, PC2SMS cannot guarantee the delivery of SMS messages that may be affected by possible network outages and errors on the part of any GSM network. PC2SMS shall not be liable to refund the customer for undeliverable SMS messages. PC2SMS will however make every effort to ensure that all SMS messages are delivered. Certain Roaming Partners prevent their subscribers from receiving SMS messages, for reasons beyond PC2SMS's control, and in such cases the delivery of SMS messages is not possible. The sender will be charged for all SMS messages delivered to the respective GSM Network Operator, regardless of whether the SMS message is, in fact, delivered by such GSM Network Operator to the recipient.

5.2 Exclusion of PC2SMS's Liability
Due to the nature of the SMS service, PC2SMS cannot be held responsible for loss incurred through the use of any of the PC2SMS SMS services, infrastructure or systems 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 risks resultant from the use of the said service, infrastructure or systems The PC2SMS SMS service and all information and other content (including third party, information and content) provided by, included in or accessible from the PC2SMS website, are provided "as is" and are subject to change at any time without notice to the customer. To the fullest extent permitted by law, PC2SMS disclaims all representations 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 and other content (including third party information and content) provided by, included or accessible from the PC2SMS website. In no event shall PC2SMS be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential 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 PC2SMS SMS services infrastructure or systems, even if PC2SMS 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.

THE USER HEREBY INDEMNIFIES AND HOLDS PC2SMS HARMLESS AGAINST ANY AND ALL DAMAGES, LIABILITIES, FINES AND RISKS THAT MAY FOLLOW FROM THE TRANSGRESSION OF THESE TERMS AND CONDITIONS.
PC2SMS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE PC2SMS WEBSITE OR THE SERVICES OR CONTENT PROVIDED FROM AND THROUGH THE WEBSITE. FURTHERMORE, PC2SMS MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR OTHERWISE, THAT, AMONGST OTHERS, THE CONTENT AND TECHNOLOGY AVAILABLE FROM THE WEBSITE ARE FREE FROM ERRORS
OR OMISSIONS OR THAT THE SERVICE WILL BE 100% UNINTERRUPTED AND ERROR FREE.

The PC2SMS web site is supplied on an "as is" basis and has not been compiled or supplied to meet the User's individual requirements. It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with PC2SMS that the service available from and through the website will meet the User's individual requirements and be compatible with the User's hardware and/or software.

Users are fully and exclusively liable for any and all risk resultant from the use of the services.

Users agree to hold PC2SMS harmless and indemnify PC2SMS fully against any claim by any third party, including message recipients or end users, as a result of any systems failure, message delivery failure, message corruption, interruption or termination of services, breach of privacy or breach of data security.

Users indemnify and hold PC2SMS harmless against all damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by a User that constitutes a breach or contravention of any legislation, regulations, code of conduct (including the WASPA Code of Conduct) or network provider codes of practice or acceptable usage policies.

Users indemnify and hold PC2SMS harmless against any claims, actions or damages from any party as a result of the fraudulent or unauthorised use of the User’s Username and password or loss thereof.

PC2SMS shall not be liable to Users in any circumstances for any indirect, contingent or consequential loss (including, but without being limited to, loss of revenue, loss of business or loss of profits) sustained or incurred by the User, howsoever arising.

PC2SMS services are provided "as is" and are subject to change at any time without notice to Users. To the fullest extent permitted by law, PC2SMS disclaims all representations 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.

Without derogating from the a foregoing, in no event shall PC2SMS 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 or unauthorised use of the services, whether such damages arise in contract, delict, under statute, in equity, at law or otherwise.

PC2SMS shall grant a User an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable end User documentation, if any, and only in conjunction with the PC2SMS services. The User may not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to PC2SMS products and/or services. The User acknowledges that PC2SMS, and its licensors retain ownership of all propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof, and all rights therein. Upon termination of this services for any reason, this License will terminate and the User shall destroy and cease to use all software and applications. The software is provided and applications are offered, "as is" and subject to the warranty disclaimers and limitations of liability found elsewhere in these terms and conditions. It is the responsibility of the User to test the software and services should they wish prior to entering into this agreement.

Content from the PC2SMS website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of PC2SMS.

6. INTELLECTUAL PROPERTY RIGHTS
The information, media, systems and content provided by PC2SMS through the PC2SMS SMS service for the customer's use, including all intellectual property rights therein, is the sole property of PC2SMS and/or third party suppliers and the customer shall not acquire any rights therein or thereto. Unauthorised reproduction or distribution of the aforesaid or any portion thereof will be prosecuted to the full extent of the law.

7. TERMINATION
The customer acknowledges that PC2SMS reserves the right at any time during the tenure of the agreement to at its sole discretion disable, suspend, terminate or remove any customer's service, without notice, should PC2SMS in its reasonable opinion believe that the customer has contravened or breached any provision of these terms and conditions. PC2SMS may also, at its sole discretion, at any time, cease to provide the SMS service, or any part thereof and/or effect developments and/or modifications to the SMS service, in which event, the customer shall have no claims against PC2SMS as a result thereof.

