Contact Information

Email

South Africa

2 Punters Way
Kenilworth 8001
Cape Town

Definitions

  1. The following terms will be assigned the following meanings when used in these terms and conditions:
    1. “Owner” and/or “we” means E. Robinson, the proprietor of the Send SMS to Website website;
    2. “user” means any person accessing any part of the website, including the home page;
    3. “consumer” means any person (including juristic persons, partnerships and trusts) who enters or intends entering into an electronic transaction with this website as the user of the services offered by this site;
    4. "the or this website" means http://www.Send-SMS-to-Website.com, https://www.Send-SMS-to-Website.com and all content found therein, including but not limited to any text, images, computer programs, software code, metadata, databases, graphic design elements and all other materials accessible through the site, excluding links to external third party websites;
    5. "Intellectual Property Rights" means all patents, trademarks, designs, trade or business names, trade secrets, know-how, and copyright or any changes or additions thereto (if any), whether or not registerable, registered or application for registration of any such rights has been made in any country;
    6. “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
    7. “party/ies” means Owner and the user, or any one of them as the context indicates;
  2. The clause headings in these terms and conditions have been inserted for purposes of convenience only and will not be taken into consideration in its interpretation;
  3. Any reference to:
    1. the singular includes the plural and vice versa;
    2. any gender includes the other genders; and
    3. a natural person includes a juristic person and vice versa.
  4. Any reference to "days" means calendar days, and any time period prescribed in these terms and conditions will be calculated by excluding the first and including the last day of that period.
  5. The word "including" means "including without limitation". The use of the word "including" followed by a specific example/s willl not be construed as limiting the meaning of the general wording preceding it.

Binding agreement

  1. BY ACCESSING AND USING THIS WEBSITE, THE USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ANY PRIVACY, ACCEPTABLE USE OR OTHER POLICIES WHICH ARE PUBLISHED ON THIS WEBSITE.
  2. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST LEAVE THE WEBSITE IMMEDIATELY. IF YOU DON’T, YOUR CONTINUED USE OF THE WEBSITE WILL BE INFERRED TO BE A STATEMENT OF YOUR INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS AS PER SECTION 24 OF THE ECT ACT.
  3. If you cannot access these terms and conditions from any link provided on the website at any time, please request a manual copy from or contact us on .

Registration

  1. When registering to use this website, users agree that:
    1. they will provide full and accurate information when required, including a username and password;
    2. registration is for a single user and a user’s username and password cannot be shared with any other person or be used to allow multiple access to other users over a network;
    3. they will not impersonate or attempt to impersonate any other person or use any false names or details when registering; and
    4. they will frequently check and update the information pertaining to their registration.

Acceptable use of this website

  1. Users agree that they will not utilise this website or any service provided on or through it to:
    1. upload, post or otherwise transmit any content that is unlawful, harmful, abusive, defamatory, obscene or otherwise objectionable;
    2. upload, post or otherwise transmit any content that constitutes harassment or hate speech, or which is invasive of the privacy of another;
    3. impersonate any person connected to this website or any service provided on it or otherwise misrepresent their association with any such person;
    4. take any steps to disguise the origin of any communications or content;
    5. take any steps to restrict access to any part of this website;
    6. upload, post or otherwise transmit any content that infringes the intellectual property rights of a third party or which the member is restricted from uploading, posting or otherwise transmitting by operation of law, contract or duty of care;
    7. use this website or any service provided on it to engage in any unsolicited, unlawful or unauthorised marketing, advertising or promotional activities, including but not limited to the harvesting of addresses and the sending of spam and chain letters;
    8. upload, post or otherwise transmit any content that contains any malicious code which is designed to or will have the effect of disrupting in any way and to any degree the operation of this web site or any service provided on it, and of any software, hardware or electronic communications equipment on which it relies for its operation;
    9. collect and / or store data on any other user or users;
    10. engage in any commercial activity on or through the website without the prior written consent of Owner.

