Terms of Use

Legal Documentation

 

IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEB SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS SITE THE USER AGREES AND IS DEEMED TO HAVE AGREED TO OBSERVE ALL TERMS & CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEB SITE.

Definitions

  • “web site owner” and/or “we” means Frogfoot Networks (Pty) Ltd., a company with limited liability duly registered under the companies laws of the Republic of South Africa (“Frogfoot”)
  • “user” means any person accessing any part of the web site
  • “consumer” means any natural person (not a company, CC, trust etc) who enters or intends entering into an electronic transaction with this site as the end-user of the goods or services offered by this site
  • “this web site” means www.frogfoot.com and all sub pages thereof excluding links to external sites
  • “ECT Act” means the Electronic Communications & Transactions Act 25 of 2002
  • “personal information” is as defined in the Promotion of Access to Information Act of South Africa, No 2 of 2000 (“PAIA”)

Use of this Site

1. The website offers information on Frogfoot, its services and products.

2. Use of this web site is strictly at the sole risk of the user.

3. Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this web site for personal and non-commercial use.

4. Users wishing to utilise content for their own commercial purposes may only do so with the prior written permission of the web site owner. Requests for commercial use may be submitted by contacting Frogfoot. The granting or refusing of permission is completely within the discretion of the web site owner, and may be conditional.

5. Any use of the content or any other part of this web site, including any content sent to users, must be clearly accompanied by the following: “© Frogfoot Networks (Pty) Ltd. 2000-2008. All rights reserved”.

6. Frogfoot may, in its sole discretion, amend these terms and conditions from time to time at which time the new terms and conditions will immediately come into effect in respect of further usage.

Amendments to Content and Information

7. The web site owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information, including pricing and rates, set out in this web site.

8. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration affected.

Owner Information & Required Disclosures under Section 43 of the ECT Act

Web site owner: Frogfoot Networks (Pty) Ltd.
Registered Number: 2006/011693/07
VAT Number: 4610189278
Directors: A. Van der Merwe, J. Botha, H. Van der Merwe

9. Please submit any query in respect of these Terms & Conditions or the use of this
web site to us in any of the following ways:

Cape Town Office: +27 21 689 3867
Cape Town Fax: +27 21 689 3862
Web site: http://www.frogfoot.com/contact/

Physical Address:
Suite 20-102D, Building 20, The Waverley Business Park, Kotzee Road, Mowbray, Cape Town, South Africa

Postal Address:
P.O. Box 23618, Claremont, Cape Town, South Africa, 7735

The web site owner is a member of the following industry representative bodies and subscribes to their respective Codes of Conduct:

• The Internet Service Providers Association (ISPA) – for further information about ISPA please visit: www.ispa.org.za

• The Wireless Access Providers Association (WAPA) – for further information about WAPA please visit: www.wapa.org.za

The ISPA and WAPA Codes of Conduct can be obtained from their websites.

No Offer

10. Users should regard nothing contained in this web site as an offer but rather as an invitation to do business.

Disclaimers

11. THIS ENTIRE WEB SITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE WEB SITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEB SITE OR THE INFORMATION CONTAINED IN IT.

12. Subject to Chapter 7 of the ECT Act, the web site owner, its officers, employees, suppliers, ISPs, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this web site.

13. Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, the web site owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner.

14. The web site owner has no control over third party content and features which can be accessed through the use of this web site and does not examine or edit such content and features or act as an agent for third parties accessible through this web site. As such and to the fullest possible extent permissible under law the web site owner disclaims any liability whatsoever for any loss or damage arising from the use of third party web sites, contents and features.

Indemnity

15. USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE WEB SITE OWNER, ITS OFFICERS, EMPLOYEES, ISPs, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USERS USE OF THIS WEB SITE, THIRD PARTY WEB SITES OR ANY OF THE SERVICES OFFERED THROUGH SUCH SITES IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE PROVISION OF CONTENT.

Consumer Rights & Security

16. Consumer rights in respect of online transactions are set out in Chapter 7 of the ECT Act. A copy of the Act is available from http://www.internet.org.za/ect_act.html.

