SITE TERMS AND CONDITIONS OF USE

ACCEPTANCE

PLEASE READ THE USER AGREEMENT OF THIS SITE www.paycity.co.za (“Site”), AS EXPRESSED BELOW, BEFORE CONTINUING TO MAKE USE OF THIS SITE.

BY CONTINUING TO USE THIS SITE, THE USER DOES HEREBY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT WHICH CONDITIONS THE USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD AND AGREES WILL BE BINDING ON THE USER.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

Copyright (© 2009) in this site vests in Syntell (Pty) Ltd, ('Syntell'), registration number 2003/022275/07, of 64/74 White Road, Retreat, Cape Town, South Africa. All rights not expressly granted are reserved. To obtain permission for the commercial use of any content on this Site please contact the Legal Advisor at (+27)(21) 204 6200 or e-mail legal@syntell.co.za

Syntell retains for itself all intellectual property rights (including the goodwill associated with those rights) related to the Site, whether owned by Syntell or used by Syntell under licence. As used here “intellectual property rights” means, with respect to any technology, content, data, hyperlinks, graphic and icons on this Site, all related patent rights, copyrights, inventions, designs, including software and hardware, layouts, trade mark rights and other intellectual property rights therein and thereto, including all moral rights. In particular Syntell does not dispose of the ownership of or its rights under licence to use any intellectual property on this Site.

SALE OF SERVICES

Syntell offers the User the option to purchase certain services, for certain Local Authorities, via this Site.

The services and designated areas where they can be sold will appear from the Site itself and may be expanded or reduced at the sole discretion of Syntell without prior notice to the User.

PURCHASE OF ELECTRICITY

The purchase of electricity via this Site is subject to any credit limitations or payment ceilings imposed by the User’s bank, and by the limits of the User’s electricity meter. There is currently a limit of R2500 imposed by the Cape Town City Council.

Due to the consumable nature of electricity, should the User purchase electricity in error or in excess of the User’s requirements, Syntell shall be under no obligation to refund the User or to reverse the transaction. Accordingly no cooling-off period as contemplated by section 44 of the Electronic Communications and Transactions Act 25 of 2002 shall apply.

The price payable for a unit of electricity shall be as set by the Local Authourity's Administration. Payment for the electricity purchased via this Site shall be effected by the User to Syntell by way of a credit card transaction using a valid credit card which is accepted by Syntell. Note that to protect it's own and the interests of Users, Syntell  scrutinizes all transactions very carefully to prevent attempted fraud. Accordingly a transaction may be refused if Syntell is not satisfied with it's legitimacy.

If the User does not wish to send personal details over the internet, the user may register with Syntell’s calldesk on 087 237 7011 instead. Our calldesk is available 24 hours of every day to assist you with your queries.

Although every effort is made to ensure that the User receives the purchased electricity immediately, Syntell in no way warrants that the service will be completely uninterrupted and error free and that accordingly there may be a delay in the delivery of the electricity to the User.

A transaction history per customer is available upon request.

USER ACCOUNTABILITY

The User is responsible for all use of the Site made by the User or anyone else using the User’s password and for preventing unauthorised use of the User’s password. If the User believes there has been any breach of security such as the disclosure, theft or unauthorised use of the User’s Password or any payment information, the User must notify Syntell immediately at the calldesk number above. Syntell recommends that the User does not select an obvious user password (such as the User’s name) and that the User change it regularly.

SECURITY

All User information is kept strictly confidential and is secured by a variety of security measures that are reasonable taking into account the nature of service offered on this Site. Personal information will not be shared with any third party without the express written consent of the User or in terms of a court order. All credit card transactions are Secure Socket Layers encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte.

Appropriate action shall be taken in terms of chapter 8 of the Electronic Communications and Transactions Act 25 of 2002, against any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site.

LINKS AND FRAMING

Links provided on this Site to non-Syntell sites are provided as is and Syntell does not expressly or by implication agree with or have any control over the content on such web sites. If the User follows any of these links the User does so at its own risk and Syntell cannot accept any responsibility for any loss or damage that the User may incur as a result.

The User may not use the Site for any unlawful purpose. You may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the content on the Site. Without limitation, you may not do any of the following without prior written permission from Syntell (and neither may you allow a third party to do any of the same):

·          redistribute any of the content; or

·          create a database in electronic or structured manual form by systematically downloading and storing all or any of the content; or

·          deep link to, frame, spider, harvest or scrape the content or otherwise access the content for similar purposes.

WEBSITE DISCLAIMER

SYNTELL SHALL DEVELOP AND OPERATE THE SITE WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE.            

Except as set out above, Syntell provides no warranties with regard to the Site. Syntell shall not be liable to the User by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Terms and Conditions, for any direct, indirect, special, or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Syntell, its employees or agents or otherwise) which arise out of or in connection with the Site or its Use (whether in contract, delict or otherwise).

