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.
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 (Pty) Ltd, trading as Panacea Mobile (hereinafter referred to as “Panacea”), a (Pty) Ltd compnay duly registered in accordance with the companies laws of the Republic of South Africa with registration number: 2012/158791/07, with its registered address at 153 Loop Street, City Centre, Cape Town South Africa.
Panaceas’s website is www.panaceamobile.com and its email address is email@example.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 firstname.lastname@example.org 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 info@ panaceamobile.com.
Panacea Mobile reserves the right to reject the registration of an account or suspend an account for any of the following reasons:
- The account has been or has attempted to register with a disposable email address, such as but not limited to yopmail.com, 10MinuteMail.com or rtrtr.com.
- Multiple accounts have been registered by the same person without the first account having completed a payment.
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.
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.
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.
SERVICES AND FEES
In this section the following terms shall have the following meanings:
“Communications” means a data message between Yourself and a Network that is transmitted by Panacea;
“Fees” means the fees and charges to be paid to Panacea in respect of the Services rendered to You;
“Network” means a mobile cellular network service provider designated for purposes of delivery of the Services;
“Services” means the Communication related services offered by Panacea in conjunction with the Networks (as may be specified on this website) made available to You by Panacea pursuant to your usage of such Services;
“Subscriber” means a subscriber to a Network that receives or sends Communications to You via the Services;
“Subscriber Charges” means the charges that may be applied to Subscribers by a Network to transmit Communications pursuant to a Service rendered, and;
“UserID” means the mechanisms used by Panacea to grant access to the and that are issued to You by Panacea that remain valid and have not expired or been deactivated by Panacea.
Panacea offers Services to You as may be set out on this website. Your use of this website and Services are inter alia subject to these terms and conditions. By electing to make use of the Services and/or this website You agree to be bound by these terms and conditions.
Should You make use of the Services You shall be liable at all relevant times to make payment to Panacea of Fees for usage of such Services. Fees applicable to the Services shall be stipulated by Panacea and failing such stipulation such Fees shall be charged to yourself at Panacea’s standard prevailing rates applicable to such Services and the standard bearer fees charged by the applicable Network for Your Communications over the particular Services. In addition, Subscriber Charges may be charged to Subscribers by the Networks for participating in the Services at applicable rates.
Panacea may increase the Fee rates, at any time without notice to the Yourself, and in accordance with any additional and/or unexpected price increases and/ or increases in the Consumer Price Index and/or additional costs and/or charges Panacea may incur from either Regulators and/or Networks and/or other third parties, from time to time, provided that Fee rates will not be increased by a higher percentage than the percentage increase made by Panacea generally offered to its clients similar to You.
Fees shall exclude all taxes, duties, tariffs, rates, levies and other governmental charges payable in respect of the rendering of the Services, which shall be payable by Yourself in addition, whether directly to the appropriate taxing authority or by reimbursing Panacea.
Amounts invoiced to Yourself by Panacea shall be payable within 30 (thirty) days by way of debit order, direct deposit or electronic transfer into Panacea’s bank account. You may not withhold or defer payment of any amount owing to Panacea and payments which are not received when payable shall bear interest at the prime rate of interest charged by Panacea’s bankers at which the its bank account is held.
Panacea reserves the right to limit, alter, suspend and/or terminate Your access to the Panacea Services for (i) non-payment of any amount and/or invoice that is due, owing and/or payable ;(ii) if such Services are used unlawfully or in an abusive, infringing or harmful manner; (ii) if the Services are not available via the relevant Network; (iv) if Your usage of the Services detrimentally impacts on the integrity or functioning of the Panacea Services, and/or; (v) if these terms are breached by Yourself.
Should your account for usage of the Services be in arrears and Panacea, in its sole and absolute discretion, elects to recover same from You, You shall be liable for payment to Panacea of any and all interest on the outstanding amount and/or any and all costs incurred by Panacea associated with such recovery, including but not limited to, attorney and own client costs.
You shall at all relevant times be responsible for any and all activity on your account. You will ensure that any UserID issued to You to enable access to the Services is kept confidential and is not made known to or used by unauthorised persons or any other third party. You shall be responsible for all Communications submitted using the UserIDs issued to You and may not permit the access and/or use of a Service by any third party save with the express authorisation of Panacea in writing.
All Panacea’s rights are hereby expressly reserved to the full extent of the law.
In the event that you need to contact Panacea for purposes related to these terms and conditions, please contact Panacea via email at email@example.com.
These terms and conditions were last updated on the 3rd of November 2014.