No offer

  1. Users should regard nothing contained in this website as an offer, but rather as an invitation to do business.


User’s consumer rights under the ECT Act

  1. The purchase and sale of any services displayed on this website may be classified as “an electronic transaction” for the purposes of the ECT Act. Users, who are consumers for the purposes of Chapter 7 of the ECT Act, enjoy certain rights in relation to such electronic transactions which are set out below.
  2. Owner is required in terms of section 43 of the ECT to provide users with the following information:
    1. Website owner: E. Robinson;
    2. Legal status: E. Robinson is a sole trader and citizen of South Africa;
    3. Description of main business: SMS gateway forwarding service;
    4. E-mail address: ;
    5. Website address: http://www.Send-SMS-to-Website.com;
    6. Physical Address: 2 Punters Way, Kenilworth, Cape Town, South Africa, 8001;
    7. Postal Address: 2 Punters Way, Kenilworth, Cape Town, South Africa, 8001;
    8. VAT Number: -
    9. Membership of any self regulatory or accreditation bodies: -
    10. Applicable code/s of conduct: -
  3. The rights contained in section 44 of the ECT Act do not apply to the content and information goods and services provided on this website.

Disclaimers

  1. THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". OWNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.
  2. USERS AGREE THAT THEIR ACCESS TO AND USE OF THIS WEBSITE, INCLUDING THE DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE, IS AT THEIR OWN RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY INFORMATION SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS AND USE.

Limitation of liability

  1. USERS HEREBY CONFIRM AND AGREE THAT ANY CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE HAS NOT BEEN COMPILED TO MEET THEIR INDIVIDUAL REQUIREMENTS AND THAT THEY ARE RESPONSIBLE FOR SATISFYING THEMSELVES THAT THE CONTENT AND INFORMATION ACCESSED AND USED IS SUITED TO THEIR OWN REQUIREMENTS. IF THEY ARE NOT SO SATISFIED, THEIR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THIS WEBSITE.
  2. INFORMATION, IDEAS AND OPINIONS EXPRESSED IN THIS WEBSITE DO NOT CONSTITUTE PROFESSIONAL ADVICE, OR THE OFFICIAL OPINION OF OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, SERVICE PROVIDERS, PUBLISHERS, PARTNERS, AFFILIATES AND AGENTS. IF YOU INTEND TAKING ANY ACTION BASED ON THE INFORMATION, IDEAS AND OPINIONS EXPRESSED IN THIS WEBSITE, YOU ARE ENCOURAGED TO SEEK INDEPENDENT PROFESSIONAL ADVICE BEFORE DOING SO.
