Polka General Conditions of Use of Website

Accessing this website or any pages on this website implies that you agree to be bound by these terms of use. If you do not agree to these terms you should discontinue your use of this website.

1. Conditions of access

1.1 You 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 only;

1.1.2 you will not disclose your user name and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;

1.1.3 in the event that your password is compromised, you will immediately notify Polka 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 payments in respect of a service charged to your Polka account, irrespective of whether the service has been utilized or is being utilized by you or not;

1.1.5 the entire amount outstanding on your Polka account will be deemed to have arisen from (or relate to) your access to and/or use of a Polka service;

1.1.6 you will not, at any time, permit and/or initiate a simultaneous network log-in; and

1.1.7 you will not attempt to circumvent Polka's user authentication processes or engage in attempts to access Polka's network where not expressly authorised to do so.

1.2 We 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 of your data, as we will not be liable for any direct or indirect loss or damages of any kind, 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).

1.3 Polka will take whatever action Polka 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 Polka's network, or any other network connected to Polka’s network, or tamper with a service or such a network in any manner whatsoever.

1.5 Polka takes reasonable steps to secure your payment information. Polka uses a payment system that is sufficiently secure with reference to accepted technological standards at the time of the electronic transaction and the type of the transaction concerned.

1.6 Polka will deal with your personal information in accordance with the provisions of our Privacy Policy which is available on our Legal Notices Website: .

1.7 You 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 to receive 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 through the service;

1.7.3 use any 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 bodily harm or the like or which may violate any person's personality rights;

1.7.4 use any service to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";

1.7.5 use any service in a manner that may infringe the Intellectual Property Rights or other proprietary rights of others, including (without being limited to) the transmission of pirated software;

1.7.6 use any service in any manner which could damage, impair, overburden or disable the service or interfere with any other party's use or enjoyment of the service;

1.7.7 use any service to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;

1.7.8 repeatedly post gratuitous off the topic postings;

1.7.9 gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the service to collect or attempt to collect personal information about third parties without their knowledge or consent;

1.7.10 violate the privacy of any person or attempt to gain unauthorised access to the service or any other network, including (without being limited to) through hacking, password mining or any other means; or

1.7.11 use the service to engage in any illegal or unlawful activity.

1.8 Should you engage in any one or more of the above activities, which shall be determined in Polka's sole discretion and which decision shall be final, then Polka shall be entitled, without prejudice to any other rights it may have, to:

1.8.1 without notice, suspend your access to the service concerned;

1.8.2 disclose information relating to the offending activity as may be required under the circumstances.

1.9 You acknowledge that Polka and/or a third party Network Operator (as the case may be) may under the circumstances as prescribed in the Regulation of Interception of Communications and Provision of Communication Related Information Act, 2002 (“RICA”), be required to intercept, lock, filter, read, delete, disclose and use communications sent or posted via Polka’s or the Network Operator’s network and you hereby consent to the undertaking of such activities by Polka and/or a third party Network Operator. Polka 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 Polka and/or a third party Network Operator performing any activity referred to in this clause.

1.10 A copy of RICA is available here.

2. Intellectual Property Rights

2.1 You 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 our services and/products.

2.2 You are prohibited from using any of Polka's trademarks, logos, brand names, domain names or other marks, without the prior written approval of Polka.

2.3 Other than as specifically provided in the product or service specific terms and conditions, Polka will wholly and exclusively retain all existing Intellectual Property Rights and become the exclusive and unencumbered owner of all intellectual property right(s) employed in or otherwise related to software used by Polka, its network infrastructure, e-commerce network infrastructure, business and the provision of any of the services in terms of the product or service specific terms and conditions.

3. Indemnity

3.1 You hereby unconditionally and irrevocably indemnify Polka and agree to hold Polka harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Polka or instituted against Polka as a result of (without limitation):

3.1.1 your negligent use of the website or any services thereon;

3.1.2 your failure to comply with these terms;

3.1.3 any unavailability of, or interruption in the website or any services thereon.

4. Disclaimer

4.1 Polka has made every effort to ensure the proper performance of its website, the accuracy of any information and/or images on its website and the reliability of any binary data on its website, however, Polka does not guarantee the availability of services, content and information offered on its website ("the services") or the accuracy of the information and/or images on its website.

4.2 Polka makes 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 images contained on its website, and the services are used at your own risk. In particular, we make no warranty that the services will meet your requirements, be uninterrupted, complete, timely, secure or error free.

4.3 Polka’s website may contain hyper-links to third party sites. Polka is not 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 therein. You access those sites and use their products and services solely at your own risk.

5. General

5.1 You hereby consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by Polka arising out of these terns, provided that Polka shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa 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 Polka 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 Polka. No variation or addition of these terms will be binding on any of the parties unless recorded in writing and signed by both parties.

5.4 Polka is in terms of section 43 of the ECT Act required to make its contact details, its domicilia citandi et executandii and certain other information available to its subscribers who enter into electronic transactions with Polka. This information is available under “Company Information” on our Legal Notices Website.

5.5 No indulgence, leniency or extension of time which Polka may grant or show to you shall in any way prejudice Polka or preclude Polka from exercising any of its rights in the future.

5.6 In these terms, “we”, “us” or “our” or “Polka” shall refer to MWEB Connect (Pty) Limited, Registration Number 1996/015134/07, its affiliates and subsidiaries.

5.7 The physical address where Polka will receive legal service of documents/ domicilium citandi et executandi is the following:

MWEB Building
110 Fairway Close
Parow
7500