TERMS AND CONDITIONS OF USE OF THE HTTP://WWW.UBUNTUCONNECT.CO.ZA A MOJOCAP (PTY) LTD BRAND HEREIN REFEREED TO AS THE (“UBUNTU CONNECT”) WEBSITE. ACCESSING ANY PAGES ON THIS WEBSITE IMPLIES THAT YOU, (“THE USER”), AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USE OF THIS WEBSITE.
Disclaimer: Whilst every effort has been made by Ubuntu Connect, and its suppliers of information, to ensure the proper performance of this website, the accuracy of the information / images and the reliability of the binary data on this website, Ubuntu Connect, its affiliated companies, suppliers, or any of their employees, do not guarantee the availability of services, content and information offered on this website (“the Services”) or the accuracy of the information and / or images on this website.
We make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of this website and / or the Services and / or the information and / or images contained on this website, and the Services are thus used at your own risk. In particular we make no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, secure or error free.
We will not be responsible for any mistakes that may occur on the website or emails relating to advertisements, special deals and the like. The law applicable to advertising will also be applicable to this website and any offer on this website is an invitation to do business and not a binding offer.
All specials / deals offered / concluded via the website or email marketing are at the sole discretion of Ubuntu Connect. The period of each special is stated on the website or email marketing and Ubuntu Connect reserves the right to amend or modify the period or terms of the special held.
We will not entertain requests for exchanges, returns and / or refunds other than provided for under the relevant clause.
This site may contain hyper-links to third party sites. Ubuntu Connect is not responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by us 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.
Returns and Refunds: All Business Partner packages are protected by Mojocap’s seven day, no questions asked refund policy. On written request Mojocap will refund, within fifteen days, any once-off fee paid for any Business Partner package. Notwithstanding the above, Mojocap shall be entitled to deduct any costs incurred due to the actions of the Business Partner prior to the Business Partner requesting a refund.
Indemnification: You indemnify and holds us harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the Services offered on this website, or the use of the Services, information and/or images available on this website, whether due to our negligence or not.
Use of Services: You may only use the Services for lawful purposes and you warrant that you shall not:
- use the Services to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;
- use the Services for the transmission of “junkmail”, “spam”, “chain letters”, or unsolicited mass distribution of SMS;
- other than for your personal and non-commercial use, store on your computer, or print copies of extracts from this website, and you may not, other than for your personal and non-commercial use, “mirror” or cache information provided via this website on your own server, or copy, adapt, modify or re-use the text or graphics from this website without prior written permission from Ubuntu Connect.
- Ubuntu Connect reserves to the right to manage traffic on its network in such a way to ensure optimal performance of the network.
Electronic Communications: All electronic communications, including any attachments thereto that are transmitted to you by us, shall be on the following terms and conditions:
Before any purported agreement, that has been negotiated either wholly or partly by electronic means, shall be considered binding on Ubuntu Connect, the following terms and conditions shall apply:
- An advanced electronic signature, (as defined in the Electronic Communications and Transactions Act 25 of 2002), of a duly authorized member of the Board of Directors of Ubuntu Connect shall be required to be used and attached to any electronic communication containing any offer and/or acceptance by Ubuntu Connect, as the case may be.
- Where Ubuntu Connect is acting as the provider, the agreement shall be deemed to have been concluded at the time and place where the acceptance of the offer was actually received by the Director so acting on behalf of Ubuntu Connect, and upon such Director expressly and manually acknowledging receipt of such acceptance.
An electronic communications shall be considered to have been sent by a Director as aforesaid only if:
- the Director sent it personally; or
- it was sent by a person who had the required authority to act on behalf of the said Director.
Any opinion or advice contained in electronic communications shall be subject to the terms and conditions contained in any governing agreement.
Ubuntu Connect is not responsible for the proper and / or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
Whilst Ubuntu Connect does employ virus filtering, it provides no guarantees or warranties that the electronic communication is virus-free.
Intellectual Property Rights: You acknowledge that we own the intellectual property rights in and to this website, and all Services contained herein, and that the unauthorised use thereof is expressly prohibited. The word or mark “Ubuntu Connect”, and “Ubuntu”, however represented, including stylised representation, all associated logos and symbols and combinations of any of the aforegoing with another word or mark, used on this site, are the trademarks of Ubuntu Connect, or one of its affiliated companies.
Password: If you have a password you undertake to keep it secure and warrant that no other person shall use the Services utilising your password, and you acknowledge further that you are responsible for ensuring that no unauthorised access to the Services is obtained using your password, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.
Termination and Variation: We reserve the right to alter, restrict and / or terminate the Services to you in particular, or to the public in general, without notice or reason, or to revise these terms and conditions, and / or the prices at which the Services are offered, at any time. Such changes will be posted on this website and be deemed to have been accepted by you if you continue using the Services. The obligation therefore is on you to review these terms and conditions at regular intervals.
General: These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African Courts.
These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
These terms and conditions, as varied by us from time to time, the above constitute the sole agreement between yourself and ourselves.
These terms and conditions shall be for the benefit of Ubuntu Connect and may be waived by us at our discretion.