TERMS & CONDITIONS OF USE

1.           INTRODUCTION

1.1.            MWEB AFRICA ("MWA") has entered into agreements with international satellite providers in terms of which it is entitled to re-sell certain satellite services.

1.2.            MWA sells VSAT access to a satellite network on a subscription basis, which enables the use of the internet, an e-mail address, e-mail services and such other value added services as MWA may offer from time to time.

1.3.            The customer intends to become a subscriber to the Service.

1.4.            MWA grants the customer access to the Service on the terms and conditions that follow below.

2.           INTERPRETATION

 

In these terms and conditions of Use:

 

2.1.            an expression which denotes: (i) any gender includes the other genders; (ii) a natural person includes a juristic person and vice versa; (iii) the singular includes the plural and vice versa;

2.2.            the rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract shall not apply to these Terms & Conditions;

2.3.            unless the context indicates a contrary intention the words and expressions defined in clause 3 shall, throughout these Terms & Conditions, bear the meanings assigned to them in that clause 3 and cognate expressions shall bear corresponding meanings;

2.4.            where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

2.5.            clause headings are included for convenience only and are not to be used in the interpretation hereof.

3.           DEFINITIONS:

 

In these terms and Conditions:-

 

3.1.            Abusive Content means content (including without limitation words and images) which we consider to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights, regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;

3.2.            Agreement means the Subscriber Sign-up Form and these Terms and Conditions of Use, the on-line Service Order Form, accessible at www.mwebafrica.com, and all terms, conditions and policies prescribed by MWA, as may be amended from time to time, which are also available at www.mwebafrica.com;

3.3.            BUC means Block Up Converter which is used in the transmission (uplink) of satellite signals. It converts a band (or "block") of frequencies from a lower frequency to a higher frequency;

3.4.            Business Hours means 09h00 to 16h00 on business days;

3.5.            Cables mean RJ6 or RJ11 cables used for connecting the BUC and the LNB to the IDU.

3.6.            Communication Facilities includes (without limitation) our email, instant messaging (IM), SMS, chat rooms, discussion boards, albums, communities, classifieds and similar facilities used for the purposes of communicating in real-time or otherwise with other persons whether they are Subscribers or not;

3.7.            Destructive Code means any computer code which:-

3.7.1.                  is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as "viruses", "Trojan horses" or "worms");

3.7.2.                  would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead" code);

3.7.3.                  would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes); and

3.7.4.                  any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations;

3.8.            Effective Date means the date on which MWA activates the customer as a Subscriber to the Service;

3.9.            Fraud means fraud as it is understood in its commonly used legal context which includes (without limitation) solicitation or inducement of any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, "pyramid schemes" or "chain letters";

3.10.        Hardware means, without limitation, type approved customer premises hardware, terminal and electronic equipment being the antenna, BUC, LNB, cables and IDU.

3.11.        IDU means Indoor Unit - a device that is placed indoors to interface the transceiver with the Subscriber’s communications device, such as a personal computer;

3.12.        Initial Period means a period of 12 (twelve) months calculated from the Effective Date;

3.13.        Intellectual Property Rights means any and all rights, title and interest in (whether registered or not) any intellectual property, including copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, source code and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights;

3.14.        LNB means Low Noise Block down converter, which is an electronic part of a satellite earth station that is used to amplify the signal collected by the reflector and the feedhorn;

3.15.        Misrepresentation includes (without limitation):-

3.15.1.              actions designed to deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;

3.15.2.              impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose;

3.15.3.              altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations; and

3.15.4.              forging or otherwise manipulating origination details and data on any electronic data message generated by our Communication Facilities with a view to disguising or deleting the origin of anything posted or transmitted using our Network;

3.16.        MWEB Africa or MWA or we or our means a division of Multichoice Africa Limited, a company incorporated and existing under the laws of Mauritius, registration number 43308 C1/GBLand of 206 Business Park, Grand Baie, Mauritius

3.17.        MWA Website or Portal means www.mwebafrica.com;

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