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Terms and Conditions
1. Definitions
1.1 In these terms and conditions the following words shall bear the meanings below:
1.1.1 "contact details"-your name ,address, e-mail address and telephone numbers which you have provided to us ;
1.1.2 "cookies"-a piece of information that is deposited by our computer server when you visit our website which
is stored on your computer's hard drive by your web browser;
1.1.3 "parties"-all the parties to this agreement , and a reference to "party" encompasses a reference to each
party individually;
1.1.4 "services"- the "miMUSIC" service , available on the website and via a mobile phone;
1.1.5 "users"-the user of the services collectively ;
1.1.6 "user information"-the contact details and other personal information furnished by the user ;
1.1.7 "you/your"- the user or the visitor to the site;
1.1.8 "we/us/our"- Cellfind (Pty) Ltd and any associated company or subsidiary , including but not limited
to all other members of Cellfind (Pty) Ltd and where appropriate any suppliers;
2. Conditions of access
2.1 We grant you access to the website on the terms and conditions of this agreement. In agreeing to accept
these terms and conditions you acknowledge, accept and agree to our use of your user information
subject to the provisions of clause 10.
2.2 You agree that you have been given the opportunity to read and accept these terms and conditions before
using any of the services offered. Should you not want to receive the services kindly do not complete the
registration forms.
2.3 If you are under the age of 18(eighteen) then your parent or guardian should read and accept these
terms and conditions before you access this website.
2.4 If you do not wish to be bound by these terms and conditions you may not access or use the services.
2.5 By signing up to the services you agree that we may send you e-mails, call you or send information to
your mobile phone via SMS messages.
3. Duration
3.1 This agreement will commence on using and /or registering to our website and shall endure for as long as
you are registered to/or using the website.
3.2 You acknowledge that should you fail to use the services or any part thereof at least once during a
consecutive 90 day period we may terminate your account without any notice.
4. Disclaimer of warranties and limitation of liabilities
4.1 The services are provided on an "as is" and "as available" basis and we make no warranties or representations,
whether express or implied, in relation to the services offered.
4.2 We make no warranty that the company or the services will meet your requirements or will be uninterrupted,
timely, secure or error-free.
4.3 We give no warranty as to the results or the accuracy of any information obtained through the services.
4.4 You use the services entirely at your own risk.
4.5 We exclude all liability for the transmission or reception of the information accessed by you using the service.
4.6 We shall not be liable in contract, negligence or otherwise to you or any third party for any loss or damage
whatsoever suffered by you however so arising from or in way related with your use of the services.
5. Indemnity
5.1 You hereby unconditionally and irrevocably indemnify us from all loss, damages, claims and / or costs, of
whatsoever nature suffered or incurred by us or instituted against us as a direct or indirect result of your
use of the website and or arising out of any breach of this terms and conditions by you or any person who
may have been authorized by you and or due to the unavailability of or the interruption of the website and
or services.
6. Warranties
6.1 You hereby warrant to us that :
6.1.1 You are 18 years old or over ; and / or you have the permission of your parent or guardian;
6.1.2 The user information that you have provided is true , correct and complete ;
6.1.3 You will notify us of any changes to the user information ;
6.1.4 You will use your user name and password for your own personal use only ;
6.1.5 You will not disclose your user name and password to any other person for any reason whatsoever and will
maintain the confidentiality thereof;
6.1.6 In the event that your password is compromised , you will notify us immediately and change your password ;
6.1.7 You are responsible for procuring the necessary equipment to access and use the services.
6.1.8 You will not engage in any abuse of e-mail or spamming, sending chain letters and or mail bombs;
6.1.9 You will use the services in accordance with the applicable laws;
6.1.10 You will not cancel any registration other than your own ;
6.1.11 You acknowledge that we may change the terms and conditions from time to time .Your continued use of the
services shall constitute your acceptance of the amended terms and conditions .Your failure to accept the
changes will result in the termination of your account;
7. Hyperlinks
7.1 We may provide hyperlinks on our website to other websites or resources. You acknowledge and agree that
we are not responsible for the availability of such external websites or resources, and do not endorse and
are not responsible or liable for any content , advertising , products or other materials on or available
from such websites or resources. You agree that we will not be responsible or liable, directly or indirectly,
for any damage or loss caused, or alleged to be caused, by or in connection with the use of or the reliance
on any such content, goods or services available on such external website or resources.
8. Service availability ,delivery and incompatibility
8.1 We will use reasonable endeavours to make the service available to you and to provide the highest level
of customer service at all times. However, we shall not be held responsible for factors beyond our control,
which may effect the delivery of the services and shall not be liable in respect of any loss or damage
caused by or arising from the unavailability of the service including but not limited to damage to your
mobile phone or loss of data .
8.2 You are required to confirm with your mobile service provider and or mobile phone company that your
mobile phone is compatible and able to receive the services.
8.3 The services are charged at a rate posted in marketing material and/or on the website. You will be
charged irrespective of whether you receive the services.
