Panacea website terms and conditions of access and use.


Website terms and conditions of Use:

These Terms and Conditions (“the terms and conditions”) govern your (“the user”) use of the Panacea Mobile (“Panacea”) website located at the domain name www.panaceamobile.com (“the website”). By accessing and using the website, the user agrees to be bound by the terms and conditions set out in this legal notice. If the user does not wish to be bound by these terms and conditions, the user may not access, display, use, download, and/or otherwise copy or distribute content obtained at the website.

Updating of these terms and conditions: Panacea reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to this website. It is the user’s obligation to periodically check these terms and conditions at the website for changes or updates. The user’s continued use of this website following the posting of changes or updates will be deemed notice of the user’s acceptance to abide by and be bound by these terms and conditions, including such changes or updates.

Panacea’s details: In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), Act No 25 of 2005, Panacea makes the following information available to the user:

• The supplier of the services is Panacea Mobile CC, trading as Panacea Mobile (hereinafter referred to as “Panacea”), a close corporation duly registered in accordance with the companies laws of the Republic of South Africa with registration number: 2009/176187/23, with its registered address at 2 Skyeways, 39 Highlevel Road, Greenpoint, Cape Town.

• Panaceas’s website is www.panaceamobile.com and its email address is info@panaceamobile.com.

• Goods and/or Services: Panacea offers a comprehensive range of digital consulting services, including but not limited to mobile consulting and development, digital strategy, bulk SMS gateway, mobile billing solutions and online SMS campaign management software.

• Complaints and disputes: users are invited to contact Panacea email at info@panaceamobile.com in the event of a complaint or dispute.

Copyright and Intellectual Property Rights: Panacea provides certain information and/or access to third party intellectual property and/or services at the website. Content currently or anticipated to be displayed at this website is provided by Panacea, its affiliates and/or subsidiaries, or any other third party owners of such content, and includes but is not limited to literary works, musical works, artistic works, sound recordings, cinematograph films, sound and television broadcasts, program-carrying signals, published editions, computer programs and intellectual property (“the content”). All the contents, and the compilation of the contents, belong to Panacea, its affiliates or subsidiaries, or any third party owners of such rights (“the owners”), and the content is protected by South African and international copyright laws. Panacea reserves the right to make any changes to the website, the content, or to products and/or services and/or the price of the products and/or services offered through the website at any time and without notice. All rights in and to the content is reserved and retained by the owners. Except as specified in these terms and conditions, the user is not granted a license or any other right including without limitation under copyright, trademark, patent or other intellectual property rights in or to the content.

Limited License to General users:

• Panacea grants to the user, subject to the further terms of these terms and conditions, a non-exclusive, non-transferable, limited and revocable right to access the current and future content for personal, non-commercial and information purposes only.

• This website and the content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Panacea.

• The license does not allow the user to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this website or the content for the benefit of another user and/or merchant.

• The user may not frame nor use framing technologies to enclose the Panacea website or the content nor any part thereof without the express written consent of Panacea.

• Panacea and the owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the website.

• Panacea and the owners, their affiliates or subsidiaries reserve the right to refuse service, terminate memberships, remove or edit content, or cancel applications for membership in their sole discretion.

• Any unauthorised use terminates this license.

Limited License to Registered users:

• Panacea allows and processes the registration of certain users (“the registered user”) at the website. If you believe that you are entitled to registration, please contact Panacea email at [email address].

• Subject to the further terms of these terms and conditions, a non-exclusive, non-transferable, limited and revocable right is granted to registered users to access, display and use the current and future content for the purposes agreed to by the registered user and Panacea in their respective agreements.

• This website and the content may only be reproduced, duplicated, copied, resold, visited or otherwise exploited for the specific purposes set out in that agreement. In the absence of any such specific agreement, this website and the content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any purpose.

• The license does not allow the registered user to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this website or the content for the benefit of another person.

• The registered user may not frame nor use framing technologies to enclose the Panacea website or the content nor any part thereof without the express written consent of Panacea.

• Panacea and the owners, their affiliates or subsidiaries reserve the right, in their sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders and/or any credit purchased in their sole discretion.

• Any unauthorised use terminates this license.

