Terms of Use

 

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced in this document (the “terms of use”). If you do not agree to these terms of use, please do not use this site. PRoComm reserves the right, at our discretion, to update or revise these terms of use. Please check the Terms of Use periodically for changes.

Your continued use of this site following the posting of any changes to the terms of use constitutes acceptance of those changes.

The terms of use agreement govern your use of this internet site and related services provided to you by Renay van der Berg Marketing CC trading as PRoComm, Registration Number 2009/192455/23 (“PRoComm”).

NOTE: This policy must be read with the Privacy Policy for https://procomm.co.za/ that is incorporated into this policy

 

Service

PRoComm may discontinue or alter any service level or aspect of any/all of the services provided through this website at any time, without notice, without liability and at PRoComm’s sole discretion.

PRoComm reserves the right, in its sole discretion, to terminate or restrict your access to all or part of this site, at any time, without notice and without liability.

 

Rules of user conduct

The user’s general responsibilities

PRoComm provides access to this website, https://procomm.co.za/ and all related services (“the site”) with the goals of ensuring the security, reliability and privacy of the services and the users of the services, maintaining the image and reputation of PRoComm as a responsible provider of the services, preserving the value of Internet resources as a conduit for free expression and encouraging the responsible use of Internet resources and discouraging degrading, libellous, harmful, or illegal use of such resources. Consequently, PRoComm expects you and all other users of the services to use the Internet with courtesy and responsibility, and be familiar with and practice good Internet etiquette in furtherance of the above stated goals.

 

Illegal or harmful use

You agree to use the site only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or the terms of this agreement is prohibited.

By posting information in or otherwise using any communications services, including but not limited to, chat rooms, message boards, newsgroups, software libraries, or other interactive services (“communication services”) that may be available to you on or through this site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that PRoComm in its sole discretion determines is:

  • harmful to its hosting service network, systems, networks, reputation, goodwill, other PRoComm customers or any third party;
  • an infringement of intellectual property rights, including without limitation copyright, trademark, patent, trade secret, the right of publicity, or other proprietary rights of any party;
  • offensive, obscene, pornographic, lewd, harassing, threatening, invasive of privacy, abusive, inflammatory or otherwise objectionable, unlawful, threatening, defamatory, libellous, deceptive, fraudulent in any way, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “Spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • impersonates any person or entity, including any employee or representative of PRoComm.

Violations of PRoComm’s or any third-party server, system or network security through the use of the services are prohibited and may result in criminal liability. PRoComm may investigate incidents involving such violations, and may involve and cooperate with law enforcement agencies if any such violation is suspected.

You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 yrs. old). Personal information includes but is not limited to name, address, phone number or name of their school.

PRoComm generally does not pre-screen, monitor, or edit the content posted by users of communications services that may be available on or through this site. However, PRoComm and its agents have the right at their sole discretion to remove any content that, in PRoComm’s judgment, does not comply with this agreement or is otherwise harmful, objectionable, or inaccurate. PRoComm is not responsible for any failure or delay in removing such content.

 

Third party sites

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of PRoComm, and you acknowledge that PRoComm is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by PRoComm or any association with its owners.

 

Copyrights

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by PRoComm, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from PRoComm is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of PRoComm. Permission is granted only when certain limited criteria are met.

By posting or submitting content to this site, you:

  • grant PRoComm and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by PRoComm will not infringe or violate the rights of any third party.
  • You also agree that you will not harvest or collect information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

 

Procedure for making claims of copyright infringement

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify PRoComm and provide the following information:
○ a description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
○ identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
○ identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material;
○ your name, address, telephone number, and email address;
○ a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
○ a statement by you that the above information is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
International use

PRoComm makes no representation that materials on this site are appropriate or available for use in locations outside South Africa, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

 

No warranties

All services performed on or through this site, including any and all services provided by third party providers on behalf of PRoComm are performed “as is” and without warranty or condition against the failure of performance, including, but not limited to, any failure due to computer hardware or communications systems. Except as expressly provided in this agreement, PRoComm does not make and hereby disclaims, and the user hereby waive all reliance on, any representations, warranties, or conditions arising by law or otherwise regarding the services, including, but not limited to, implied warranties and conditions of merchantability, fitness for a specific purpose, non-infringement, or arising from course of dealing, course of performance, or usage in trade.