E-MAIL POLICY

It is not the policy of Syntell to regularly monitor the content of electronic messages passing through its e-mail system. However, the content and/or structure of certain messages may be monitored for auditing, security, investigative and statistical activities. Users should structure their electronic communications in recognition of the fact that Syntell may from time to time examine the content of electronic messages.

Syntell IT staff may occasionally be required to review the contents of an employee’s mailbox to resolve a problem. IT staff may not view the content of an employee’s mailbox out of curiosity or at the request of an individual who does not have authorization or the right to do so. Users should likewise structure their electronic communications in recognition of the fact that Syntell may from time to time examine the content of employee mailboxes.

GOVERNING LAW

This Site is a South African based web site. These Terms and Conditions shall be governed and construed in terms of the law of the Republic of South Africaand the jurisdiction of the Cape High Courtshall govern any action arising from these Terms and Conditions and/or the Use of this Site.

AMENDMENTS

Syntell may, in its sole and absolute discretion, amend these terms and conditions, or any part thereof at any time without notice to Users.

DISPUTES

The User and Syntell (“the Parties”) irrevocably agrees that any dispute whatsoever arising from these Terms and Conditions shall be settled according to the following procedure:

·          the Parties shall firstly utilise their best efforts to attempt to settle the dispute amicably between them by negotiation. This entails that the one party invites the other in writing to a meeting to attempt to resolve the dispute within thirty (30) days from the date of written invitation;

·          should such negotiation fail to resolve the dispute, the Parties irrevocably agree that the dispute shall be referred to administered mediation upon the terms set by the Arbitration Foundation of South Africa (“AFSA”) Secretariat;

·          should the mediation fail to resolve the dispute, the Parties irrevocably agree that the dispute shall be finally settled by arbitration. The arbitration proceedings shall be conducted according to the AFSA arbitration rules before:

·          a single arbitrator appointed in terms of those rules in the event that the amount in dispute is less than one million rand; or

·          three arbitrators appointed in terms of those rules in the event that the amount in dispute is equal to or greater than one million rand.

The venue of the arbitration shall be Cape Town , South Africa.

The arbitrator:

·          shall have regard to the desire of the Parties to dispose of such dispute expeditiously, economically and confidentially;

·          shall be obliged to provide written reasons for his decision.

The Parties irrevocably agree that the decision in the arbitration proceedings:-

·          shall be final and binding on the Parties;

·          shall be carried into effect;

·          may be made an order of any court of competent jurisdiction.

The arbitrator shall make an award in respect of the costs of the arbitration having regard to the substantial success of each Party in the outcome of the proceedings.

The Parties agree that:

·          the nature of any dispute arising from this agreement; and

·          the resolution thereof in terms of this clause which shall include any testimony and/or evidence presented in terms of the provisions of this dispute resolution clause; and

·          any settlement agreement in terms of this clause as well as any arbitration award, shall be considered Confidential Information.

This clause shall not preclude either Party form obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the outcome of the negotiations, mediation or decision of the arbitrator as the case may be from time to time.

The provisions of this clause will continue to be binding on the Parties notwithstanding any termination or cancellation of this Agreement.

INTELLECTUAL PROPERTY

All content included on this web site, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of payCity or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this web site is the exclusive property of payCity and is protected by South Africa and international copyright laws.

Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Paycity or the copyright owner.

You may not “mirror” any content contained on the Site on any other server unless with the prior written permission of payCity.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site, provided that the link does not portray Paycity, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Paycity logo or any other proprietary graphic or trademark whatsoever as part of the link without the express written permission of Paycity, its affiliates and/or content suppliers.

All trademarks are and shall remain the exclusive property of Paycity.

The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as to personal liability for damages.

LIMITATION OF LIABILITY

You should note that various elements of the Paycity service are not provided by us but instead by other companies. We are therefore unable to guarantee that such products and services or any websites accessible via the Paycity service are virus- or error-free.

We, or merchants and content providers found via the Paycity service, may provide links to other websites or resources. We are unable to accept, and do not accept, responsibility for these websites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Paycity service.

While we make all reasonable efforts to ensure that all information provided by us in connection with the Paycity service is accurate at the time of its inclusion on the Site, you acknowledge and understand that there may be errors, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our web pages (including, but not limited to, links to third parties' web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.

Information provided by Paycity does not constitute legal or professional advice and should not be relied upon as such without taking independent advice.

While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Paycity service, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever for any damages that you may suffer as a result of the breach of confidentiality of such information.

OUR LIABILITY TO YOU

We shall not be liable to you in contract, delict (including for negligence) or otherwise:

for any amount in respect of any damage or loss arising from the consequences of viruses received by you via the Paycity service or of our failure to provide the Paycity service in accordance with this Agreement in excess of the amount that has been received by Paycity from you as payment for the service provided by Paycity, as at the date of claim; or

for any economic losses, any indirect, special or consequential loss, loss of data, goodwill or reputation or any wasted expenditure including but not limited to losses caused by viruses.

for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; fire; flood or storm).        

Each provision of this clause 6 operates separately. If any part is held by a court to be invalid, unreasonable or inapplicable then the other parts shall be severable and shall still apply in their entirety. 

