Terms and conditions

We greatly appreciate your support and are committed to a longstanding relationship with you, our valued Customer.

Definitions
Your rights and obligations
Our rights and obligations
Liability and Indemnity
Disclaimer
Legal Service of Documents and Notices
Electronic Communications as set out in Chapter III of the ECT Act
Termination of Vault
General
 

Definitions

Business Days: all weekdays, Monday to Friday inclusive, but excluding Saturdays, Sundays and all Public Holidays.

Client or customer: a person who has registered with WebVault.

FaxVault: a product of WebVault.

I / we: staff, management, directors of WebVault and the entity WebVault itself

Intellectual Property: all intellectual property, including without limitation, patents, copyrights, designs, trade marks, brands, names, logos, software, databases, text, graphics, icons, hyperlinks, private information, and know-how, whether registered or not, and their embodiment in any form whatsoever relating directly or indirectly to WebVault.

PIN: a Personal Identification Number, selected by yourself when registering for WebVault and self managed by yourself thereafter.

Rands: the South African Rand, the official currency of the Republic of South Africa.

SMSVault: a product of WebVault.

Vault Number: a unique Vault Number, either selected by you or given to you by WebVault when you register for your Vault.

VoiceVault: a product of WebVault.

WebVault: Limelight Software Solutions (Pty) Ltd, a private company with limited liability, duly incorporated in terms of the company laws of the Republic of South Africa.

WebVault Affiliate: any division, subsidiary, principal or affiliate of Limelight Software Solutions (Pty) Ltd.

WebVault website: the website which may be accessed at the universal resource locator http://www.webvault.co.za

You: the entity that registers for WebVault, being either an individual or company, determined as defined in the details provided at registration time.

Your rights and obligations

In order to ensure that you are able to utilise WebVault in a secure environment, we require you to take the following steps:

In order to ensure that you are able to utilise WebVault in a secure environment, we require you to take the following steps:

  • You will deal with and manage your Vault Number and PIN code as follows:
    • only you may access your Vault via the WebVault website;
    • you must not disclose your PIN code to anybody or allow it to be disclosed through your negligence;
    • you are responsible for all actions carried out using your PIN code;
    • you will use the WebVault Help Service if you have forgotten your details. Any delay in notification will be construed as negligence.
  • You must notify us if any of the personal information, which is reflected as an option in your Vault and that you provided WebVault with, has changed.
  • You may not duplicate, exploit or sell for any purposes commercial or otherwise, the services offered by WebVault or its website.
  • You accept that even though WebVault is involved in the storage and transacting of documents, voice recordings and SMS messages, this is only in a transferral of information capacity. Therefore, should there be a dispute between parties, arising from fraudulent loading and / or retrieval and / or useage of documents, voice recordings or SMS messages, you release WebVault and their affiliates, officers, directors, agents, subsidiaries and employees from any and all claims, demands and damages, actual and / or consequential, of every nature both known or unknown, suspected or unsuspected, disclosed or undisclosed, occurring from or in any way connected with said dispute.
  • You agree to indemnify and hold WebVault, their subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of information submitted, posted to or transmitted through the WebVault service, your use of the service, your connection to the service, your violation of the Terms and Conditions or your violation of any rights of another person.
  • You have read and understood the pricing and subscription fees and charges.
  • You accept that WebVault may change or adjust their fees from time to time, subject to WebVault giving at least 14 days prior notice.
  • You must comply with any other terms of use, terms and conditions, our Disclaimer and Privacy Policy, which are all provided on the WebVault website. The WebVault website will be the definitive source of the most up to date information.
Our rights and obligations

In addition to your obligations and to ensure a secure environment for you, we will do the following:
  • We will not use any information relating to your personal particulars provided by you, except for the purpose of WebVault.
  • We may record all conversations with you, which will form part of our records.
  • We will do our utmost to ensure that WebVault is available to you during the hours specified by us from time to time.
  • Our articles of association ensure that should we cease trading, for any reason whatsoever then you shall be entitled to receive a copy of the entire contents of your Vault on electronic media (CD ROM).
Liability and Indemnity

We are committed to ensure the security of transacting online, and are entitled to investigate any loss suffered by you, which is alleged to have occurred as a result of fraud via the WebVault website. In the event that you disclose or allow your PIN code be disclosed to a third party, we will not be held liable for any loss or damages suffered by you in any way whatsoever.

