METROFIBRE NETWORX PTY LTD
TERMS AND CONDITIONS FOR ACCESSES THE METRO FIBRE NETWORX PTY LTD PORTAL
1.
Definitions and Scope
1.1
The “Portal” refers to the website that serves as a main entry point for End-Users, Customers and Resellers to get access to information on Metro Fibre Networx Pty Ltd’s (“MetroFibre”) interactive web portal, known “the Portal".
1.2
“The User” refers to an individual who, based on a contract with MetroFibre, has access to the Portal” for a specific period of time, such as day or month; hereafter known as “the User”.
1.3
The Portal is a specially designed website that brings information from diverse sources, like emails and information on MetroFibre products and services, together into an intranet management platform or dashboards.
1.4
MetroFibre may modify the Portal from time to time as it deems it necessary.
2.
Access
To access the site a User Account must be created and all User information must be kept accurate and complete. The user will be responsible for all activities that occur on under the user’s Username and password and the user agree to keep the password confidential. MetroFibre reserves the right to alter the user’s account, User name and password to ensure that the Portal remains secure. The User will not transfer the account to any other person and/or third party.
3.
Acceptance
By entering the Portal The User agree to be bound by these terms and conditions, as may be amended from time to time, without limitation or qualification. MetroFibre reserves the right to revoke or deny access to any User. The User represent that if The User represent a legal entity, by accessing the Portal The User have the authority to bind the legal entity.
4.
License Grant and Right of Access
4.1
Within the frame of its Services, MetroFibre grants to The User a non-exclusive, non-transferable right to use the Portal for as long as The User, with regard to other provisions of the terms and condition and / or applicable contract, is granted a right to use the Portal service by MetroFibre.
4.2
The User is entitled to use the Portal as it is provided through publication on the internet solely for the purposes as described under 1.3 above.
4.3
The User’s right to use the Portal will automatically cease in the event of a material breach by the User of any of its obligations under these Terms and Conditions or any applicable contract between The User and MetroFibre or any division or business unit of MetroFibre; or termination of the contract
4.4
The User may not assign, sub-license or otherwise transfer any rights or obligations in these Terms and Conditions to any other person or third party.
4.5
The User represent, warrant and agree that The User will comply with all applicable laws, including without limitation data privacy and intellectual property laws. The User will not post inaccurate or false information on the Portal.
5.
No warranty
5.1
MetroFibre will use best efforts to publish accurate information on the Portal and ensure that the services do not have errors or omissions. However, the information published on the Portal is provided "as is" and without warranties of any kind, either expressed or implied.
5.2
All information is accurate, to our best knowledge and belief at time of accessing the Portal. information available on the Portal is for the agreed purposes only and is not intended as a (legal) recommendation or (legal) advice as to any particular transaction. In no event will MetroFibre be liable for any direct or indirect, special or consequential damages to The User or anyone else for any decision made or taken in reliance on the information provided on the Portal.
6.
Obligations of the User
6.1
The User is fully responsible for all activities that occur in the Portal under the password(s) provided to it by MetroFibre. The User will ensure that such password(s) are kept confidential, treated in a secured manner and will immediately notify MetroFibre of any breach of security with respect to such password(s) or to the use of the Portal. The User is responsible for ensuring that all persons who access the Portal by internet connection and/or using the password(s) are aware of these terms and conditions of use and that they comply with them.
6.2
The User agrees to use the Portal only in a lawful manner and further agrees not to cause, or knowingly allow others to cause, any nuisance, annoyance, or inconvenience whether to MetroFibre or to any of its customers or Users of the Portal by any means, including without limitation by a denial of service attack, knowingly introducing viruses, Trojans, logic bombs or other malicious or harmful material.
6.3
The User agrees not to use the Portal to transmit or post any material which is fraudulent, hateful, sexually or racially or ethnically or otherwise objectionable, defamatory, offensive or obscene or menacing.
6.4
The User ensures to use up-to-date virus checking software to prevent the introduction of viruses and other harmful code onto the Portal.
7.
Obligations of Metrofibre
7.1
MetroFibre shall provide The User with a user identification number and a password to use the Portal.
7.2
MetroFibre shall take all reasonable steps to safeguard the security of any information input by The User or information used by The User in connection with the Portal.
7.3
MetroFibre shall use its reasonable endeavours to make the Portal available for The User. MetroFibre gives however no guarantee of such availability. In the event that the Portal would be unavailable MetroFibre will make all reasonable efforts to recover the Services on shortest notice possible.
7.4
Notwithstanding the provisions of 3.3 above MetroFibre may suspend the Portal at any time at MetroFibre’s sole discretion without liability to The User.
8.
