E9 ("E9") is the owner of the intellectual property relating to the name and concept, including the data / information contained on this database / website, for users of the service (the "USER") subject to the terms and conditions set out herein (the "TERMS").
By accessing the database / website, the USER is deemed to have read, understood and accepted the TERMS set out herein. E9 may at any time amend any of the TERMS, and such amendment will supersede and replace any previous TERMS. Each time the USER accesses the database / website, the USER agrees to be bound by the TERMS as amended from time to time. If you do not accept these Terms and Conditions, DO NOT USE THE WEBSITE OR ITS SERVICES.
This service is currently available for Vodacom, CellC and MTN users, however, CellC does not support Location Based Services and thus we cannot offer location mapping for CellC subscribers.
The USER may access the database / website for the following purposes -
to record personal, medical and insurance information;
to obtain information and data;
to send out a distress message to family member/s or friends or Campus Security.
E9 acknowledges and agrees that the USER's confidential information and data shall be utilized by it solely and exclusively for the purposes of assisting the USER in the ordinary course of the USER's emergency, from time to time, and for no other purpose whatsoever.
In agreeing to and accepting these Terms and Conditions the USER agrees to E9's use of the USER's Personal Information unless the USER has expressly informed E9 otherwise. The USER agrees that E9 may send the USER further offers or information by mail, SMS text, WAP Push, email or telephone and that E9 may pass the USER's contact details to carefully selected companies both within and outside the South African Economic Area who may want to send the USER offers and information that may be of interest to the USER. The USER agree that E9 may receive information about him/her from reliable third parties and add it to the database. E9 shall ensure that such third parties operate a similar ethical policy to it in relation to the USER's privacy. If the USER does not wish to receive these offers of information, please notify E9. Due to possible delays, the USER may still receive promotional material from E9 up to two months after the USER's notification. The USER agrees that E9 may comply with any reasonable request from the South African Police or any regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or information concerning your activities whilst using the Services, without first notifying the USER. E9 reserves the right in our reasonable discretion and without prior notice to you to disclose details of your use of the Services to a person who makes a complaint or allegation in connection with the USER's use, or the use of anyone under the USER's control of the Services. E9 reserves the right to disclose Personal Information and details of the USER's use of the Services in such circumstances whether or not E9 is named as a party or a witness in any threatened or pending legal proceedings.
Should the USER have any questions or comments about E9's privacy issues, or if the USER has a complaint about how E9 uses his/her data, please notify E9.
E9 may disclose anonymous data (which will obviously involve E9 processing the USER's data to anonyms) to trustworthy third parties. Although the USER will not be identifiable by such data, it is possible that such data may be processed and used by such third parties so that you may then become identifiable.
As E9 develops as a business, it is possible that it may buy or sell assets. In the event that E9 or substantially all of its assets are acquired, then your Personal Information will be one of the transferred assets.
E9 protects Personal Information by establishing appropriate physical, electronic and managerial procedures to safeguard the personal information we collect from the USER. This helps prevent unauthorized access, maintains data accuracy and ensures that the personal information is used correctly. In order to carry out these security procedures, E9 may sometimes ask for proof of identity before it discloses any Personal Information to the USER.
E9 also utilizes a personal profile page, which enables the USER to update his/her Personal Information at any time. This allows E9 to maintain accurate and up-to-date personal data. The USER undertakes to provide E9 with Personal Information that is true, current, correct and complete in all respects, and to furthermore notify us immediately of any changes to your Personal Information. E9 conducts research on its USER's demographics, interests and behavior based on the information provided to us upon registration, during a promotion, from its server log files or from surveys. E9 does this to better understand and serve its users. The USER has the right to require its correction or removal from our records at any time. If the USER wishes to be deleted from the database entirely then please use the mechanisms provided on the website, or e-mail E9.
Every time the USER connects to the E9 website it stores web server logs which show the USER's IP address (the unique number which the machine uses when it is connected to the Internet); what the USER looked at; whether the page request was successful or not, and which browser the USER used to view the pages. The use of this data is strictly for statistical purposes and personalization purposes only.
The USER shall ensure that any information submitted to E9 is factually correct and accurate. E9 has absolute discretion to take whatever steps may be necessary to verify the accuracy of any data or information obtained from the USER.
The USER shall not utilize any of the information supplied to himself/herself in any litigation or legal dispute, without prior written consent first having being obtained from an authorized representative of E9.
E9 makes no representations or warranties whether express, implied or tacit as to the correctness, accuracy, completeness or reliability of any information or data on the database / website.
Notwithstanding any other provision contained herein, E9, its employees, members, directors and agents are not responsible for any losses (including consequential, indirect or special damages) which the USER might suffer arising out of or in connection with the use of, or inability to use, this website or the Services or any unlawful activity on this website.
Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury resulting from E9's negligence or that of its servants, agents or employees or any other liability which is prohibited from being excluded by law. The USER acknowledges that E9 may not have control over the information which can be accessed by the USER using the Services and that E9 does not know or examine the use to which the USER or other Users put the Services or the nature of the information the USER or other Users are sending or uploading. E9 excludes all liability of any kind for the transmission or reception of such information of whatever nature by or to the USER. E9 excludes all liability of any kind for the information or any other material published or otherwise made available by the USER or any other USER or person on any website the USER establishes using the Services. E9 shall not be liable on grounds of this agreement, our negligence, or otherwise, for any loss or damage whatsoever howsoever arising from or in any way connected with the USER's use of the Services or accessing other websites from it, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss( even where E9 has been notified by the USER of the possibility of such loss or damage).
E9 reserves the right to remove any data or information from the database / website in its sole discretion.
By accessing the website, the USER warrants and represents to E9 that the USER is authorized to do so, that the USER is the bill-payer or has the bill-payer's express permission to subscribe to the Services and has the requisite capacity to conclude binding agreements with E9. The USER hereby indemnifies E9 against any loss, liability, damage or expense of whatsoever nature which E9 or any third party may suffer, which is caused by or attributable to, whether directly or indirectly, a breach by the USER of any of the warranties contained herein.
The USER undertakes not to do anything which will disrupt the functioning of this website or any of the Services or otherwise act in a way that interferes with other Users' use hereof. The USER undertakes to use the website and the Services only in accordance with all relevant laws and not for any illegal purpose. Furthermore the USER undertakes not to use the Services to: distribute computer viruses, macro viruses, Trojan horses or worms to third parties; transmit or post any material which is unlawful, defamatory, offensive, or of an obscene character; a violate or infringe in any way the rights of any person; attempt any unauthorized access to any part or component of the Services or that of any third party; carry out or participate in, promote or facilitate the sending of unsolicited junk-mail, bulk email, chain letters, pyramid-selling schemes, mail bombs or spamming for commercial or non-commercial purposes; alter or damage the Services or our systems or those of related parties; block our or a third parties access to the Internet. The USER agrees not to: use the forging or blocking of headers and/or addresses or any other action for the purpose of hiding your true identity or discrediting a third party; to subscribe third parties to subscription based or other email lists unless the USER has express permission to do so; collect User/third party emails for the purposes of third party supply, database collation or direct marketing; post binaries (i.e. data such as images, sound clips, etc.) to newsgroups except those specifically created for binary postings.
E9 reserves the right at any time, without prior notice to the USER, to change or discontinue any aspect or feature of the service, including any data or information on the database / website.
E9 reserves the right not to accept and/or comply with the offer to subscribe for any reason whatsoever, without notice to the USER. The USER hereby confirms and agrees that the transaction between the USER and E9 will be deemed to have been concluded at the place where and at the time when E9 accepts the subscription and issues the USER with a code, regardless of where or when such acceptance comes to the notice of the USER.
The USER agrees and acknowledges that -
he/she shall keep and maintain as strictly confidential all the confidential information furnished to him/her/it pursuant to this agreement;
he/she shall use his/her/its utmost efforts and diligence to guard and protect the confidential information;
he/she shall use all reasonable efforts to protect the interest of E9 and shall exercise reasonable care in restricting access of the confidential information to its officers, directors, and authorised employees.
The USER acknowledges and agrees that -
E9 does not make any representation as to the accuracy or correctness of any confidential information transmitted to or made available to the USER;
E9 shall not be liable for any loss, liability, expense or damage of whatsoever nature suffered by the USER or any other person as a result of, or which may be attributable to -
the use by the USER or any other person of any of the confidential information in any manner whatsoever, and the dissemination of the information to third parties by the USER or any other person;
any mistake, error or omission in any of the confidential information;
any delay in delivering, or in any manner communicating, the confidential information to the USER or any other person, for any reason whatsoever;
any failure to deliver, or in any manner to communicate, the confidential information to the USER or any other person, for any reason whatsoever;
The USER indemnifies E9 against any claim which may be made against E9 by any third party in respect of any matter arising from this agreement.
E9 may provide the USER with external links, which are beyond the control of E9, and accordingly, no representation is made as to their content. Use or reliance on any external link provided is at the USER's own risk. No links shall be created from any website controlled by the USER or otherwise to this website without the express prior written permission of E9.
The USER's correspondence with, or participation in promotions of, advertisers or merchants found on or via the Services, including payment for and delivery of related goods, services and any other terms and conditions, conditions, warranties or representations, associated with such dealings, are solely between the USER and such advertiser or merchant. The USER agrees not to hold us liable for any loss or damage of any sort incurred whether directly or indirectly as the result of any such dealings or as the result of the presence of such advertisers or merchants on the Services.
The USER shall be responsible for keeping his/her own copies of all content published by the USER on connection with the Services. E9 will not be responsible for any file recovery or for files lost or otherwise deleted or removed by you.
