iWayAfrica Limited General Conditions of Use of Website
Your accessing the iWayAfrica Limited website or any pages on this website implies that you agree to be bound by these general terms and conditions for the use this website. If you do not agree to these terms you should immediately discontinue your use of this website.
1. Conditions of access
- 1.1You agree that:
- 1.1.1 Should you be issued with a user name and password you will use your user name and password for your own personal use;
- 1.1.2 you will not disclose your user name and password to any third party for any reason whatsoever and that you will maintain the confidentiality thereof; any failure to comply with this conditions and any associated losses, damages and / or costs shall be entirely at your own risk and for your account;
- 1.1.3 in the event that your password is compromised, you will immediately notify iWayAfrica Limited and change your password;
- 1.1.4 you, in your capacity as the holder of the user name and password, are solely responsible for all costs and payments in respect of a service ordered or obtained through and / or charged to your iWayAfrica Limited account, irrespective of whether the service has been utilized or is being utilized by you personally or not;
- 1.1.5 the entire amount outstanding on your iWayAfrica Limited account will be deemed to have arisen from (or relate to) your access to and/or use of a iWayAfrica Limited service;
- 1.1.6 you will not, at any time, permit and/or initiate any simultaneous network log-ins; and
- 1.1.7 you will not attempt to circumvent iWayAfrica Limited's user authentication processes or engage in attempts to access iWayAfrica Limited's related networks, products and / or services where not expressly authorised to do so.
- 1.2iWayAfrica Limited will use reasonable endeavors to ensure the safekeeping of any data or content which you may receive or upload to our servers from time to time, such as (without being limited to) data, photographs, websites, videos and e-mail messages (hereinafter collectively referred to as "your data"). However, it is your obligation to keep copies and backups of your data, as we will not be liable for any direct or indirect loss or damages of any kind whatsoever, which you may suffer as a result of the loss of your data, or any part thereof, for any reason whatsoever (including as a result of our negligence).
- 1.3iWayAfrica Limited will take whatever action iWayAfrica Limited may deem necessary and reasonable to preserve the security and reliability of its network.
- 1.4 You may not utilize any service in any manner which may compromise the security of iWayAfrica Limited's related networks, products and / or services or any other network connected to iWayAfrica Limited's related networks, or tamper with a product, service or such a network in any manner whatsoever.
- 1.5iWayAfrica Limited takes reasonable steps to secure your payment information. iWayAfrica Limited uses a payment system that is reasonably secure with reference to accepted technological standards and related network and internet security and confidentiality, in the applicable territory and at the time of the electronic transaction and the type of the transaction concerned.
- 1.7You hereby agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:
- 1.7.1 engage in any abuse of e-mail or spamming, including (without being limited to) the posting or cross-posting of unsolicited articles with the same or substantially the same message to recipients that did not request the receipt of such messages;
- 1.7.2 take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted over the iWayAfrica Limited related networks or through any or any number of iWayAfrica Limited related websites, products and / or services;
- 1.7.3 use any related website, product and / or service to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages violence or bodily harm or the like or which may violate any person's personality rights;
- 1.7.4 use any related website, product and / or service to make fraudulent offers to sell or buy network access, products, items or services or to offer or solicit for any type of: financial scam such as "pyramid schemes" and "chain letters"; illegal or fraudulent activity;
- 1.7.5 use any elated website, product and / or service in a manner that may infringe the intellectual property rights or other proprietary rights of others, including (without limitation) the transmission of pirated material or software;
- 1.7.6use any related website, product and / or service in any manner which could damage, impair, overburden or disable the related network, website, product and / or service or interfere with any other party's use or enjoyment of such related network, website, product and / or service;
- 1.7.7 use any related website, product and / or service to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
- 1.7.8repeatedly post gratuitous off the topic postings or comments;
- 1.7.9gather e-mail addresses and/or names or other information for commercial, political, charity or like purposes or use the related website(s), product(s) and / or service(s) to collect or attempt to collect personal information about third parties without their knowledge or consent;
- 1.7.10violate the privacy of any person or attempt to gain unauthorised access to the related network(s), websites, products and / or services or any other network, including (without being limited to) through hacking, password mining or any other means; or
- 1.7.11use the iWayAfrica Limited related networks, websites, products and / or services to engage in any illegal or unlawful activity.
- 1.8Should you engage in any one or more of the above activities, which shall be determined in iWayAfrica Limited's sole discretion and which decision shall be final, then iWayAfrica Limited shall be entitled, without prejudice to any other rights it may have, to:
- 1.8.1without notice, suspend your access to the service concerned;
- 1.8.2disclose information relating to the offending activity as may be required under the circumstances.
