advertising and new media
(further referred to as “fishNET•ad”)
This document contains the terms and conditions for the use of “fishNET•ad”’s website and online services. By accessing any page on the “fishNET•ad” website or making use of any online services you agree to the following terms and conditions. In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these terms and conditions are binding and enforceable against all persons that access the “fishNET•ad” web site or any part thereof or make use of any online services offered by “fishNET•ad”. If you do not agree with these terms and conditions you must leave the “fishNET•ad” web site and discontinue your use of the online services without delay, as further use will mean that you have accepted these terms and conditions and agree to these terms and conditions. Important terms which may limit “fishNET•ad” responsibility or involve some risk for you may be in bold. You must pay special attention to these terms and conditions.
1. DEFINITIONS AND INTERPRETATION
- “The “fishNET•ad” website” means the “fishNET•ad” website owned and operated by “fishNET•ad” and located at http://www.fishnet.co.za, including any page, part or element thereof;
- ““fishNET•ad”” means fishNET advertising.
- “online services” means the “fishNET•ad” website and any other service offered by “fishNET•ad” through electronic means, including but not limited to electronic billing platforms, online portals, and interactive association websites, and shall include the content and information provided or exchanged as part of such services;
- “User / you or your” means any person who enters or uses the “fishNET•ad” web site or online services, notwithstanding the fact that such a person only visits the home page of the “fishNET•ad” web site or online service portals;
- References herein to the singular include the plural and vice versa; and
- Hyperlinks have been used in these terms and conditions. The fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these terms and conditions.
- Whilst every reasonable effort has been made by “fishNET•ad”, and its suppliers of content and information, to ensure the proper performance of the online services, the accuracy of the content, information and images and the reliability of the binary data on the online services, “fishNET•ad”, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the services, content, information and/or images offered on the online services.
- “fishNET•ad” makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the online services and the online services are used at your own risk.
- “fishNET•ad” does not warrant that the online services will meet your requirements, be uninterrupted, complete, timely, secure or error free.
3. INDEMNITIES AND LIMITATION OF LIABILITY
- “fishNET•ad” shall not be liable to you or any third party, in any manner whatsoever, and you indemnify “fishNET•ad” accordingly, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from a breach of these terms and conditions by you or arising out of or in connection with the failure or delay in the performance of the online services or your use of the online services, other than in respect of losses caused by “fishNET•ad” gross negligence or intentional misconduct.
- “fishNET•ad” shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to the “fishNET•ad” network, termination of any licence to operate or use the “fishNET•ad” network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond “fishNET•ad”’s reasonable control.
4. PERMITTED USE AND LICENSE
- You are only permitted and may only use, access, browse, view, amend, download and print the content and details of the online services for lawful and legal purposes.
- You warrant that you shall not:
- use the online services for commercial and non-private purposes; and
- use the online services to receive or transmit material which is in violation of any law or regulation, which is hate-speech, offensive, obscene, threatening, racist, defamatory, in breach of confidence, or in breach of any intellectual property rights;
- the purpose of the caching is to make the onward transmission of the content from the online services more efficient;
- the cached content is not modified in any manner whatsoever;
- the cached content is updated at least every 12 (twelve) hours; and
- the cached content is removed or updated when so required by “fishNET•ad”.
- “fishNET•ad” reserves the right to claim damages from you;
- “fishNET•ad” reserves the right to institute criminal proceedings against you; and
- “fishNET•ad” shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by you or any third party who obtained any content from you.
5. PASSWORD/PIN FOR ACCESS TO ONLINE SERVICES
- You agree that you will be responsible for the safekeeping of your password/PIN for access to all online services and you accept all liability in the event that the password/PIN is disclosed to a third party, whether intentional or unintentional. You agree that the disclosure of your password/PIN is done at your own risk.
- Furthermore, you acknowledge that you are responsible for ensuring that no unauthorised access to the online services is obtained using your password/PIN, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.
- You agree that if you disclose your password/PIN to a third party, the third party may have access to your personal, account and billing information and agree that “fishNET•ad” shall not be liable in this regard.
6. INTELLECTUAL PROPERTY RIGHTS
- All intellectual property on the “fishNET•ad” web site and online services, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to “fishNET•ad” and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these terms and conditions, all of the rights to intellectual property on the “fishNET•ad” website and online services are expressly reserved.
7. SOFTWARE AND EQUIPMENT
- It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the online services and/or download content from the “fishNET•ad” web site and the online services.
8. PRIVACY STATEMENT
- “fishNET•ad” shall take all reasonable steps to protect the personal information of Users and is committed to respecting the privacy of your personal information. For the purpose of these terms and conditions, “personal information” shall be defined as detailed in the Protection of Personal Information Act, 2013.
- As and when necessary, “fishNET•ad” may electronically collect, store, disclose and/or use the following of your personal information:
- name and surname;
- contact numbers;
- non-personal browsing habits and click patterns;
- e-mail address;
- IP address;
- geographical location;
- account details; and/or
- username and password (required for access to personal information pages).
