XTRALINK terms and conditions

XTRALINK WEBSITE AND ONLINE COMMUNICATIONS STANDARD TERMS AND CONDITIONS

XTRALINK owns the domain xtralinksa.co.za (“the Website”). The term, the Website, in addition to the website domain xtralinksa.co.za, also refers to any online communications platform and/or media, such as social media and email, SMS and WhatsApp messaging.

ACCEPTANCE OF TERMS OF USE

Your use of the Website is subject to the following Terms and Conditions ("T&C’s"). By using and/or accessing the Website, you expressly accept all T&C’s contained herein, you agree to be governed by the provisions of these T&C’s and agree to be bound by and fully comply with them. In addition, you are responsible for ensuring that all persons who access the Website through your internet connection are aware of these T&C’s, and that they comply with them.

XTRALINK reserves the right to update the T&C’s at any time without notice to you. We encourage you to review the T&C’s on a regular basis to ensure that you understand them. The most current version of the T&C’s can be reviewed by clicking on the "Terms and Conditions" hypertext link located at the bottom right of the web pages on our Website.

For more information or to contact us with regards to the T&C’s of the Website, you can e-mail us on info@xtralinksa.co.za.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Policy for disclosures relating to the collection and use of your information, and the use of cookies.

INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARKS

XTRALINK owns all rights to the intellectual property, trademarks, logos, brands, domain names, data, material, information, documents, animations, videos and/or graphics contained on the Website.

Your access to and use of the Website and the material contained in it, does not in any way convey or transfer any right in or to the intellectual property rights of XTRALINK’s data, material, documents, animations, videos, graphics, trademarks, copyright, designs, patents, domain names, know-how, confidential information, trade secrets or any other intellectual property rights.

Unless otherwise specified, the content on the Website may be used for your personal and non-commercial use only. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from the Website.

You may use the material, information, documents, animations, videos and/or graphics published on the Website for your personal and non-commercial use provided that:

• The copyright notice, © XTRALINK , appears in all copies.
• Use of the material, information, documents, animations, videos and/or graphics is for informational and non-commercial or personal use only.
• No material, information, documents, animations, videos and/or graphics shall be copied or posted on any computer, device and/or network or broadcast in any media.
• No modifications of any material, information, documents, animations, videos and/or graphics are made.

For the avoidance of doubt, users of the Website are expressly restricted from all of the following:

• Publishing any Website material, information, documents, animations, videos and/or graphics in any media.
• Selling, sublicensing and/or otherwise commercialising any Website material, information, documents, animations, videos and/or graphics.
• Publicly performing and/or showing any material, information, documents, animations, videos and/or graphics.
• Using any Website material, information, documents, animations, videos and/or graphics in any way that is, or may be, damaging to the Website.
• Using the Website in any way that impacts user access to the Website.
• Using the Website contrary to applicable laws and/or regulations, or in a way that causes, or may cause, harm to the Website, or to any person, business or other entity.
• Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Website, or while using the Website.
• Using the Website to engage in any advertising or marketing.

The material, information, documents, animations, videos and/or graphics published on the Website could include technical inaccuracies or typographical or other errors. XTRALINK periodically makes changes to the material, information, documents, animations, videos and/or graphics contained on the Website.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these T&C’s, and you undertake to conform to generally accepted internet etiquette.

You undertake and warrant that any and all material, information, documentation and data that you transmit to XTRALINK will be accurate, truthful and current, and that you are solely responsible for the content of such material, information, documentation and data.

XTRALINK reserves the right to take any action in relation to any material, information, documentation and data, which XTRALINK may in its sole and unfettered discretion deem necessarily appropriate, if it believes that the failure to take such action may create any liability, whether perceived or otherwise for XTRALINK and/or its business partners, vendors, suppliers, clients, charities, customers and/or advertisers who cause XTRALINK to lose or suffer any harm or damages in any proprietary interest or goodwill, or which may adversely affect the provision or access to the Website, or the services of any of its service providers.

