Using Nashua Mobile’s websites
Please read these terms and conditions carefully.

These are the general terms and conditions governing the subscriber"s access and use of Nashua Mobile"s website and WAP sites.

By using the sites and/or any of the services shown on the sites, the subscriber agrees to be bound by these terms and conditions. The subscriber understands and accepts that these terms and conditions shall apply to the use of Nashua Mobile"s sites.

1. Definition

  • "authorisation information" means the information that Nashua Mobile requires from the subscriber to enable the subscriber to enter certain part or parts of the sites which may be but not limited to a username, password or the subscriber"s cellular telephone number;
  • "site functionalities" means the services offered on or via the sites, which may include (but is not limited to) chat, discussion group, bulletin board services, email, SMS, voice messaging services, online transactions and search engines;
  • "global network operator(s)" means those operators who have been licensed to operate the cellular mobile telephone system, currently Vodacom Group (Pty) Ltd "VODACOM", Mobile Telephone Networks (Pty) Ltd "MTN", Cell C (Pty) Ltd "CELL C" and all other such operators that might be licensed by the competent authorities from time to time;
  • "intellectual property rights" means Nashua Mobile"s right, title and interest in its trade marks, trade names, copyright and other right used or embodied in or in connection with the services that are the sole property of Nashua Mobile;
  • "Nashua Mobile" means Nashua Mobile (Pty) Ltd, "n private company duly registered in terms of the Company Act of the Republic of South Africa under registration number: 1986/04789/07;
  • "services" means the site content and the site functionalities combined;
  • "sites" means Nashua Mobile"s web sites and WAP sites;
  • "site content" means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics;
  • "subscriber" means the user of the services;
  • words importing one gender include the other two genders;
  • the singular includes the plural and vice versa;
  • natural persons include created entities (corporate and unincorporated) and the state and vice versa.

2. Use of the services
The subscriber acknowledges and agrees:

  • that the services as are provided via the sites consist of the site content and the site functionalities available on the sites or otherwise provided as a result of the use of the sites;
  • that the permission to use the sites and the services, are expressly set out in these terms and conditions or on the sites;
  • that it will not to copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer or otherwise make available any of the services or any information learned by the subscriber whilst using the services or accessing the sites. Remove, change or obscure in any way anything on the sites and/or the services or otherwise use any material obtained whilst using the sites and/or the services except as set out in these terms and conditions;
  • not to reverse engineer or decompile (whether in whole or in part) any software used in the sites and/or the services (except to the extent expressly permitted by applicable law) - copy or use any material from the sites and/or the services for any purpose;
  • not to remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the sites or obtained as a result of the services;
  • that any of the services may be modified, replaced or withdrawn by Nashua Mobile at any time without giving notice to the subscribe;
  • that Nashua Mobile shall not be liable for any breakdown or failure of any equipment or medium of access to the sites or services;
  • that Nashua Mobile will provide access to the services by providing a personal Identification Number ("PIN");
  • to ensure the safekeeping and confidentiality of such PIN;
  • to notify Nashua Mobile immediately on becoming aware that the PIN may have fallen into the hands of an unauthorized person;
  • to follow the recommended security procedures;
  • that Nashua Mobile may and is hereby authorized to debit any accounts with the amounts of the transactions affected by the subscriber via the services;
  • to use the sites and the services in an appropriate and lawful manner and shall not or allow or permit any other party to receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
  • not to circumvent user authentication or security of any host, network or account nor interfere with service to any user, host or network;
  • not use the sites and/or the services to advertise or offer to sell any goods or services for any purpose;
  • not knowingly or recklessly transmit any electronic content through the sites and/or the services which shall cause or is likely to cause detriment or harm, in any manner, to computer systems owned by Nashua Mobile or other Internet users
  • to read and take cognisance of the information and recommendations accessible on the site about security and the subscriber"s role therein;
  • that any failure on the subscriber"s part to follow the recommended security procedures may result in a breach of confidentiality and may lead to unauthorised transactions being executed on the sites;
  • that any software downloaded is subject to licensing and is subject to such terms and conditions as the licensor of such software may impose;
  • that the use of any software downloaded from the sites, is at the subscriber"s own risk and the subscriber hereby holds Nashua Mobile harmless against any loss or damage which the subscriber may suffer as a result of the use or possession of such software;
  • that all instructions given by the subscriber via the sites will be implemented by Nashua Mobile and the subscriber shall not be entitled to countermand or amend such instructions;
  • that Nashua Mobile, shall not be required to inquire into the authority of any person using the sites or services.

