Polka fax terms and conditions

1.Introduction

1.1 The parties to this agreement are polka, a division of MultiChoice Subscriber Management Services (Pty) limited- Internet Division (hereinafter referred to as "polka" or "we" or "us" or "our") on the one hand, and the person using the service as defined in 2.1 below (hereinafter referred to as "you") on the other hand.

1.2 Before using the service, as defined in 2.1 below, in any way whatsoever, you must read and ensure your understanding and unconditional agreement to all of the terms and conditions set out herein. Any use of the service will imply your acceptance without modification of all of the provisions set out herein, whereupon such provisions will constitute a legal agreement between you and polka (hereinafter referred to as "this agreement" or "the agreement"). You are therefore bound to the provisions of this agreement as soon as you use the service. If you do not agree to all of the terms and conditions of this agreement, you may not use the service.

1.3 Polka's other legal notices including (without limitation) the Subscribers' Terms and Conditions of Use, shall form part of this agreement and are hereby incorporated by reference.

2. The Services

2.1 Polka facilitates an inbound fax service and an outbound fax service provided to you by an independent third party service provider ("the third party service provider"). The inbound fax service enables you to receive via electronic mail, fax messages sent to the number allocated to you upon registration for the service (hereinafter referred to as "your polka fax number"); while the outbound fax service enables you to send via electronic mail, fax messages to numbers in certain territories.

2.2 For the purposes of this agreement, any reference to "the service(s)" shall imply a reference to both the inbound fax service and the outbound fax service, and any reference to the "the inbound service" or "the outbound service" shall be a reference to that particular element of the service.

3. Use of the service

3.1 Polka will allow 1 (one) polka fax number per primary mailbox and no additional fax numbers will be allocated to any extra email addresses registered against the primary Polka member's username.

3.2 You must use the service at least once in every (3) three month period.

3.3 Should you not receive and/or send a fax message via the service for a period of (3) three consecutive months, - (a) you will automatically be deregistered from the service; and (b) you may lose (forfeit) your polka fax number and polka will be entitled to allocate it to another user of the service.

4. Privacy

4.1 You acknowledge that -

4.1.1during the process of registering for the services you may be required to disclose certain personal information including (without limitation) your Sign-Me-In user identity and password, (hereinafter collectively referred to as your "personal information") to polka; and

4.1.2Polka will use its best endeavours to safeguard your personal information but may be required to provide the third party service provider with all or some of your personal information so as to enable the third party service provider to provide the services to you

4.2 Accordingly, you hereby agree that -

4.2.1Polka may disclose to the third party service provider such part of your personal information as polka in its sole discretion deems appropriate so as to enable the third party service provider to provide the services to you; and

4.2.2Polka will not be liable to you or any other third party for any loss, costs or damages suffered by you or any other third party or for any claims instituted against you arising from, or in any way relating to, the disclosure of your personal information. Your sole and exclusive remedy under such circumstances will be to stop using the services.

5. Fees

5.1 The fees payable for the services shall be displayed on the polka website at www.polka.co.za (the "polka website").

5.2 The service fees as displayed on the polka website shall be paid upfront into your polka account. In order for you to use the service, you may be required to have a certain minimum amount, in polka's sole discretion, available in your polka account at all times. Polka reserves the right to suspend your access and/or use of the service should your polka account fall below the aforesaid required minimum balance.

5.2.2 Polka reserves the right to revise the fees displayed on the polka website from time to time without notice to you. The revised fees will be displayed on the polka website together with the date on which they became effective. Please check the fees displayed on the website periodically for changes. Your continued use of the service following the posting of any changes to the fees constitutes your acceptance of those changes.

6. Advertising

6.1 You hereby acknowledge and agree that polka retains the exclusive right to place and procure the placement of advertising to accompany any communications transmitted to or from you by means of the services.

7. Termination of the services

7.1 You acknowledge that the inbound service is provided to you subject to the terms and conditions of third party network operators allocating certain phone numbers to the third party service provider who in turn makes these numbers available to polka for allocation to you.

7.2 In the event that any of the network operators referred to in 7.1 and/or the third party service provider amend, suspend or terminate their provision of phone numbers or any other aspect of their services upon which polka and/or the third party service provider depend for the provision of the services to you, polka undertakes to use its reasonable endeavours to ensure the continuance of the services in the least disruptive manner.

7.3 In the event that polka cannot maintain the services as a result of any one or more of the eventualities referred to in 7.2 hereinabove, you hereby agree that polka will not be liable to you or any other third party for any loss, costs or damages suffered by you or any other third party or for any claims instituted against you arising from, or in any way relating to, the termination of the services in these circumstances.

7.4 In the event that your polka Internet subscription is terminated for any reason whatsoever or your outbound service account is in arrears, your access to and use of the service will automatically be terminated and you will forfeit your polka fax number notwithstanding any other provision in this agreement.

8. Limitation of liability

8.1 You acknowledge and agree that -

8.1.1Polka only facilitates the services and that the services are provided by the third party service provider and other third parties independent of polka; and

8.1.2Polka does not endorse the services in any manner whatsoever and makes the services available to you "as is", without any guarantees, warranties and/or representations of any kind, either express or implied. Without limiting the generality of the aforegoing, polka specifically does not warrant that the services are accurate or reliable.

8.2 You hereby agree that you are using the services, or any part thereof, at your own risk and that polka will not be liable to you for any loss, costs or damages (including, without limitation, consequential loss) suffered by you or for any claims instituted against you arising from, or in any way relating to, the services. Your sole and exclusive remedy under such circumstances will be to stop using the services.

8.3 Polka therefore disclaims and shall not be liable for any loss, damages or costs (including, without limitation, consequential loss) suffered by you and/or any claim instituted against you arising from, or relating to, the services in any manner whatsoever. This exclusion of polka's liability includes (without being limited to):

8.3.1your use of the services, or any part thereof, in any way whatsoever;

8.3.2your reliance on the services, or any part thereof, in any manner whatsoever;

8.3.3disclosure of your personal information to polka and/or polka's disclosure of your personal information to the third party service provider as set out in 4.1.2;

8.3.4fraudulent use of the service by an unauthorised third party on your account;

8.3.5termination of the services for any reason whatsoever;

8.3.6any dispute between you and any other third party, including (without limitation) the third party service provider, relating to or resulting from the services;

8.3.7any revision of the fees in terms of 5 above.

9. Indemnity

9.1You hereby unconditionally and irrevocably indemnify polka and agree to hold polka free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by polka or instituted against polka resulting from or relating to your use of the service.