The TERMS, as amended from time to time, and the application form, constitute the sole record of the agreement between the USER and E9 in relation to the subject matter hereof. The parties shall not be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. The TERMS shall supersede and replace all prior commitments, undertakings or representations, whether written or oral, between the USER and E9 in respect of the subject matter hereof.
No indulgence or extension of time which either the USER or E9 may grant to the other will constitute a waiver of or limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
E9 shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of this Agreement. The USER shall not be entitled to cede, assign and delegate all or any of its rights and obligations in terms of this Agreement.
All the provisions set out in the TERMS are, notwithstanding the order in which they have been set out, nor the manner in which they have been grouped together, are severable from each other. Any provision of these TERMS which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness, or for any reason whatsoever, shall, only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these TERMS shall remain in full force and effect.
Should E9 be prevented from fulfilling any of its obligations hereunder as a result of any event or circumstance beyond its control, then those obligations shall be deemed to have been suspended to the extent that and for as long as E9 is so prevented from fulfilling them, and the USER's corresponding obligations shall be suspended to the corresponding extent. If the event continues for more than fourteen days after it has first occurred, then E9 shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to the USER.
The laws of the Republic of South Africa shall govern these terms and conditions and our relationship. The USER hereby consents and submits to the exclusive jurisdiction of the Cape of Good Hope Provincial Division of South Africa in respect of any disputes arising in connection with any matter related to or in connection with this Agreement or our relationship.
In compliance with Section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), your attention is drawn to the following -
Full name and legal status: Sinakho Mobile and Online Pty(Ltd), a private company duly incorporated in accordance with the laws of the Republic of South Africa;
Registration Number: 2004/026728/07;
Place of registration: Pretoria, South Africa;
Registered physical address: Suite 108, Soho on Strand, 128 Strand Street, Cape Town;
Domicilium address: Suite 108, Soho on Strand, 128 Strand Street, Cape Town
Description of main characteristics of the service/s offered by E9: Emergency information;
Manner of payment: Monthly/Daily via USER's cellular service provider;
The terms of the Agreement: The terms of the Agreement between the USER and E9 is governed by these TERMS and the registration form, and E9 makes no representations, and gives no warranties and/or guarantees of whatsoever nature, whether express, implied in law or tacit, in respect of these terms, the service/s and/or the accuracy or correctness of the information delivered to the USER or any part thereof;
Time within which the services will be delivered: As soon as is reasonably possible after E9 accepts the USER's registration and issues the USER with a code;
Return and refund policy: By nature of the service/s, no information or data provided to the USER by E9 may be returned, and no monies paid by the USER to E9 in respect of the service/s will be refunded to the USER;
Cooling-off period: In terms of Section 42(2)(f)(iii) of ECTA, no cooling-off period applies in respect of any service/s or information accessed via the database / website, as the information accessed and delivered to the USER by E9 cannot be returned.
No person, business or website may frame the site of E9 or any of the pages on this site in any way whatsoever.
No person, business or website may use any technology to search and/or gain information from E9'S website without its prior written consent.
The address for service for all purposes relating to these TERMS, including the giving of any notice, the payment of any sum, the serving of any process, is -
Physical Address: Suite 108, Soho on Strand, 128 Strand Street, Cape Town;
Telefax number: (021) 425-6196;
No legal service shall be validly affected by e-mail;
E9 shall be entitled from time to time, to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.
In order to de-register for the service via cell phone, the USER shall SMS the word "STOP E9" to number 39999, and thereafter follow the prompts.
SMS charged at standard rates.
By applying online, the USER is deemed to have submitted an irrevocable offer to subscribe for use of the E9 service.
The Services offered by E9 are available for a number of GSM mobile phones; however some Services are only available on select mobiles. This is an issue with the handset manufacturers, hence out of TALK4U's control. The USER must obtain confirmation from his/her mobile service provider and/or mobile phone Company that his/her mobile phone is compatible and able to receive our products before downloading any material and/or information from the Services. The USER acknowledges that we are not responsible for any costs or losses incurred by the USER, damage to his/her mobile phone or loss of data resulting from any such incompatibility.
WAP access will be charged at your normal operator rate.
The E9 Service is free to all UCT students and Staff (there is no monthly fee that will be billed and charged) and the USER will be billed R5 for every activation of the panic button (activation of the E9 service)
Payment shall be made via the USER's cellular phone service provider. The USER hereby authorizes E9 to charge the payment for such fees to the USER's cellular phone account.
E9 shall be entitled to review and increase the activation of panic button fee from time to time by publishing such information on its database / website, and the USER agrees to accept such increased monthly subscription fees from time to time.
In the event that payment of any fee is not received timeously by E9 from the USER's cellular phone service provider for any reason whatsoever, E9 shall be entitled to cancel the USER's access to the service forthwith, and without any prior notice to the USER.
E9 is bound by the WASPA Code of Conduct, for more details go to www.waspa.org.za
The USER shall exclusively dedicate the number 9 key on their cellular phone as the emergency panic number to be used by an intervening third party in an emergency situation, in order to access the personal information of the USER.