Notwithstanding anything to the contrary contained in this contract, neither PRoComm nor any of its employees, agents, sub-contractors, suppliers, or affiliates warrant that the functions contained in the services will be uninterrupted and/or error-free as to the quality and/or performance of the services.

 

Limited liability

In no event will PRoComm, its employees, agents, sub-contractors, affiliates, or suppliers have any liability for unauthorised access to, or alteration, theft or destruction of information distributed or made available for distribution via the site through accident or fraudulent means and devices.

Neither PRoComm, its employees, agents, sub-contractors, affiliates, or suppliers have any liability to the user or any third party with respect to PRoComm’s obligations under this agreement, for any exemplary, incidental, consequential, punitive, special, delictual liability, or any other damages arising out of the operation of or inability to operate these services, even if PRoComm have been advised of the possibility of such damages.

 

Interruption of service

The user hereby acknowledges and agrees that PRoComm, its employees, agents, sub-contractors, affiliates and suppliers will not be liable for any temporary delay, outages, or interruptions of the services. Further, PRoComm shall not be liable for any delay or failure to perform its obligations under this agreement, where such delay or failure is the result of acts of God or other causes beyond its reasonable control (including, but not limited to failure of any mechanical, electrical or communications systems, any third party, or the user ’s or the user’s site visitors’ computer or internet software).

 

Passwords

The user acknowledges that PRoComm does not regulate or take any responsibility for the security of the user’s passwords. The user agrees that the security of their passwords is solely their responsibility. The user agrees that if they believe that the security of their account has been compromised in any way that they shall notify PRoComm immediately.

 

Indemnification

The user warrants that they shall be in possession of all rights necessary to lawfully submit any information or materials that are either uploaded or transmitted to PRoComm including all intellectual property rights. The user further agrees to indemnify PRoComm against any action brought by a third party as a result of such material or information, and/or as a result of the user’s use in any way of the services provided by PRoComm.

 

Applicable legal system and electronic commerce laws

Regardless of the locality from which this site is accessed, the user consents to the jurisdiction falling within the Magisterial District of Bloemfontein, Free State Province, South Africa, and any dispute, which shall lead to any litigation or arbitration proceedings, shall be governed by the applicable laws of the Republic of South Africa.

The user agrees that it is solely responsible for complying with any laws, taxes and tariffs applicable in any way use of this site or any other services contemplated herein, and will hold harmless, protect and defend PRoComm, its employees, agents, sub-contractors, affiliates and suppliers, from any claim, suite, penalty, tax, fine or tariff arising from the user’s exercise of the user’s use of this site, including but not limited to electronic commerce, and/or any failure to comply with any laws, taxes and tariffs.

 

Breach of agreement

PRoComm reserves the right and has absolute discretion to restrict access to any service or area of this site that violates this agreement, or is otherwise objectionable or potentially infringing on any third party’s rights or in potential violation of any laws.

In the event that PRoComm at any time reasonably believes that the user is in breach of any of the terms and conditions contained in this agreement, PRoComm may immediately take corrective action, including without limit,
(a) issuing warnings; or
(b) suspending the services.

In event that PRoComm elects to take any corrective action, the user will not be entitled to a refund of any unused prepaid fees if and where applicable.

Further, in the event of any dispute arising out of or relating to this agreement, the user shall be liable to PRoComm for all legal expenses incurred on an attorney and user scale of an attorney and counsel incurred by PRoComm in the event of:
(a) any default by the user;
(b) any litigation in regard to the validity and enforceability of this agreement.

The user shall also be liable for any collection or any valuation fees incurred.

The user agrees that PRoComm shall not be liable to make any payment of security in court in terms of Section 62 of the Magistrate’s Court Act, as amended, and hereby consents to the jurisdiction of the Magistrate’s Court.

Termination of this agreement under this clause does not relieve the user of liability for any and/or all fees owing to PRoComm.

 

Whole agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and PRoComm with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and PRoComm with respect to this site. If any part of these terms of use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.