  3. OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, PUBLISHERS, SUPPLIERS, ISPS, PARTNERS, AFFILIATES AND AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY, HOWSOEVER ARISING, INCURRED BY USERS OR ANY OTHER PERSONS, INCLUDING BUT NOT LIMITED TO DIRECT, ECONOMIC, CONSEQUENTIAL LOSS OR LOSS OF PROFITS, RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE IN ANY MANNER.
  4. IN PARTICULAR, OWNER WILL NOT BE LIABLE FOR THE FOLLOWING:
    1. PROVIDING ACCESS TO, OR TRANSMITTING, ROUTING OR STORING ANY DATA MESSAGES VIA THIS WEBSITE, PROVIDED THAT OWNER DID NOT INITIATE THE TRANSMISSION, SELECT THE ADDRESSEE, OR MODIFY THE DATA CONTAINED IN THE RELEVANT DATA MESSAGE AND PERFORMED ITS FUNCTIONS IN AN AUTOMATIC AND TECHNICAL MANNER;
    2. THE AUTOMATIC, INTERMEDIATE AND TEMPORARY STORAGE OF ANY DATA TRANSMITTED VIA THIS WEBSITE, WHERE THE PURPOSE OF STORING SUCH DATA IS TO MAKE THE ONWARD TRANSMISSION OF THE DATA MORE EFFICIENT TO OTHERS UPON THEIR REQUEST, PROVIDED THAT OWNER DOES NOT MODIFY THE DATA, COMPLIES WITH CONDITIONS AND RULES ON ACCESSING AND UPDATING THE DATA, AND DOES NOT INTERFERE WITH THE LAWFUL USE OF TECHNOLOGY, WIDELY RECOGNISED AND USED IN THIS REGARD;
    3. THE STORAGE OF DATA PROVIDED BY USERS OR ANY OTHER PARTY WHERE OWNER DOES NOT HAVE ACTUAL KNOWLEDGE THAT THE DATA MESSAGE OR AN ACTIVITY RELATING TO THE DATA MESSAGE IS INFRINGING THE RIGHTS OF ANOTHER PARTY, OR IS NOT AWARE OF FACTS OR CIRCUMSTANCES FROM WHICH THE INFRINGING ACTIVITY OR THE INFRINGING NATURE OF THE DATA MESSAGE IS APPARENT, AND, UPON RECEIPT OF A VALID TAKE-DOWN NOTIFICATION, ACTS EXPEDITIOUSLY TO REMOVE OR TO DISABLE ACCESS TO SUCH DATA;
    4. REFERRING OR LINKING USERS TO ANOTHER WEBPAGE CONTAINING AN INFRINGING DATA MESSAGE OR INFRINGING ACTIVITY, WHERE OWNER DOES NOT HAVE ACTUAL KNOWLEDGE THAT THE DATA MESSAGE OR ACTIVITY RELATING TO THE DATA MESSAGE IS INFRINGING THE RIGHTS OF ANOTHER PARTY, OR IS NOT AWARE OF FACTS OR CIRCUMSTANCES FROM WHICH THE INFRINGING ACTIVITY OR THE INFRINGING NATURE OF THE DATA MESSAGE, AND IT DOES NOT RECEIVE ANY FINANCIAL BENEFIT DIRECTLY ATTRIBUTABLE TO THE INFRINGING ACTIVITY OR DATA MESSAGE, AND REMOVES THE REFERENCE OR LINK WITHIN A REASONABLE TIME AFTER BEING NOTIFIED OF THE INFRINGING ACTIVITY OR DATA MESSAGE.
  5. For the purposes of clause 20.3, Owner designates the following person as its agent to receive notifications of infringement:
    E. Robinson, 2 Punters Way, Kenilworth, Cape Town, South Africa,