Intellectual Property Rights
8.1
The User acknowledges having no right whatsoever with respect to any and all intellectual property rights used or embodied in or in connection with the Portal. MetroFibre reserves all rights related to the Portal. Nothing in these Terms and Conditions grants The User a right or license to use any trademark, design right or copyright owned or controlled MetroFibre or any other third party except as expressly provided in these terms.
9.
Liability
9.1
To the extent permitted by law, MetroFibre provides the Portal “as is” and “as available” and expressly disclaims all warranties, whether express or implied or statutory, including warranties of merchantability, fitness for purpose, title, quite enjoyment, accuracy and non-infringement.
9.2
MetroFibre shall in no event be liable to The User for any loss of use, lost profit or direct or indirect, special or consequential damages, including but not limited to damages resulting from loss of data arising out of the use or inability to use the Portal, the misuse of the password or of any other identification data. MetroFibre’s cumulative liability under this agreement shall at all times be limited to damages of R50 (fifty Rand).
9.3
The User acknowledges that the Portal is provided via the internet and that MetroFibre has no control over and/or the security of the internet. MetroFibre endeavours to ensure that the services are free from bugs and secure, but MetroFibre does not assume any liability for timely, trouble-free and uninterrupted access to the internet.
9.4
While MetroFibre has used its discretion, best judgment and all reasonable efforts in maintaining a virus-free website, it declines any liability for persons, property damage or for direct, indirect, immediate or subsequent pecuniary loss which may result from transmission or downloading of computer viruses. MetroFibre cannot be held liable for hardware damage, loss of data, alteration of data, or downtime.
9.5
The User agrees to indemnify and hold MetroFibre, its directors, shareholders, subsidiaries, officers and agents harmless from any loss, liability, claim, demand, cost or expense, including reasonable attorney’s fees, arising out of or in connection with or relating to your (i) user content, (ii) use of the Portal, (iii) breach of this agreement, (iv) breach or inaccuracy in any representation or warranty made under this agreement or (v) any violation of applicable laws or the rights of third parties.
10.
Data Protection / Confidentiality
10.1
The User and MetroFibre acknowledge that they are data operators or controllers (as these terms are defined in data laws) and shall use the Portal in compliance with the applicable contract provisions and / or in compliance the provisions of the Protection of Personal Information Act 2013, as amended from time to time, any internationally recognised convention on data privacy and including any regulations in respect thereof, in relation to privacy, secrecy, confidentiality, management, processing and operating of data.
10.2
The User undertakes to treat as confidential all information on the Portal, the processes used, and all related documentation, and to take all necessary actions to ensure that this confidentiality is ensured towards third parties. Moreover, The User shall oblige his employees or third parties who are required to have access to such information to the same confidentiality obligation and to observance of applicable data protection obligations. The User shall moreover ensure that such obligations shall continue to apply after termination of their working relationship.
10.3
Under no circumstances shall The User sell, rent or alter any information/data situated or located on the Portal or retrieved from the Portal to any other party. Under no circumstances shall The User contact any person other than its own clients.
10.4
The User shall implement appropriate measures that information/data retrieved from the Portal is protected against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access in particular where the processing involves transmission of data over a network, and against all other unlawful forms of processing.
10.5
As a result of accessing the Portal a “cookie” has been stored on your web browser that enables MetroFibre to provide restricted information to third parties.
11.
General
11.1
Definitions
Capitalized terms in these Portal Terms and Conditions shall have the meaning ascribed to them in the contract entered into between The User and MetroFibre or as set out in these Conditions: "Acceptance" means The User’s acceptance of the Portal Terms and Conditions by your click-through of the log-in screen
11.2
Severability Clause
If any article, section or provision of these Conditions is found to be invalid, the remainder of them shall continue in full force and effect. Any Conditions which are null or void are in this case to be understood such that their intended purpose is still fulfilled as far as possible.
11.3
Law and Jurisdiction
These terms shall be construed, enforced and performed in accordance with the laws of the Republic of South Africa, without reference to principles of conflicts of laws. The High Court of South Africa, Gauteng Division, shall have exclusive jurisdiction to any dispute with regard to the Terms and Conditions.
11.4
Cookies
The “User” understands that the Portal makes use of Cookies for various reasons. The cookies we use do not store any personal information nor can they harm your computer/device. Cookies help the Portal to be informative, safe and user friendly. Cookies are a small file that can store a certain amount of information that the Portal can send to your Browser. Cookies can then be stored on your computer/device’s hard-drive and accessed at a later stage in order to customize the web pages accordingly and to provide security accesses to the user’s profile on the internal systems within “MetroFibre”. It is of the utmost importance for you as the “User” to understand that Cookies do not collect any personal data or information stored on your computer/device’s hard-drive.
11.5
Communications
If The User have any queries or concerns relating to the Portal, MetroFibre products or services or these Terms and Conditions, please forward the query in writing to complaints@metrofibre.co.za or sales.support@metrofibre.co.za.