- 1.9You acknowledge that iWayAfrica Limited and/or a third party network operator (as the case may be) may under the circumstances as prescribed in the applicable communications or related legislation and / or regulations of your territory of use and / or residence, be required to intercept, read, delete, disclose and alternately use communications sent or posted via iWayAfrica Limited's related networks or the third party network operator's network and you hereby consent to the undertaking of such activities by iWayAfrica Limited and/or a third party network operator. iWayAfrica Limited and/or a third party Network Operator shall not be liable to you for any losses, liabilities, damages and claims and for any related costs and expenses suffered by you as a result of iWayAfrica Limited and/or a third party network operator performing any activity referred to in this clause.
2. Intellectual Property Rights
- 2.1You agree to comply with all laws applicable to any Intellectual Property Rights in respect of any data, files and/or information accessed, retrieved or stored by you through your use of any of iWayAfrica Limited's related networks, products and / or services.
- 2.1You are prohibited from using any of iWayAfrica Limited's trademarks, logos, brand names, domain names or other commercial marks or identifiers, without the prior written approval of iWayAfrica Limited.
- 2.3Other than as specifically provided in its related supplier agreements and the product or service specific terms and conditions, iWayAfrica Limited will retain all its existing intellectual property rights and become the exclusive and unencumbered owner of all new intellectual property right(s) developed or employed in or otherwise related to software used by iWayAfrica Limited, its related networks and businesses and the provision of any of the products and services in terms of the specific product terms and conditions.
- 3.1 You hereby unconditionally and irrevocably indemnify iWayAfrica Limited and its applicable associated business entity(ies) and agree to hold iWayAfrica Limited and its applicable associated business entities harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, however and whenever arising, suffered or incurred by iWayAfrica Limited and / or its applicable associated business entity(ies) or instituted against iWayAfrica Limited and / or its applicable associated business entity(ies) as a result of (without limitation):
- 3.1.1 your negligent use of the website or any iWayAfrica Limited related network, products and / or services thereon;
- 3.1.2 your failure to comply with these terms and conditions;
- 3.1.3 any unavailability of, or interruption in the related network access and / or website and any product(s) or any service(s) thereon.
- 4.1 iWayAfrica Limited has made every effort to ensure the proper performance of its website, the accuracy of any content and / or information and/or images on its website and the reliability of any binary data on its website, however, iWayAfrica Limited does not guarantee the availability of services, content and information offered on its website ("the services") nor the accuracy of the information, content and/or images on its or its related website(s);
- 4.2 iWayAfrica Limited and its related business entities make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of its website and/or the services and/or the information and/or content and/or images contained on its website, and the website(s), services, information and/or content is used solely at your own risk. In particular, we make no warranty that the products, services, content and/or information will meet your requirements, be uninterrupted, accurate, up to date, complete, timely, secure or error free.
- 4.3 iWayAfrica Limited's website and related websites may contain hyper-links to third party sites. iWayAfrica Limited is not in any manner or to any extent whatsoever 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 thereon or through such third party sites. You access such sites and use their products, information, content and services solely at your own risk.
- 5.1 You hereby consent to the jurisdiction of the Courts in Mauritius in respect of any proceedings that may be initiated by iWayAfrica Limited arising out of these terns, provided that iWayAfrica Limited shall be entitled, in its sole discretion, to institute such proceedings in a court of competent jurisdiction in any other territory or country and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.
- 5.2 iWayAfrica Limited reserves the right to amend these terms from time to time. Such amendment will be posted on this website and be deemed to have been accepted by you if you continue using the service. It is your obligation to review these terms at regular intervals.
- 5.3 These terms, as varied in terms of 5.2 above, constitutes the whole of the agreement between you and iWayAfrica Limited. No variation or addition of these terms will be binding on any of the parties unless recorded in writing and posted on theiWayAfrica Limited website.
- 5.5 No indulgence, leniency or extension of time which iWayAfrica Limited or its related business entities may grant or show to you shall in any way prejudice iWayAfrica Limited or its related business entities or preclude iWayAfrica Limited or its related business entities from exercising any of its/their rights in the future.
- 5.6 In these terms, "we", "us" or "our" shall refer to iWayAfrica Limited, Registration Number 078006 C1/GBL a limited liability company registered in accordance with the laws of Mauritius, its affiliates and related business entities / companies under its management.
- 5.7 The physical address where iWayAfrica Limited will receive legal service of documents/ domicilium citandi et executandi is the following:
- Suite 223-224
Grande Baie Business Park,