Take down notifications

  1. Users who become aware of any infringing activity or content connected to or with this website are requested to submit written notification of such unlawful activity or content to Owner or to its designated agent as detailed in clause 21.
  2. Such written notifications must be signed by the user and include the following:
    1. the user’s full names, physical address, telephone number and email address;
    2. identification of the right that has allegedly been infringed;
    3. identification of the material or activity that is claimed to be the subject of the complaint;
    4. the remedial action required to be taken by Owner in respect of the complaint;
    5. a statement that the user is acting in good faith;
    6. a statement by the user that the information in the notification is to his or her knowledge true and correct;
  3. Should a user knowingly and materially misrepresent the facts in any notification, they will be liable for damages for wrongful take-down.
  4. Owner will not be liable for any damages for wrongful take-down.

Indemnity

  1. USERS AGREE TO INDEMNIFY OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, PUBLISHERS, SUPPLIERS, ISPS, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES AND RELATED COSTS MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USERS USE OF THIS WEBSITE, THIRD PARTY WEBSITES LINKED TO FROM THIS WEBSITE OR ANY OF THE CONTENT OFFERED THROUGH THIS OR ANY OTHER SITES LINKED TO.

Security and monitoring

  1. WHILE OWNER TAKES ALL REASONABLE SECURITY PRECAUTIONS TO PROTECT THE ACCESSIBILITY AND INTEGRITY OF THIS WEBSITE AND ALL CONTENT CONTAINED THEREIN, OWNER WILL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY THE MALICIOUS USE OF THIS WEBSITE OR BY THE INTRODUCTION OR DOWNLOADING OF ANY HARMFUL OR DESTRUCTIVE DATA OR CODE THAT IS PASSED ON TO THE USER THROUGH THEIR USE OF THIS WEBSITE.
  2. The following acts in connection with this website are expressly prohibited and will constitute a criminal offence under South African law:
    1. Gaining or attempting to gain unauthorised access to this website or any part thereof;
    2. Intercepting or attempting to intercept any data contained in or transmitted to or from this website without authority or permission to do so;
    3. Interfering or attempting to interfere with any data contained in or transmitted to or from this website without authority or permission to do so;
    4. Using or attempting to use any device, including a computer program or a component designed primarily to overcome any security measures for the protection of data, to overcome any security measures used by Owner in relation to this website;
    5. Interfering with the access of others to this website which constitutes a denial, or partial denial of service to such persons;
    6. Delivering or attempting to deliver any unauthorised or malicious code or content to this website; and/or
  3. There is no general obligation on Owner to monitor any data which is transmitted or stored via this website; or to actively seek facts or circumstances which may indicate any unlawful activity. However, in order to provide a relevant and secure service and where required to do so under law, Owner may monitor and/or intercept electronic communications which are sent and received by this website from time to time. The user hereby acknowledges that they are aware of such potential monitoring and/or interception and they expressly and voluntarily consent thereto.

Intellectual Property Rights

  1. Copyright in all content and material contained in this website, including, but not limited to text, photographs, pictures, graphic design, video, sound recordings, computer programs, and databases is owned by or licensed to Owner.
  2. The copyright in any advertisements and other third-party content and materials vests in or is licensed to the relevant third-parties and is subject to the same protection as set out in clause 30.
  3. The Send SMS to Website name and logo are trademarks owned by Owner and may not be used in any manner without its permission.
  4. You may not remove any copyright or other proprietary notices attached to the copyright protected material or to any trademarks used and/or associated with this website.

Privacy and Confidentiality of communications

  1. Owner may collect personal information about you from time to time to enable it to perform and provide the services through your use of this website.
  2. Owner will not use your personal information for any other purpose without your written consent. Owner will not disclose your personal information to any third parties who are not involved in the performance of the services unless you have given your written consent for it to do so.
  3. Owner respects the privacy of users’ personal information. Further information in this regard is contained in its Privacy Policy (insert hyperlink).
  4. In providing your telephone, postal and e-mail address or similar details, you agree that Owner may contact you by these methods to keep you informed about our products and services from time to time. Owner also regularly sends out newsletters to users informing you, among other things, about new features on Send SMS to Website or about relevant events in the upcoming months.
  5. If you wish to unsubscribe from any mailing list administered by Owner, send an email with the word “unsubscribe” in the subject header using the email address listed on the relevant database to .

Advertising and sponsorship

  1. This website may contain third party advertising from time to time. Advertisers are responsible for ensuring that material submitted for inclusion in this web site complies with all applicable laws and regulations.
  2. Owner will not be responsible or liability for any error or inaccuracy appearing in any advert which appears on this website.

Cookies

  1. In order to improve our services, Owner may use a "cookie" and/or other similar files or programs which may place certain information on your computer's hard drive when you visit the website. A cookie is a small amount of data that our web server sends to your web browser when you visit certain parts of our site.
  2. Owner may use cookies to:
    1. allow Send SMS to Website to recognise your computer or device when you return to this website so that we can understand your interest in the website and tailor its content and advertisements to match your interests (This type of cookie may be stored permanently on your computer or device but does not contain any information that can identify you personally);
    2. identify you after you have logged in by storing a temporary reference number in the cookie so that our web server can conduct a dialogue with you while simultaneously dealing with other customers. (Your browser keeps this type of cookie until you log off or close down your browser when these types of cookie are normally deleted. No other information is stored in this type of cookie);
    3. allow you to carry information across pages of our site and avoid having to re-enter that information;
    4. allow you access to stored information if you register for any of our services;
    5. enable us to produce statistical information (anonymous) which helps us to improve the structure and content of the website; and
    6. enable us to evaluate the effectiveness of our advertising and promotions.
  3. Cookies do not enable us to gather personal information about you unless you give the information to our server. Most internet browser software allows the blocking of all cookies or enables you to receive a warning before a cookie is stored. For further information, please refer to your Internet browser software instructions or help screen. Alternatively, information on deleting or controlling cookies is available at http://www.allaboutcookies.org.