In particular:

• You shall not use the Website in any manner that could damage, disable, overburden, or impair any XTRALINK server, or the network(s) connected to any XTRALINK server, or interfere with any other party's use and/or enjoyment of the Website.
• You shall not attempt to gain unauthorised access to any part of the Website, other accounts, computer systems or networks connected to any XTRALINK server or to the Website, through hacking, password mining or any other means. This includes the transmission of any electronic files and/or messages that contain “viruses”, “time bombs”, “Trojan Horses”, “worms”, “cancelbots” or any other computer programming routines or software that is intended to damage, detrimentally interfere with, intercept or expropriate any system, data or computer network.
• You shall not obtain or attempt to obtain any data, materials, information, documents animations, videos and/or graphics through any means not intentionally made available through the Website.
• You shall not submit or provide any material, information, documentation animations, videos and/or graphics to XTRALINK that is unlawfully threatening, libellous, defamatory, unlawfully harassing, obscene, offensive, discriminatory or in bad taste.
• You shall not violate any statute, law, regulation, ordinance or public policy in force in South Africa. You undertake to familiarise yourself, understand and keep yourself updated with any such statute, law, regulation, ordinance or public policy.

MEMBER ACCOUNT, PASSWORD AND SECURITY

If you are required to open an account on the Website and/or register as a member and/or user, you must complete the registration process by providing XTRALINK with current, complete and accurate information as prompted by the applicable registration form.

As part of the registration process, you will be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and you undertake to take whatever steps may be necessary to ensure the safekeeping and confidentiality of such username and password. You further undertake not to share and/or disclose your username and/or password to any 3rd party without XTRALINK’s prior written consent.

XTRALINK will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by XTRALINK or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the express permission of the account holder.

ONLINE COMMUNICATIONS

Where you are permitted to participate in online communications, such as requesting information, receiving notifications or alerts, sending and receiving email, WhatsApp messages, SMS messages and/or messages via any other digital or other medium, participating in digital conferences (such as telephonic conference calls or video calls), downloading and uploading electronic files and other uses permitted by XTRALINK , such access and participation is subject to the following:

• All such online communications are subject to review, modification and deletion without notice by XTRALINK .
• Electronic files uploaded and/or downloaded to the Website may be subject to limitations on size and usage, reproduction, and dissemination and you are responsible for adhering to such limitations.
• You are specifically prohibited from engaging in the following activities:
• Posting and/or transmitting any message which is, or is likely to be interpreted as threatening, libellous, defamatory, unlawfully harassing, obscene, offensive, discriminatory or in bad taste, in the opinion of XTRALINK .
• Intercepting or attempting to intercept any email, WhatsApp, SMS, and/or messages via any other digital or other medium, that are not intended for you.
• Posting, transmitting and/or distributing any message, material, data, image, animation, graphics, video and/or program which is indecent, obscene, discriminatory or pornographic.
• Posting the same message more than once (“spamming”).
• Using the Website as a mass unsolicited distribution medium to communicate a generally unsolicited message.
• Sending unsolicited email, WhatsApp, SMS, and/or messages via any other digital or other medium through 3rd party services in order to hide the origin of the message from others.
• Your participation in online communication happens in real time. As such, it is not edited, censored or controlled by XTRALINK . XTRALINK cannot, and does not, screen content by you or others during online communication.
• Notwithstanding this, XTRALINK reserves the right to monitor and record content in online communications, but is not obliged to do so.
• XTRALINK encourages you to inform it of any content or activities that are in violation of these T&C’s.
• XTRALINK reserves the right to remove content which it, in its sole and unfettered discretion determines to be threatening, libellous, defamatory, unlawfully harassing, obscene, offensive, discriminatory, in bad taste, or otherwise in violation of these T&C’s.

LINKS TO THIRD PARTY SITES

There are links in the Website that allow you to leave the XTRALINK site. Unless expressly stated, the linked sites are not under the control of XTRALINK and XTRALINK is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. XTRALINK provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by XTRALINK of the site.

NO WARRANTIES AND LIABILITY

XTRALINK makes no representations as to the suitability of the data, material, information, documents, animations, videos and/or graphics published on the Website. All data, material, information, documents, animations, videos and/or graphics are provided "as is" and without warranty of any kind, whether express or implied. Additionally, nothing contained on the Website shall be construed as providing consult or advice to you.

Under no circumstances shall XTRALINK, nor any of its directors, officers and/or employees, be liable to you for any direct, indirect, special or consequential damages, or damages of whatsoever nature, arising out of or in connection with your use of the Website and/or any data, material, information, documents, animations, videos and/or graphics contained therein.