17. Under section 42(1)(g) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply to an electronic transaction where audio or video recordings or computer software were unsealed by the consumer.

18. Under section 42(1)(d) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply in respect of services which began with the consumer’s consent before the end of the seven-day period referred to in section 44(1).

19. Under section 42(1)(f) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply where the goods:

a. are made to the consumer’s specifications;

b. are clearly personalised;

c. by reason of their nature cannot be returned; or

d. are likely to deteriorate or expire rapidly.

20. Under sections 43(1) and (2) of the ECT Act the web site owner is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that the web site owner has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction.

21. Where a transaction has been so cancelled then:

a. The consumer must return the performance of the supplier and/or immediately cease using the services performed; and

b. The supplier must refund all payments made by the consumer less the direct cost of returning the goods, if any.

22. Under section 43(5) of the ECT Act the supplier must utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.

a. This web site does not store any user credit card information. At no stage is credit card information stored together with user personal information.

b. Transactions are processed through the Paygate payment gateway using industry standard SSL. Paygate is the approved payment gateway for Standard Bank of South Africa.

c. Paygate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) to ensure that all credit card details are sent encrypted to our merchant server. SSL encrypts information and makes it impossible for anyone to read this information while it is in transit.

d. For more information on Paygate, and to view their security certificate and security policy, visit www.paygate.co.za

23. Under section 43(6) of the ECT Act the supplier will be liable for any damage suffered by a consumer as a result of the failure to comply with section 43(5).

24. Users may obtain the details of their transactions on this site by clicking here and specifying full details of the transaction in question.

25. Frogfoot is registered for VAT and prices reflected on this web site are inclusive of VAT.

Payment

26. Payment may be made by EFT, debit order or credit card – this website accepts both MasterCard and VISA.

27. The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).

Delivery & Availability

28. Delivery times are indicated in the purchase and check-out process or communicated by our sales staff.

29. In the event that a certain product or service not being available we will immediately inform the affected consumer and refund any payments made within 30 days of so informing the consumer.

30. Consumers’ attention is drawn to section 46 of the ECT Act which requires a supplier to a consumer to execute and order within 30 days of receipt of the order, unless the parties have agreed otherwise. If the order is not executed within this period and where there is no agreement in place, the consumer may cancel the agreement on 7 days written notice.

Return and Refunds Policy

31. The provision of goods and services by Frogfoot Networks is subject to availability. In cases of unavailability, Frogfoot Networks will refund the client in full within 30 days. Cancellation of orders by the client will attract a 15 % administration fee. All hardware products have a 6 Month guarantee unless stated otherwise for the specific product.

Registration

32. When signing up, users agree that:

a. they will be irrevocably bound by the terms and conditions applicable to the use of this web site

b. they will provide full and accurate information

c. it is the user’s responsibility to check and update information pertaining to their user account

d. on registration they will provide a username and password

e. registration is for a single user and a subscriber’s username and password cannot be shared with any other person

f. a single username and password cannot be used to allow multiple access to other users over a network

33. Registered users and users further undertake not to

a. impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications

b. modify, access or make available any data stored on a computer device which has been accessed through the web site owner’s network

c. make available or upload files that contain software or any other material not owned or licensed to the subscriber

d. make use of the web site to collect, harvest or otherwise obtain personal information relating to other users or subscribers.

Receipt of Data Messages

34. Data messages, including email messages, sent by users to the web site owner shall be deemed to be received only when acknowledged or responded to.

35. A data messages sent by the web site owner to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

36. The web site owner reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such email where necessary.

Monitoring and Interception of Data Messages

37. In order to provide a relevant and secure service, and where required to do so under law, the web site owner may monitor and/or intercept electronic communications such as email which are sent to this web site. To the full extent necessary under law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.

Security

38. While we take all reasonable security precautions and subject to, no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site.