3. Authorisation information

  • Following registration the subscriber may be issued with authorization information that may be used to access the sites and/or the services and any pages for which registration is required. Nashua Mobile reserves the right to change the subscriber"s authorization information at any time at its sole discretion and shall notify the subscriber of this change as soon as reasonably practicable.
  • The subscriber"s account is to be used by a single user only and "Corporate Connect" subscribers will appoint a representative that will be responsible for access and using the site and/or the services. All subscriber are responsible for ensuring that no unauthorised access to the sites and the services is obtained using the subscriber"s authorization information and the subscriber is liable for all such activities conducted through its account whether authorised or not.
  • The subscriber as the registered user of an account will:
  • keep its authorization information secure and not let it become public knowledge;
  • provide true, accurate, current and complete information in all fields indicated as compulsory when registering on the sites and/or the services and notify Nashua Mobile immediately of any changes or mistakes.

4. Intellectual property rights

  • All trade marks used on the sites and/or the services are the trade marks of Nashua Mobile. The subscriber will not use the trade marks, whether design or word marks: as or as part of its own trade marks; in a manner which is likely to cause confusion; to identify products to which they do not relate; to imply endorsement or otherwise of products or services to which they do not relate; or in any manner which does or may cause damage to the reputation of Nashua Mobile.
  • The subscriber acknowledges and agrees that the services and the sites or any part thereof, whether presented to the subscriber by Nashua Mobile, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
  • The subscriber is only allowed to use the sites and the services as set out in these terms and conditions and nothing on the sites and/or the services shall be construed as conferring any licence or other transfer of rights to the subscriber of any intellectual property or other proprietary rights of Nashua Mobile.

5. Costs

  • Nashua Mobile reserves the right to charge for access to part or all of the site, subject to giving the subscriber notice when entering any part to which charges apply. Some services may be chargeable as indicated on the sites and in any accompanying terms and conditions.

6. Indemnity

  • The subscriber hereby indemnifies Nashua Mobile against any demand, claim or action against it relating to or in connection with its use of the site and/or services, whether directly or indirectly.

7. Limitation of liability
Should any demand, claim or action be proved against Nashua Mobile by the subscriber, damages shall be limited to direct damages and, without limiting the generality of the clause, the subscriber agrees that Nashua Mobile shall not be liable for:

  • any indirect, special or consequential damages;
  • any loss or damage that may arise from the use, misuse, abuse or possession of any third-party software including, without limitation, any operating system software, browser software, or any other software packages or programs;
  • any failure or unavailability of the sites an/or services or failure by Nashua Mobile to perform a transaction as a result of the loss or destruction of data, the deterioration or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond Nashua Mobile"s control;
  • any destruction or accessing of the subscriber"s data or any destruction or theft of, or damage to, any of the subscriber"s equipment;
  • any unauthorised access to the subscriber"s accounts or any breach of security.

8. Breach
The subscriber acknowledges that, should it breach any of these terms and conditions, Nashua Mobile shall be entitled, without notice, to cancel this agreement and withdraw the facilities under the sites and/or services with immediate effect, without prejudice to any rights it may have to recover any amounts due to it or any losses or any damages suffered by it in consequence of the subscriber"s breach.

9. Global network operators
Nashua Mobile shall not be liable to the subscriber for any loss, injury or damage of any nature whatsoever, including loss of profit or any other special damages or indirect or consequential losses or damages which the subscriber or any other person may suffer, as a result of any act or omission by the global network operators(s), or whether caused directly or indirectly by the use of the site and/or services.

10. General

  • Governing Law and Jurisdiction - These terms and conditions are governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such laws.
  • Severability - These terms and conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent authority such provision shall be deemed to have been deleted without affecting the remaining provisions of these terms and conditions.
  • Waiver – Nashua Mobile"s failure to exercise any particular right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
  • Representations – The subscriber acknowledges and agrees that in entering into these terms and conditions it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these terms and conditions or not) other than as expressly set out in these terms and conditions as a warranty.
  • Assignment – the subscriber in entering into these terms and conditions undertake that it will not assign, re-sell, sub-lease or in any other way transfer its rights or obligations under these terms and conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the services being terminated by Nashua Mobile forthwith. Nashua Mobile may assign these terms and conditions in whole or in part to any third party at its discretion.
  • Force Majeure – Nashua Mobile shall not be liable in respect of any breach of these terms and conditions due to any cause beyond its reasonable control including but not limited to, Acts of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Nashua Mobile is not responsible.
SMS CODE OF PRACTICE