8. GENERAL
The customer shall be bound by these terms and conditions in all aspects and shall comply with all laws, regulations and restrictions that apply to the customer. PC2SMS shall be entitled to modify the said terms and conditions in its sole discretion from time to time. Any delay in the enforcement of any of terms by PC2SMS shall not be deemed to be a waiver of such right(s).

Your privacy is important to us and we provide this notice explaining our online information practices and the choices you can make about the collection and use of the personal information you submit at this Website.

In order to purchase products or services from PC2SMS, we require that you provide us with certain personally identifiable information (please see our Terms of Service for additional details). The types of personally identifiable information that may be collected by PC2SMS through the Website include, without limitation: name, address, e-mail address, cell phone number and MSISDN (mobile station integrated services digital network number), credit card and billing information, download history, customer generated content and/or information about your interests in and use of various products, programs, and services. PC2SMS will not collect any personally-identifiable information about you unless you provide it to us voluntarily.

We may use such personally identifiable information to provide the services that you have requested, to contact you about programs, products, features or services in which we believe you may be interested (such as future promotional materials), or for other purposes disclosed from time to time. We also may use your personally identifiable information to contact you regarding your use of our Website or changes to our Privacy Policy, Terms of Service, or other policies or terms that affect you and your use of our Website and services. In addition, we may use information collected about our users to improve the content and navigation of our Website, or for other internal purposes.

To fulfill your requests for products and services, we may share the personally identifiable information you provide with your cell phone service provider or their partner and subcontractor companies. Please know that this Privacy Policy does not cover such entities use of information. To learn more about your provider’s privacy practices, you should consult its privacy policy.

In addition, we may disclose personally identifiable information collected about you in the following instances:

A. Legal Action: We may disclose information about our users, including personally identifiable information; (i) when requested by governmental or quasi-governmental authorities conducting an investigation; (ii) if required to do so by subpoena, court order or legal process; (iii) to verify or enforce compliance with the policies governing our Website and applicable laws; or (iv) to protect against misuse or unauthorized use of our Website. We also may disclose user information whenever we believe disclosure is necessary to limit our legal liability; to protect or defend our rights or property; or protect the safety, rights, or property of our users.
B. Change in Control: We may sell, transfer, or otherwise disclose user information, including personally identifiable information, to a successor entity in connection with a corporate merger, consolidation, the sale of substantially all assets, or other corporate change respecting PC2SMS, the Website and/or the services offered hereby.

Except as stated in this Privacy Policy, or as otherwise stated at the time personally-identifiable information is gathered, PC2SMS will not provide personally-identifiable information to third parties who are not under the direction and control of PC2SMS.

9. GOVERNING LAW
The terms and conditions are subject to and shall be interpreted in accordance with the laws of the Republic of South Africa

10. Links to Other Websites
The Website may contain links to third party websites, whose information practices may be different than PC2SMS’s. Visitors should consult such third-party sites’ privacy notices as PC2SMS does not have any control over information that is submitted to, or collected by, these third parties. PC2SMS does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party.

These links are provided solely as a convenience to you and not as an endorsement by PC2SMS of the contents on such third-party websites. PC2SMS cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Website, since these sites are owned and operated by independent retailers.

PC2SMS is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. PC2SMS has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. If you decide to access linked third-party sites, you do so at you own risk. PC2SMS strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.

11. Data Security
The importance of security for all personally-identifiable information associated with visitors to the Website is of utmost concern to PC2SMS, and we have implemented, and periodically review, certain physical, electronic, and managerial procedures to help prevent unauthorized access and maintain data security. Unfortunately, due to the open nature of Internet communications, no data transmission over the Internet can be guaranteed to be secure, and thus we cannot guarantee that communications between you and PC2SMS will be free from unauthorized access by third parties. Visitors of the Website and Customers use the site at their own risk.

12. PROPRIETARY RIGHTS
All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to PC2SMS, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site is expressly reserved.

13. INTERCEPTION OF COMMUNICATION
Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to PC2SMS's right to intercept, block, filter read, delete, disclose and use all communications (including all Ôdata messages" as defined in the ECT Act ) send or posted by the User to the PC2SMS 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.

14. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between PC2SMS and the User.

15. YOUR ACCEPTANCE OF THESE TERMS
By accessing the Website, you signify your assent to the PC2SMS Privacy Policy. If you do not agree to this Policy, please do not access the Website. You should visit this page periodically, as we may, from time to time, update this Privacy Policy and such changes shall be effectively immediately upon posting on the Website and without further notice to you. Your continued access to the Website following the posting of changes to this Privacy Policy shall be deemed an acceptance of such changes by you. PC2SMS will, however, use personally-identifiable information only in accordance with the version of the Privacy Policy under which the information was collected.

16. WAIVER
Any failure by PC2SMS to exercise or enforce any right or provision of these terms and conditions shall in no way constitute a waiver of such right or provision.

17. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at: sms@pc2sms.biz