39. The following acts in connection with this web site are expressly prohibited:

a. Gaining or attempting to gain unauthorised access to any web page or part of this web site;

b. Delivering or attempting to deliver any unauthorised or malicious code or content to this web site; and/or

c. Any amendment to or attempt to amend any of the content or any other part of this web site by unauthorised persons.

40. We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this web site or attempts to gain unauthorized access to any page on or part of this web site.

Copyright and Intellectual Property protection

41. Copyright in all information, images, source codes and other original material contained in this web site which is not attributed to a third party, is held by or licensed to the web site owner. THE WEB SITE OWNER ASSERTS AND RESERVES ALL ITS RIGHTS, INCLUDING MORAL RIGHTS, IN THIS REGARD.

42. The web site owner grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information on any machine of which the user is the primary user for non-commercial purposes only.

43. If you believe that this site in any way infringes a third party copyright or other intellectual property right please contact us specifying the full details of the alleged infringement.

Privacy and Confidentiality of Communications

44. Further information regarding the manner in which we respect the privacy of users’ personal information is contained in our Privacy Policy.

45. The web site owner may monitor and intercept communications made through his web site in order to promote the secure and efficient operation of the web site. Users irrevocably agree that they consent to such interception and monitoring as may be reasonably carried out by the web site owner.

Advertising and Sponsorship

46. This web site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this web site complies with all applicable laws and regulations.

47. The web site owner accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

Automated Searching

48. Automated transactions and searches are subject to these terms and conditions.

49. The use of malicious search technology is prohibited.

50. The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.

51. Search technology which does not unduly retard the operation of this web site is acceptable but the web site owner reserves the right to prohibit any specific entity from employing search technology on the web site.

Hyperlinks, Deep Links & Framing

52. Permission to link to this web site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this web site at any time and for any reason.

53. Hyperlinks and/or advertisements contained on this web site and directed towards other web sites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. This web site in no manner controls or edits the content of sites or pages linked to, and disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to web site.

54. Use of the sites or pages linked to is accordingly exclusively at the risk of the user.

55. The express permission in writing of the web site owner, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site is framed. Requests for permission can be submitted through our contact page.

Termination of this agreement

56. The web site owner reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this web site and/or to terminate the access rights of any user where, for example and without limitation:

a. The web site owner regards the action or inaction of a user to constitute a breach of these terms and conditions;

b. The web site owner regards the action or inaction of a user to constitute abuse of the services offered through this web site.

c. Events beyond the reasonable control of the web site owner, including technical failures, prevent the continuing provision of the web site.

Law Governing this Agreement

57. The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.

58. This web site is owned, hosted and maintained within the Republic of South Africa.

59. When using this site and agreeing to these Terms and Conditions such use and agreement is deemed to have taken place in Cape Town, South Africa.

60. Users of this web site are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 of 2002.

Consent to Jurisdiction & Costs

61. The user consents to the jurisdiction of the Magistrate’s Court having jurisdiction in terms of section 28 of the Magistrate’s Court Act as amended in respect of any dispute flowing from the use of this web site, notwithstanding the fact that the amount of the claim may exceed the jurisdiction of such Court.

62. Notwithstanding the above the web site owner may, in its own discretion, elect to proceed with any claim, application or action in the High Court of the Republic of South Africa, Cape of Good Hope Division and, to the extent necessary, the user accepts such jurisdiction.

63. The user agrees that it will be liable for the legal costs, including tracing fees, on the scale as between attorney and client in respect of any legal proceedings commenced by the website owner as a result of any breach of these terms and conditions or any additional terms and conditions contained on this website.

Amendment of the Terms and Conditions of this Agreement

64. Please note that, due to legal and other developments, we may be required to amend these Terms and Conditions of Use from time to time. Please refer to the last revision date at the foot of this page.

65. We will attempt to give notice of any amendments, but reserve the right to effect binding amendments, additions or deletions without notice.

Enforceability of this Agreement

66. Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this site.

67. In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this Agreement.

68. These Terms of Use contain the record of the entire agreement between the user and the web site owner.

69. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Date of Last Review: 6 August 2008