9. Intellectual Property and Right to use
9.1 You Acknowledge and agree that all content ,including but not limited to text, software , music ,
sound photographs , graphics , images , videos , audio clips etc presented to you through the services
or advertisers site whether in whole or in part is protected by copyrights , trademarks , patents, and
or other proprietary rights and laws and is owned by us or licensed to us or our licensors.
9.2 The material and content contained within the services is for your personal use only and you agree not
to (and agree not to assist or facilitate any third party to)modify , copy , reproduce , republish ,
frame , upload to a third party , post , transmit , distribute , commercially exploit or create
derivative works of such material and content whether in whole or in part belonging to the company or
any third party proprietary rights and intellectual property except as provided for on the website or
expressly authorized in writing by the company . All rights are reserved.
10. Privacy
10.1 We respect your privacy and are committed to protecting it.
10.2 We recognize your need for appropriate protection of you personal information.
10.3 You can browse the website and use the services without disclosing your identity.
10.4 You acknowledge that we may use your user information to send relevant advertising material to you.
10.5 We protect your information from outside parties by establishing appropriate physical, electronic and
managerial procedures to safeguard the user information we collect from you.
10.6 Every time you connect to our website we store web server logs which show your IP address .The use of
this data is strictly for statistical purposes, trend analysis and personalization purposes.
10.7 You acknowledge that in the interest of improving service efficiency, we may, under controlled and
secure circumstances, share your user information with some affiliated companies.
10.8 We reserve the right to access and disclose your personal data, without first notifying you, to
comply with applicable laws and or if we are requested by police, regulatory or government authority
investigating suspected illegal activities.
10.9 We reserve the right in our reasonable discretion and without prior notice to you to disclose details
of your use of the services to a person who makes a complaint or allegation in connection with your use
whether or not we are named as a party or witness in any threatened or pending legal proceedings.
10.10 When you revisit the website, our computer server will recognize the cookies, giving us information
about your last visit. You can alter the settings of your browser to prevent automatic acceptance.
10.11 You may update personal information at any time by using the personal profile page.
10.12 If you have any questions or comments about of privacy issues, or if you have a complaint about how
we are using our data or wish to be deleted from our database then send an e-mail to us at info@cellfind.co.za. D
ue to possible delays you may still receive promotional material from us up to two months of your e-mail.
11. Costs
11.1 Cellfind will debit the agreed product subscription amount at the agreed intervals. Published product
pricing will be available at www.miMUSIC.co.za.
11.2 Periodical access charge will be raised against the subscribers account immediately for the current
period and in advance thereafter.
11.3 Should charges not be honored by the subscriber due to insufficient funds, Cellfind will resubmit
any such charge in accordance with exiting regulation and guidelines and in the event that subscription
charges cannot be recovered the service will be deactivated.
11.4 All additional non subscription fees will be raised per transaction when processed.
11.5 Purchased credits will apply to current billing period only and will not be transferred.
11.6 Fixed amount of credits will be allowed per subscription. Any downloads in addition to periodical allocation
will be charged at the published rate. Published download pricing will be available at www.miMUSIC.co.za.
12. Breach
Should you be in breach of any provision of this agreement, then we shall be entitled without prejudice to
any other rights we may have and without further notice to you forthwith:
12.1 Terminate your account (including your username and password);
12.2 Delete any e-mail or other communication address issued to you by us, delete web space and other data
stored on the services by you or on your behalf;
13. General
13.1 The parties acknowledge and agree that this agreement constitutes the whole agreement between the parties.
Neither party shall be bound by any express, tacit or implied term, representation, warranty, promise or the
like not recorded herein.
13.2 No Party shall be bound by any express or implied terms, representations, warranty not recorded herein.
13.3 Each clause of these terms and conditions is severable , the one from the other and if any one or more
clauses are found to be invalid or unenforceable , that clause/ clauses shall not affect the balance of these
terms and conditions, which shall remain in full force and effect.
13.4 Any condonation of any breach of any of the provisions hereof or other action or relaxation , indulgence
or grace on the part of us shall not in any way operate as a waiver by us of any rights under this agreement or
to be construed as a novation thereof.
14. Domicilium citandi et executandi
14.1 The parties choose their respective domicilium citandi et executandi for the purpose of giving any notice ,
the serving of any process and for any purpose arising out of this agreement as follows:
14.1.1 Content Connect Africa (Pty) Ltd:
14.1.2 You: the address provide by you in your user information.
14.2 You agree that any notice which we are required to give you regarding the services shall be made via SMS
or e-mail and shall be deemed to be received by you.
15. Security
15.1 You agree that you will not utilise this website in any manner which may compromise the security of
the website and or tamper with this website in any manner whatsoever.
15.2 We reserve our right to take any action necessary to preserve the security and reliability of its website.
16. Jurisdiction
16.1 You hereby consent to the jurisdiction of the Magistrates court in the Republic of South Africa in
respect of any proceeding arising out of this agreement however we are entitled to institute such proceedings
in the High Court of South Africa.
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