DIRECT MARKETING ASSOCIATION

VODACOM

MTN

CELL–C

1. INTRODUCTION
  1. This code deals with the use of Short Message Service (SMS) to deliver Commercial Messages to cell phone users.
  2. The use of SMS to deliver Commercial Messages to customers is increasing.
  3. Customer can perceive commercial SMS as intrusive as there is no clear opt-out process, it is difficult for customers to avoid the message and there is no indication of who sent the SMS. There is presently no SMS code of practice in South Africa.
  4. Existing codes of practice for Direct Marketing and E-Business do not adequately address the characteristics of SMS marketing.
  5. The Direct Marketing Association represents a large number of companies who are requesting guidelines on SMS marketing.
  6. As an industry association, the DMA is acting as a neutral forum to process the drafting of this code.
  7. This code was drafted between June and August 2002 with the participation of Cell-C, Vodacom, MTN; over 30 Service Providers and companies; the DMA E-Business Committee; the DMA Board and was put forward for comment to the general public and the DMA’s 300 member companies.
2. DEFINITIONS
  1. Network Operator - Vodacom, MTN, Cell-C or future Network Operator with SMS sending capability.
  2. Service Provider – Any person or entity contracted to a network provider to sell and/or market SMS services.
  3. Message Originator – Any person or entity with a commercial arrangement with a Network Operator or Service Provider to send Commercial SMS
  4. Commercial SMS - A message sent by SMS that is designed to promote the sale or demand of goods or services whether or not it invites or solicits a response from a recipient.
  5. Originating Number – The number allocated to the Service Provider by the Network Operator through which the commercial SMS was sent.
  6. Recipient - A person who receives a commercial SMS.
  7. DMA – Direct Marketing Association.
3. OBJECTIVES
  1. Protect consumers by (1) preventing unsolicited SMS messages, (2) providing a channel for resolution and (3) promote responsible use of SMS as a marketing medium.
4. SCOPE
  1. The code is limited to:
    1. Providing rules for the sending of Commercial SMS by Service Providers and Message Originators
    2. Providing a mechanism for consumers to (1) identify which Service Provider or Message Originator sent an SMS and (2) to be able to locate the contact details of that Service Provider or Message Originator and (3) if the response from the Service Provider or Message Originator is unsatisfactory to lodge a complaint with the DMA
5. RULES
  1. Message originators must not send Commercial SMS unless:
    1. the recipient has requested the SMS, OR
    2. the recipient has a prior commercial relationship with the message originator and would reasonably expect to receive marketing communications from the originator, OR
    3. where the originator has no prior commercial relationship with the recipient, the organisation supplying the originator with the recipient's information has the recipient's consent to do so for the purpose of SMS use
  2. Message Originators must allow Recipients to unsubscribe from Commercial SMS through:
    1. Notifying the Message Originator directly, OR
    2. Being referred by the Service Provider to the Message Originator.
  3. Message Originators must include their name or identifier in a Commercial SMS message.
  4. Service Providers and Message Providers must include a valid originating number in all Commercial SMS messages.
  5. Network Operators must provide the Originating Numbers issued by them to Service Providers or Message Originators and their names and contact details to the DMA for inclusion on the site www.smscode.co.za as part of their contractual agreement with the Service Provider or Message Originator.
6. HANDLING COMPLAINTS
  1. The DMA will create a web site at the URL www.smscode.co.za (plus a telephone number to the DMA Consumer Desk) where:
  2. Recipients can:
    1. View the code
    2. View guidelines on how to respond to unsolicited commercial SMS
    3. Enter an Originating Number and be returned the name and contact details of the Service Provider or Message Originator who sent that message.
    4. View the telephone and email details for Service Providers
    5. Submit a complaint to the DMA if they feel a Service Provider has not solved their problem
  3. Service Providers can:
    1. Email the DMA contact to update their contact details
  4. Network Operator Help Staff can:
    1. Search for an originating number and see which Service Provider or Message Originator is the contact for the complaints
    2. View the telephone, physical, postal and email details for Service Providers or Message Originators
  5. Network Operator Admin can:
    1. Log in to an admin section of the site and update Originating Numbers and Service Provider details, OR
    2. Email the DMA with any updates and the DMA will load them
  6. The DMA will filter submitted complaints by first referring the complaint to the Service Provider (if any), then to the Message Originator and finally to the Network Operator.

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