CHANGES, SUSPENSION, AND TERMINATION

We may alter and/or amend the Paycity service at any time without giving notice to you. We may suspend or terminate the Paycity service at any time without giving notice to you. Paycity may terminate your account at any time for any reason, including any improper use of this site or your failure to comply with this Agreement. Such termination shall not affect any right to relief to which Paycity may be entitled.

Upon termination of this Agreement, all rights granted to you will terminate and revert to Paycity.

Paycity may at any time modify the Terms and Conditions making up this Agreement and your continued use of this site will be conditioned upon the Terms and Conditions as amended and in force at the time of your use.

We accordingly advise you to read and take note of these Terms and Conditions each and every time you visit the site, as these may have been modified since your last visit.

PAYCITY PRIVACY AND COOKIE POLICY

This clause ?8 provides details about our Privacy and Cookie Policy, which Policy forms part of this Agreement.

Paycity takes your privacy seriously. We use the personal information that we collect from you in accordance with this Privacy and Cookie Policy.

What we mean by personal information

When we refer to personal information in this Policy, we mean information that can identify you as an individual or is capable so identifying you. By personal information we don't mean general, statistical, aggregated or anonymised information.

Consent

Your use of our services signifies your consent to us collecting and using personal information about you as specified below, in accordance with this Policy.

How we collect information about you

You may provide personal information to us when communicating with us.

You may order a product or a service and provide your name, e-mail address, delivery address, credit or debit card number and expiry date so that the order can be processed and your products (or services where appropriate) delivered to you. Sometimes, you may be asked for your telephone number.

When you call us, we may monitor or record your calls and store details of the phone number(s) you use to make the calls. This information is used to better address your customer service needs.

If you enter a competition or participate in a promotion, we will ask for your name, address and e-mail address and any other relevant information about you.

We will collect information concerning your tastes and preferences both when you tell us what these are and through our analysis of customer traffic, including through the use of cookies (as described below).

It may be that you provide to us details of credit or debit cards or bank accounts in order to make payments to us. Any such information ("confidential financial information") will be used by us only for the specific purpose for which it was provided to us.

How we use your information

We may use your information to confirm that your orders have been received; to validate you as a customer when using our services and calling our Customer; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups.

We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting, credit-scoring and improving business efficiencies.

We may use personal information collected about you to contact you by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our website, services or changes to our terms and conditions of use and to communicate with you about your customer benefits and advise you regarding the use of our services.

We may use the information collected about you to contact you by post or phone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.

Other information we may collect

We may collect network or traffic data related to your use and access to our services. Such data would include, but not be limited to, time spent using our services. We may also use some of this information for research, segmentation of our customer base, marketing our services and to understand and keep you informed about what is the best Internet access package for you according to your use of our services.

We also collect information from visitors to our websites and registered customers to help us improve the websites and services that we make available. The type of information collected includes how many visitors visit our websites, when they visited, for how long and which areas of our services. This information allows us to continuously improve our services and develop them according to the taste of our customers and visitors. The information we collect from visitors to our websites who are not registered users is anonymous and does not include personal information that allows us to identify you as an individual. However, if you are a Paycity customer, the information collected from our websites is not anonymous and Paycity may use this information along with your preferences to tailor content, services and offers for you.

How long do we keep your information for?

The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.

Disclosing your information to third parties

Paycity reserves the right to access and disclose individual-identifying information to comply with applicable laws, regulations and lawful government requests, to operate its systems properly or to protect itself or its users or to solve any customer disputes.

We may provide aggregate statistics about our sales, customers, traffic patterns and other site information to third parties, but these statistics will not include any information that could personally identify you.

We will not disclose personal information collected about you without your express consent thereto or through due legal process.

Cookies

A cookie is a piece of information that is stored on your computer's hard drive by your web browser. On revisiting our website, our computer server will recognise the cookie, giving us information about your visit.

When and where do we use cookies?

During the registration process

We allocate cookies during the registration process for our services. These cookies will hold information collected during your registration and will allow us to recognise you as a customer and provide you with the services you require. If your browser is set to reject cookies, you will not be able to register for Paycity services. We may also use this data to better understand your interests while online and to personalise your visits to our websites.

On different sections of our portal

We use cookies to collect information concerning visitors to our website. Our servers use two different types of cookies. The first type is known as a 'session-based' cookie and is allocated to your computer only for the duration of your visit to our website. It helps you to move around the website faster and, if you're a registered customer, it allows us to give you information relevant to your selected Paycity service. This cookie automatically expires when you close down your browser.


The second type of cookie is known as a 'persistent' cookie. A persistent cookie will remain on your computer for the period of time that has been set for each cookie.Persistent cookies are used for the purposes of advertisements on our site and to track whether these advertisements are clicked on by users; to control how often you are shown a particular advertisement; to tailor content to your preferences; to count the number of anonymous users of the site and to provide security within shopping baskets or transactions.  The types of cookies used and the manner in which the information generated by them is used will be governed by those advertisers' privacy policies. We have no control over these.

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