Limitation of liability: Subject to section 43(5) and 43 (6) of ECTA, if applicable, and to the extent permitted by law, the website and all content on the website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors and Panacea, the respective owners, suppliers, employees, directors, partners, affiliates and agents shall not be liable for any damage, loss or liability of any nature incurred by whoever as a result of any action or omission by Panacea. Panacea and the owners make no warranty or representations as to the availability, accuracy or completeness of the content and/or services, or any third-party content accessible via an internet link on the website. Neither Panacea nor any holding company, affiliate or subsidiary of Panacea or the owners, shall be held responsible for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the website or any functionality thereof, or of any linked website, even if Panacea is expressly advised thereof. Panacea does not accept any liability for the user’s use of the website and/or services on the website and the user warrants to Panacea that the user is authorized in terms of any applicable legislation to use the website and/or services offered on the website. Panacea may, without warning, terminate, change, suspend, or discontinue this website or any service or product offered on this website, including the availability of any features of this website, at any time. The user indemnifies Panacea for any loss of whatsoever nature caused by any failure or unavailability of any of Panacea’s or any third parties’ facilities or systems resulting in the inability to process any transaction or the destruction or accessing of your or any user’s data or equipment.

General terms of use: You may not use the website or the services offered on the website for any of the following purposes or in any of the following manners: to impersonate or harass any other person; to send any information that is or the disclosure of which would be abusive, threatening, false, fraudulent, misleading or obscene, or that misappropriates or infringes any person’s proprietary rights; that violates any persons right of privacy or publicity; to send messages that contain any sexual, racist, or discriminatory content constituting harassment of any individual or organization that constitutes or that violates any law, statute ordinance or regulation; to intercept any communications not intended for you; to release, post, distribute or execute any viruses or other harmful computer code; to transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any part; to engage in transmission of unsolicited mass distribution of messages or any similar conduct. Panacea shall not be obliged to ascertain or provide the identity of the sender of any messages or content. Should you believe that you have received abusive, improper or immoral messages or content, Panacea could, at its discretion, and only in circumstances and where it is able to, ascertain the identity of the sender or such other information, and provide such information to the recipient. Panacea supplies all goods and/or services to the user in good order. Panacea will not be held liable for the non-receipt of services and/or SMS’s at the user’s chosen delivery address. Orders placed on the website are non-refundable. Panacea reserves the right to, in its sole discretion, cancel an order or any unused SMS’s for which payment has already been received.

Access to the website and/or services on the website: Goods and services offered through this website by Panacea are strictly on an “as is” basis. Warranties and representations are hereby expressly excluded. When you register onto this website, you will have to select a logon name and password (“logon details”). The logon details that you select is your responsibility and Panacea suggests that you keep it in a safe place. As logon details gives you access to secure and confidential information on the website, it is important that you do not allow this information to fall into the hands of any third parties and/or unauthorised persons. Hyperlinks in these terms are part of these terms under section 11(3) of ECTA. Any hyperlinks which are not operational will not in any way detract from the validity and interpretation of these terms and conditions. Panacea shall use all reasonable endeavours to ensure that the website and/or services on the website are available 24 hours a day, 7 days a week. The user is responsible for obtaining all devices and services necessary to enable access to the website and/or services on the website and the use of such services. The user agrees to be bound to these terms and conditions in the event that it accesses the services on the website through any other means than the website. You must pay all charges upfront by purchasing credits. If you have no credits, you cannot use the website and/or services on the website. Once you have paid the upfront charges, you will only be able to use the website and/or the services on the website after a reasonable period to enable Panacea to add the credits to your account. Panacea reserved the right to change the price of any of the services offered on the website from to time. Such change in the price of the services offered on the website shall be applicable to all and any of the services used from the effective date of the price change.

Agreement in terms of section 21 of ECTA: The user shall be bound to these terms and conditions and such agreement is concluded in Cape Town in the Republic of South Africa at the time the user enters the Panacea web site for the first time or immediately after the user indicated consent as required in the terms and conditions. Data messages (as defined in ECTA) addressed by the User to Panacea shall only be deemed to have been received if and when responded to. Data messages addressed to the user by Panacea shall be deemed to be received by the user as detailed in section 23(b) of ECTA. Data messages addressed by the user to Panacea shall be deemed to have been created and send by the user from within the geographical boundaries of South Africa. Electronic signatures, encryption and/or authentication is not required for valid electronic communications between the user and Panacea.