Search technology

  1. Owner provides search functionality on this website. However, Owner does not warrant that such functionality will always be suitable, available and/or accurate, and it does not accept liability for any inconvenience, loss or harm that may be caused to any party as a result of the search functionality of the website not being suitable, available and/or accurate.
  2. No technology or applications may be used to perform automated searches of this website and its content, including the use of web crawlers or web spiders, without the express, prior written permission from Owner, unless used for the performance of its services by a legitimate search engine operator.
  3. The use of search technology in an unlawful manner, or for the collecting or harvesting of data for commercial gain, or which obstructs the efficient operation of this website is strictly prohibited.

Hyperlinks, deep links & framing

  1. Permission to link to this website is given without assumption of any liability on the part of Owner. Owner reserves the right to withdraw such permission at any time and for any reason.
  2. Hyperlinks, whether in the form of text, images or banner advertising, contained in this website and directed towards other websites are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the website linked to. This website does not control and/or edit the content of the other websites or pages linked to, and Owner disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to website. Use of the websites or pages linked to is exclusively at the risk of the user.
  3. Express, prior written permission from Owner, which may be subject to any further terms and conditions that it deems fit, is required before this website, any of its pages and/or any of the content contained therein is framed. Requests for permission can be submitted to .

Termination of this agreement

Owner reserves the right, in its sole and absolute discretion and without prior notification, to terminate access to and use of this website by any user for any action or inaction by a user which constitutes a breach of these terms and conditions of use, or as a result of events beyond the reasonable control of Owner, including technical failures, or for any other valid reason in law.

Applicable law and jurisdiction

  1. The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation, and any matter or litigation in connection therewith or arising from them will be the law of the Republic of South Africa.
  2. This website is owned, hosted and maintained within the Republic of South Africa.
  3. When using this site and agreeing to these terms and conditions, you agree that such use and agreement is deemed to have taken place in Cape Town, South Africa.

Dispute resolution

  1. In the event of any dispute or difference arising between the parties relating to or arising out of these terms and conditions, including the implementation, execution, interpretation, rectification, termination or cancellation of the agreement constituted thereby, the said dispute or difference shall be submitted to arbitration in Cape Town in accordance with the Rules of the Arbitration Foundation of Southern Africa (or any succeeding body) by an arbitrator or arbitrators appointed by the Foundation.
  2. Notwithstanding anything to the contrary contained herein, any party to the arbitration may seek interlocutory relief in any competent court having jurisdiction pending the institution of appropriate proceedings for the enforcement of any rights under this agreement.
  3. The parties undertake to keep the arbitration, including the subject matter of the arbitration and the evidence heard during the arbitration, confidential and not to disclose it to anyone except for the purposes of an order to be made in the arbitration.
  4. The decision of the arbitrator shall, in the absence of manifest error, be final and binding on the parties and may be made an order of any competent court in South Africa at the instance of any party.
  5. These provisions are separate and severable from the rest of this agreement and, accordingly, will remain in effect despite the termination or invalidity for any reason of these terms and conditions.

Amendment of these terms and conditions of use

  1. Owner reserves the right, at any time, to amend any of these terms and conditions of use without any specific notice being given to the user. An updated version of the terms and conditions will be posted on this website and it will be the sole responsibility of the user to check and read the latest version of these terms and conditions when accessing the website.
  2. If the user objects to any amendment of these terms and conditions, their sole remedy will be to terminate their access and use of this website.

General provisions

  1. Each of the terms and conditions of use are deemed to be separate and severable from each other and if any term or condition contained herein is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining terms and conditions will be and remain of full force and effect.
  2. These terms and conditions of use, together with the Privacy Policy, and any other policies published on this website, constitute the entire agreement between the parties regarding the access and use of this website. No other agreements, representations or warranties between the parties regarding the access and use of this website other than those set out herein are binding on the parties.
  3. No latitude, extension of time or other indulgence which may be given or allowed by any party to the other in respect of the performance of any obligation under these terms and conditions will be construed to be an implied consent or election by such party, or operate as a waiver or a novation of, or otherwise affect any of the party's rights in terms of or arising from these terms and conditions.

Date of Last Review: 19 March 2012

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