- communicate requested information to you;
- respond to queries, responses or complaints submitted by you;
- process orders or applications for “fishNET•ad” products and/or services;
- create products or services that may meet your future requirements;
- provide you with access to restricted pages on the “fishNET•ad” web site; and
- compile non-personal statistical information about browsing habits, click-patterns and access to the online services.
- in order to comply with legal and regulatory requirements and applicable laws;
- to either credit grantors and/or credit bureaux and/or banks and/or other financial institutions in order to ascertain information relating to your creditworthiness and for fraud prevention purposes and in order to process any payment transactions where necessary;
- to attorneys and/or debt collection agencies if you breach any agreements with “fishNET•ad”;
- to “fishNET•ad”’s agents and/or consultants and/or trade partners, but only to the extent necessary and in order to provide “fishNET•ad” products, services and the online services to you;
- to consumer research companies for the purposes of conducting research on improving “fishNET•ad” products, services and the online services;
- for the purposes of us publishing a directory containing the name, address, details and the applicable cellphone number of “fishNET•ad” subscribers; and
- for the purposes of “fishNET•ad” informing or sending information to you about any new services or products offered by “fishNET•ad” and/or by any of “fishNET•ad”’s agents and/or consultants and/or trade partners which we consider may be of interest to you. “fishNET•ad” will comply with the direct marketing provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing registry.
9. HYPERLINKS TO THIRD PARTY SITES
- In the event that the online services contain hyperlinks to third party sites not controlled by “fishNET•ad” (“target sites”), “fishNET•ad” is not responsible for the content of, or the services offered by those sites. The hyperlink(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by “fishNET•ad” of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk “fishNET•ad” recommends that you check the policy of the target sites if you have any concerns or questions.
- “fishNET•ad” shall not be liable, in any manner whatsoever, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from the use and access to target sites and the content on such target sites. Persons that wish to link to content beyond the home page of the “fishNET•ad” website and/or online services without “fishNET•ad”’s prior written consent shall do so at their own risk and indemnify “fishNET•ad” against any loss, liability or damage that may result from the use of content from the “fishNET•ad” website and online services, if such content was accessed through a hyperlink not directed at the home page of the “fishNET•ad” website and/or online services. “fishNET•ad”’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
- “fishNET•ad” shall take all reasonable steps to secure the content of the online services and the information provided by and collected from Users from unauthorised access and/or disclosure, however, “fishNET•ad” makes no warranties or representations in this regard.
- While “fishNET•ad” has implemented appropriate and reasonable security technologies and practices, please be aware that internet communications are insecure unless they have been encrypted and/or appropriate security safeguards implemented. Accordingly, “fishNET•ad” assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond “fishNET•ad”’s control.
11. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA
- Access to the services, content, software and downloads available from the online services may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, “fishNET•ad” provides the following information:
- The full name and legal status of the online services owner: “fishNET•ad”;
- Street address: PO BOX 364, Winklespruit, 4145, KwaZulu-Natal;
- Postal address: PO BOX 364, Winklespruit, 4145, KwaZulu-Natal;
- Address for receipt of legal service: PO BOX 364, Winklespruit, 4145, KwaZulu-Natal;
- Main business: “fishNET•ad”;
- The web site address of the “fishNET•ad” web site is: http://www.fishnet.co.za;
- The official e-mail address of the “fishNET•ad” web site is: email@example.com;
- Access to and use of the “fishNET•ad” web site is provided free of charge;
- Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding access to online services; the inability to access the online services; the services and content available from the online services; or these terms and conditions, shall be referred to “fishNET•ad” ;
- You may return goods or services as detailed in ECTA, the Consumer Protection Act and “fishNET•ad”’s policies; and
- Users may lodge complaints concerning the online services with “fishNET•ad” at firstname.lastname@example.org.
12. CHANGES AND AMENDMENTS
- To the extent permitted by law, “fishNET•ad” reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
- change these terms and conditions;
- change the content and/or services available from the online services;
- alter and/or discontinue any aspect of the online services; and/or
- change the software and hardware required to access and use the online services.
- When you pay you will be redirected to PayFast who take the payment on our behalf, we do not see you card details, its all done by PAYFAST
- Below is an exert from their website:
- PayFast is committed to keeping you and your information secure. We have a multitude of checks in place to protect both buyers and sellers from fraudulent transactions. We use Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this, the highest, level of encryption currently available. 3D Secure is in place for all credit card transactions over R1000. All sensitive info is encrypted within our own database. We run penetration testing on our system on a weekly basis to look for vulnerabilities. We are only required to do it once every three months, but we run it every week. Our entire site, blog and help site are served off secure servers, making it harder to perpetrate phishing attacks. We also have an excellent monitoring system that does, among other things: GEO IP tracking, velocity testing, BIN/IIN validation and checks against online databases. For more info please go to www.payfast.co.za