Privacy, access to and use of information: Panacea receives various types of information (“the information”) from users who access the website, including personal information as detailed in the Promotion of Access to information Act (“PAIA”), Act 2 of 2000, and as detailed in s 1 of ECTA (hereinafter referred to “personal information”). Panacea may electronically collect, store and use personal information, including but not limited to names, contact details and email addresses. Panacea voluntarily subscribes to section 51 of ECTA and endeavors to treat personal information received by Panacea accordingly. Whenever the user is of the opinion that Panacea fails to comply with section 51 of ECTA, the user shall contact Panacea. Panacea will review the user’s representations made by email and, if within Panacea’s sole and absolute discretion is advisable, take corrective action, if any. Despite such undertaking, it is possible for internet-based communications to be intercepted. Without the use of encryption, the internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Panacea and the owners will not be responsible for any damages the user or any third party may suffer as a result of the transmission of confidential or disclosed information that the user makes to the owners and/or Panacea through the Internet and/or the website, or that you expressly or implicitly authorise Panacea and the owners to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and polices of Panacea, the user is urged to take care to read and understand the underlying privacy clauses incorporated in these terms and conditions:

Privacy: Casual surfing:

The user may visit the website without providing any personal information. The user accordingly hereby grants express written permission for the website servers in such instances collecting the IP address of the user computer and/or the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc. Panacea uses this information to determine use of the website, and to improve content thereon. Panacea assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Privacy: unsolicited information: If the user posts unsolicited content or other information (“the information”) to the website then the user grants to the owners and to Panacea a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media. The user grants to Panacea the right to use the name that the user submits in connection with such information, if they choose. The user warrants that the user owns or otherwise controls all of the rights to the information that the user posts; that the information is accurate; that by the supply of the information to Panacea and/or the owners, the user does not violate this policy and does not infringe the rights of any person or entity; and that the user indemnifies Panacea for all claims resulting from the receipt by Panacea and/or the owners of the information the user supplies to it. Panacea reserves the right, without any obligation, to monitor and edit or remove any information, where posted on the website. Panacea takes no responsibility, and assumes no liability for any information posted by the user, any third party or the owners.

Privacy: solicited information the user supplies to Panacea: Panacea requires certain personal information necessary to process transactions if the user requires any of Panacea’s products or services. Panacea receives and stores all information, including personal information which the user enters on the website or gives to Panacea, in any other way. The user may choose not to provide certain personal information, but that may limit the services or products that the user may wish to obtain from this Panacea. Panacea provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the user from the license below, the user hereby and when entering into the specific transactions in question expressly grants in writing to the owners and Panacea a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media for any purpose whatsoever. The user’s information that is required by affiliates and subsidiaries to give effect to transactions that the user chooses to enter into is shared with those entities.

Privacy: promotional information: Panacea aspires to be the most reliable and cost effective supplier of a comprehensive range of digital consulting services, including but not limited to mobile consulting and development, digital strategies, bulk SMS gateway, mobile billing solutions and online SMS campaign management software which necessitates Panacea providing information to the user regarding new services or special offers. In each instance, the user is provided an opportunity to opt-out of such information circulars. For more information, please email Panacea.

Privacy: business transfers: Panacea may enter into business arrangements whereby its member base is one of the more valued assets. In such an event, member information will be one of the transferable assets.

Privacy: lawful purposes: When Panacea is served with due legal process requiring the delivery of personal information, it has the legal duty to abide by that demand, and will do so. Panacea may also impart personal information if permitted or required to do so by law.

Privacy: surveys and statistical profiles: Panacea understands that efficiency and customer care translates to good service. Panacea may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Panacea will inform the user how the information gathered will be used, and will provide the user with the opportunity to opt-out from such surveys. Notwithstanding the foregoing, Panacea may choose to use personal information to compile profiles for statistical purposes and may chose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the user, by a third party.

Privacy: storage: personal information will be stored for as long as it is used and for a period of one year thereafter, together with a record of the personal information and the specific purposes it was collected for. Personal information may be destroyed once it has become obsolete but may be kept by Panacea.

Privacy: interception: Subject to the Regulation of Interception of Communications Act (“RIC”), Act no 70 of 2002, the user agrees that Panacea may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to Panacea, its employees, directors and agents. The user agrees that it’s/his/her consent satisfies the requirements of ECTA and RIC for consent in “writing” as defined.

Choice of Law: This website is controlled, operated and administered by Panacea from its offices as set out herein within the Republic of South Africa. Panacea makes no representation that the content is appropriate or available for use in any and/or all locations and/or countries. Access to the website from territories or countries where the content is illegal is prohibited. The user may not use this website in violation of South African export laws and regulations. If the user accesses this website from locations outside of South Africa, that user is responsible for compliance with all local laws. These terms and conditions shall be governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the High Court of South Africa, Western Cape High Court, Cape Town in the event of any dispute. If any of the provisions of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. These terms and conditions constitute the entire agreement between Panacea and the user with regard to the use of the content and this website and the services offered on this website.

Contact Details: In the event that you need to contact Panacea for purposes related to these terms and conditions, please contact Panacea via email.

These terms and conditions were last updated on the 9th April 2010.