We will incur no liability to you should you for any reason (this includes without limitation, the unavailability of the WebVault website or loss of connectivity between you and us or technical reasons of any nature or circumstances beyond our control) be unable to use WebVault.

We are not liable for acts or omissions of third parties, including without limitation, an Internet Service Provider or Telkom.

Disclaimer

Any complaints or queries may be directed to the WebVault Help Service as described on the "Contact Us" facility on the WebVault website.

In the event that a complaint cannot be resolved within 10 (ten) Business Days after having referred to the complaint to the WebVault Help Service, the dispute will be referred to arbitration in terms of the Rules of the Arbitration Foundation of South Africa ("AFSA").

The arbitrator will be appointed by AFSA and the unsuccessful party will pay the costs of the arbitration.

Both you and WebVault agree to keep the dispute and the fact that a dispute has arisen, the record of the proceedings and the record of the arbitrator confidential.

Notwithstanding the above provisions, we retain the right to institute action in any court of law with jurisdiction, to obtain urgent, interim relief or to collect outstanding debts due and payable by you.

Legal Service of Documents and Notices

Your residential address, which you gave us, at the time of registration, on the WebVault website or by any other available registration means and as updated by you via the website, is your chosen address for the delivery of legal documents.

We choose the following address for the per hand delivery of legal documents:
  • Head of WebVault
  • Cradock Street, Alberante, 1449
Notices delivered using the following methods will be deemed to be received within the stated period: by hand (at the time of delivery), post (fourteen days), fax (same date). You may not send any notice or legal document to us by e-mail.

Electronic Communications as set out in Chapter III of the ECT Act

When visiting the WebVault website, you acknowledge that all agreements, notices, disclosures and other communications sent by us satisfy any legal requirements, including, but not limited to the requirement that such communications should be "in writing".

Any other communication to you may be sent via e-mail as registered and updated by you.

Termination of Vault

You agree that WebVault may suspend or terminate part or all of your Vault or your usage of the Vault or it's services and may also remove and discard any information within the Vault and this is at our sole discretion, which may include;
  • Violation of any of the Terms and Conditions
  • If you provide false information to us
  • On non-payment of the monthly amount due by you to us
  • We may do this without giving you any prior notice and with immediate effect
On termination of my Vault / account I have no recourse to any credit of funds paid.

General

Our failure to exercise or enforce any right or provision of these terms and conditions is not a waiver by us of such right or provision.

If any of these terms and conditions is found to be invalid or unenforceable, such terms will be severable from the remaining provisions, which will remain in force and effect.

We are entitled to vary and update these terms and conditions and any other terms and conditions relating to WebVault from time to time and at our sole discretion. Each time you use WebVault the current version of the terms and conditions at the time, will apply to that transaction. WebVault will, via the website, indicate that terms and conditions have been updated. You must familiarise yourself with the updated terms and conditions.

You may not cede or delegate rights or obligations with regard to these terms and conditions without our prior written consent.

All defined terms must be read and interpreted as part of the terms and conditions and you must agree that you:
  • Comprehend and agree with all the Terms and Conditions stated herein above
  • Agree to abide by all the Terms and Conditions stated herein above
  • Acknowledge that you are legally able to enter into a legally binding contract in terms of the law of the land
  • Acknowledge that these Terms and Conditions form a legally binding contract
  • Accept that the above comprises a contract that is valid under law or regulation.