This document sets out the terms and conditions on which our internet access (“the Service”) is provided to you, a customer of Accelerit Technologies (PTY) LTD t/a Accelerit (“us”) in consideration for your custom, your agreement to these terms and conditions and your agreement to allow us to send to you by e-mail our promotional and marketing material;
1. Extent of the Service
1.1 We do not recommend in particular the use of any websites (or other internet related services) (“Internet Services”) and your use of Internet Services is carried out entirely at your own risk.
1.2 We have no responsibility for, or control over, the Internet Services you access and do not guarantee that any services are error or virus free.
1.3 We have no responsibility for, or control over, the information you transmit or receive via the Service.
1.4 Save for the purposes of network diagnostics we do not examine the use to which you put the Service or the nature of the information you send or receive.1
1.5 We do not guarantee:
1.5.1 the availability of the Service;
1.5.2 the speed at which information may be transmitted or received via the Service; or
1.5.3 that the Service will be compatible with your equipment or any software which you use.
1.6 Whilst we take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service, we do not guarantee the security of the information which you may transmit or receive using the Service or located on any equipment utilising the Service and you accept that it is your responsibility to protect your information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of your information and data.
1.7 We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.
2. Your Use of the Service
2.1 You must not use the Service to access Internet Services, or send or receive e-mails, which:
2.1.1 are defamatory, threatening, intimidatory or which could be classed as harassment;
2.1.2 contain obscene, profane or abusive language or material;
2.1.3 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
2.1.4 contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
2.1.5 contain material which infringe third party’s rights (including intellectual property rights);
2.1.6 in our reasonable opinion may adversely affect the manner in which we carry out our business; or
2.1.7 are otherwise unlawful or inappropriate;
2.2 Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorised its use by you.
2.3 We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses 2.1 to 2.3 above.
2.4 The Service is intended for consumer use only. In the event that you use the Service for commercial purposes we would specifically refer you to clause 5.2 below.
3. Criminal Activity
3.1 You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the South Africa or in any country throughout the world.
3.2 You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
3.3 You agree and acknowledge that we may keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address
3.4 You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.
4. Our Use of your Information
4.1 Subject to clauses 3.3 and 3.4 above we confirm that we shall use the contact details you provide to us solely for the purposes of contacting you with marketing information, updates, promotions and special offers relating to our business.2
5.1 You agree to compensate us fully for any claims or legal action made or threatened against us by someone else because you have used the service in breach of these terms and conditions, and in particular clause 2.1 to 2.3 and 3.1 above.
5.2 Whilst we do not seek to limit our responsibility for fraudulent misrepresentation or if you are injured or die as a result of our negligence we have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.
5.3 We agree that neither this agreement does not allow either party to act as, or hold themselves out as, acting as an agent of the other party and that that the terms of this agreement are not enforceable by a third party.
5.4 This agreement is governed by the law of South Africa and is subject to the non-exclusive jurisdiction of the South African courts.
We guarantee that personal information provided by the user will be employed solely for the purpose of providing any service that the user has requested.
We guarantee that no user data, personal or otherwise, will ever be passed to external agencies or third parties for any reason unless required by law.
Refunds and Cancellation Policy
1.1 Accelerit has a 7-day device return policy. Devices can be returned for any reason during this period. Returned Units must be in the same condition as shipped (including all shipped packaging, parts and accessories) to be eligible for a refund or exchange. Returns that are incomplete or not in shipped condition will not be replaced with new units or be only partially replaced with refurbished or repurposed items.
1.2 Exchanges or returns will be for the Client’s cost, and Accelerit will not be liable to reimburse any costs. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.
1.3 All manufacturer’s warranties, for the repair or replacement of faulty units will be available to the Client. The warranty is limited to items covered by the manufacturer only. The warranty does not cover lightning damage or any damage deemed to have been caused by the Client’s misuse or mistreatment of the product (including damage due to improper return shipping of the product for exchange).
1.4 Repair or replacement of devices out of warranty will not be facilitated by Accelerit, unless the Client is purchasing a new replacement device. This will also apply to the use of accessories (such as external antennae) or modifications which are not supported by the manufacturer and effectively void the warranty.
1.6 Accelerit reserves the right to replace a equipment with a refurbished unit, which will be provided under existing warranty conditions.
1.7 Failure to abide by Accelerit’s policy can result in deductions to the claimed refund or rejection of claims for refund or exchange.