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whichBroadband - All the broadband you need!

Terms of Your use of Whichbroadband and The Service

  1. Definitions

    1. "Whichbroadband" or "The Service" or "We" or "Us" or "Our" is an interactive on-line service operated by WhichOne on the World Wide Web of the Internet, consisting of information services and content provided at www.whichbroadband.co.za and its sub-pages.
    2. "You" or "Your" means each person who establishes a connection for access to or makes use of Whichbroadband or its services.
    3. This page (together with the documents referred to on it) tells you the terms and conditions (the "Terms") on which you may make use of The Service, whether as a guest or a registered user.

  2. Usage

    1. Please read these Terms carefully before you start to use The Service. By using The Service, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using The Service.
    2. We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in the Terms may also be superseded by provisions published elsewhere on The Service.
    3. The Service (Whichbroadband) is intended for your personal and private use only.
    4. You may not authorise others to use The Service, and you are responsible for all use of Whichbroadband by you and by those you allow to use, or provide access to, The Service.
    5. The Service is not intended for persons under the age of 18.
    6. The Service is intended for use only in South Africa.
    7. Access to The Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide or Whichbroadband without notice. We will not be liable if for any reason The Service or services are unavailable or discontinued at any time or for any period.
    8. You agree that neither your use of Whichbroadband nor anything in these Terms creates a joint venture, partnership or agency relationship between us and you.

  3. Your responsibility

    3.1 Whilst using The Service, You warrant and undertake to Us that You will use Your best endeavours to ensure that Your Material and Your Communications and Your use of The Service is in compliance with all applicable laws and regulations and in particular that it is not in the opinion of Us:

    1. Defamatory, offensive, indecent or of an obscene or menacing character; or likely to cause annoyance, inconvenience or anxiety to any person; or
    2. Likely to breach any copyright or confidentiality or privacy or other intellectual property of us or any person; or
    3. Fraudulent or connected in any way with the committal or possible committal of a criminal offence; or
    4. Material of a racial or sexually discriminatory nature; or
    5. Advertisements, solicitations, chain letters, investment opportunities, pyramid schemes or commercial schemes of any kind or other unsolicited commercial communication; or "spam" mail; or
    6. Material that contains a mail bomb; or
    7. Software or material which contains any "virus", "trojan horse", "worm", "data bomb", "logic bomb" or any other similar component; or
    8. In breach of these terms of use.

    3.2 You warrant in further that You will not use The Service to copy, modify, license, create derivative works from, transfer, post, publish, transmit, reproduce, distribute or in any way exploit:

    1. any information, software or other material obtained through The Service or from Whichbroadband for commercial purposes (other than as expressly permitted by these Terms or by the provider of such information, software, code or other material); or
    2. any information, software, graphics or other material obtained through The Service which is protected by copyright or any intellectual property rights or other rights anywhere in the world, or any derivative works with respect to such works in each case except if expressly permitted by these Terms or the copyright owner or rights holder; or
    3. any component of The Service itself or derivative works with respect thereto.

    3.3 You must:

    1. provide Your own access to the Internet and pay all associated telecommunication service and access fees; provide all equipment necessary to make connection to the Internet; and
    2. ensure that Your use of Whichbroadband and/ or The Service is consistent with all applicable laws and regulations.
    3. confirm and warrant that all the information supplied by You when You Register is true, complete and accurate in all respects. You agree to maintain and keep Your details up-to-date

  4. Data protection and privacy

    1. Whichbroadband does not knowingly collect personally identifiable information from users at this time.
    2. We have the right (but not the obligation) to monitor The Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate The Service properly, or to protect itself, its group companies or its other subscribers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law.
    3. You acknowledge that any personal information disclosed by You in public areas of The Service is at Your own risk and may be used by others.
    4. We do not at this time collect personal information. However We reserve the right to utilize and distribute collated usage, opinion and search data or statistics in any manner We deem fit.

  5. Indemnity

    You indemnify and hold Us harmless from all losses, liabilities, costs, and expenses incurred through the use of Whichbroadband, including those in connection with any claim by any third party with respect to any alleged or actual infringement of copyright, trademark, or any other proprietary rights or any false or misleading statements or breach of advertising standards arising in any way from Your use of The Service or the placement or transmission of any message, information, software or other materials through The Service by You or any users for whom you enable access or any violation of these Terms by You or any users for whom you enable access.

  6. Our liability

    Whichbroadband is providing this Service on an 'as is' basis and makes no representations or warranties of any kind with respect to its contents and disclaims all such representations and warranties. In addition, We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on Whichbroadband. The information contained in and distributed by Whichbroadband may have technical inaccuracies or typographical errors. All liability of Whichbroadband howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
    1. Neither Whichbroadband.com nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of Whichbroadband. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
    2. Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights You may have as a consumer under South African law or other statutory rights which may not be excluded.

  7. Intellectual property and rights

    1. All rights, including copyright, in the content of these web pages from time to time are owned or controlled for these purposes by Us.
    2. All trademarks, names, and logos are the proprietary marks of Us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies.
    3. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyright works, or software or software code or other intellectual property, by placing them on a Whichbroadband website.
    4. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyright works, or software or software code or other intellectual property, by placing them on a Whichbroadband website.
    5. Copying and/or storage of whole or part of Whichbroadband or the information contained therein or reproduction or incorporation of any part of it in any other work or publication whether paper or electronic media or any other form for commercial purposes is expressly prohibited without prior permission.

  8. Content

    1. Information and data published on Whichbroadband or via The Service is for information only and we do not hold ourselves out as giving advice. We disclaim all liability and responsibility arising from any reliance placed on such information or data by any visitor to or user of Whichbroadband, or by anyone who may be informed of any of its content.
    2. Depending upon Your browser the content of Whichbroadband may vary. We accept no liability if You cannot view any part or component of Whichbroadband or cannot access or receive the full use of The Service.
    3. We reserve the right to change any information, functions or features on Whichbroadband or provided by The Service.
    4. We shall not be held liable for any material available at or linked from Whichbroadband which is provided by any third party.
    5. Whichbroadband contains hypertext links to websites that are not operated by Us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such sites does not imply any endorsement of the material contained on the sites or of the owners.
    6. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, are in its sole discretion unacceptable, undesirable, inappropriate or in violation of these Terms.
    7. Whichbroadband is not responsible for the content of any website linked from the Whichbroadband, and does not necessarily endorse the views or information expressed within them. Whichbroadband cannot guarantee that these links will work all of the time and has no control over the availability of any of these sites.

  9. Restrictions and termination

    1. We reserve the right in our sole discretion to deny users access to Whichbroadband or any part of Our website or The Service without notice and to decline to provide the service to any user that is in breach of these Terms.
    2. We do not guarantee that Your personal information will not be intercepted by others and decrypted during transmission.
    3. We will not be liable for any loss or damage of any sort incurred as a result of You dealing with or providing information to any merchant, third party or information or service provider through The Service. You agree that all information You provide any such merchant, third party or information or service provider through The Service for purposes of making purchases will be accurate, complete and current. You agree to pay all charges incurred by users of Your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through The Service.
    4. Contracts for the supply of services formed through Whichbroadband or as a result of visits made by you are governed by the terms and conditions of supply of the provider and not by these Terms. Whichbroadband is not party to such contracts or services between You and such a provider.

  10. General

    1. These Terms (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with South African law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of Gauteng courts.
    2. The failure of Whichbroadband to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court to be invalid or unenforceable, the other provisions of these Terms shall be unaffected and remain in full force and effect.