LINK CONNECTIONS WEBSITE AND ONLINE SERVICES TERMS AND CONDITIONS
This document contains the terms and conditions for the use of LINK CONNECTIONS’s website and online services. By accessing any page on the LINK CONNECTIONS website or making use of any online services you agree to the following terms and conditions.
In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these terms and conditions are binding and enforceable against all persons that access the LINK CONNECTIONS web site or any part thereof or make use of any online services offered by LINK CONNECTIONS (Pty) Ltd or LINK CONNECTIONS Service Provider Company (Pty) Ltd.
If you do not agree with these terms and conditions you must leave the LINK CONNECTIONS web site and discontinue your use of the online services without delay, as further use will mean that you have accepted these terms and conditions and agree to these terms and conditions.
Important terms which may limit LINK CONNECTIONS’s responsibility or involve some risk for you may be in bold. You must pay special attention to these terms and conditions.
- DEFINITIONS AND INTERPRETATION
1.1. “The LINK CONNECTIONS website” means the LINK CONNECTIONS website owned and operated by LINK CONNECTIONS and located at
//www.linkconnections.co.za, including any page, part or element thereof;
1.2. “LINK CONNECTIONS” means LINK CONNECTIONS (Pty) Ltd;
1.3. “online services” means the LINK CONNECTIONS website and any other service offered by LINK CONNECTIONS through electronic means, including but not limited to electronic billing platforms, online portals, and interactive customer websites, and shall include the content and information provided or exchanged as part of such services;
1.4. “User / you or your” means any person who enters or uses the LINK CONNECTIONS web site or online services, notwithstanding the fact that such a person only visits the home page of the LINK CONNECTIONS web site or online service portals;
1.5. References herein to the singular include the plural and vice versa; and
1.6. Hyperlinks have been used in these terms and conditions. The fact that some or all of the
hyperlinks may be non-operational, shall not play a role in the determination of the validity and
interpretation of these terms and conditions.
- DISCLAIMER
2.1. Whilst every reasonable effort has been made by LINK CONNECTIONS, and its suppliers of content and information, to ensure the proper performance of the online services, the accuracy of the content, information and images and the reliability of the binary data on the online
services, LINK CONNECTIONS, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the services, content, information and/or images offered on the online services.
2.2. LINK CONNECTIONS makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the online services and the
online services are used at your own risk.
2.3. LINK CONNECTIONS does not warrant that the online services will meet your requirements, be
uninterrupted, complete, timely, secure or error free.
- INDEMNITIES AND LIMITATION OF LIABILITY
3.1. LINK CONNECTIONS shall not be liable to you or any third party, in any manner whatsoever, and you indemnify LINK CONNECTIONS accordingly, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from a breach of these terms
and conditions by you or arising out of or in connection with the failure or delay in the
performance of the online services or your use of the online services, other than in
respect of losses caused by LINK CONNECTIONS gross negligence or intentional misconduct.
3.2. LINK CONNECTIONS shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to the LINK CONNECTIONS network, termination of any licence to operate or use the LINK CONNECTIONS network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond LINK CONNECTIONS’s reasonable control.
- PERMITTED USE AND LICENSE
4.1. You agree and confirm that you are over the age of 18 years and are authorised to access,
make purchases or payments, and/or make changes to any account, personal information and
associated profile settings on any of the online services available to you.
4.2. In the event that you are not the account holder and/or are not authorised to make use of the
relevant online services, you declare that you have obtained the necessary consent for access
to and/or to make changes to the relevant accounts, personal information, profile settings, as
well as make purchases and payments.
4.3. It may be required of you to update your personal details to continue using certain functions of
the online services. You agree and confirm that you are the authorised person to use the details
that you are registering/logging-on with and the information provided to LINK CONNECTIONS is accurate and your own personal details. If the personal information provided to LINK CONNECTIONS is not your information or is incorrect, LINK CONNECTIONS will not be held liable in any way. If LINK CONNECTIONS establish that the intention of using incorrect and/or false personal information is to conduct fraud or malicious activities on this portal, you will be criminally prosecuted as per current legislation.
4.4. You are only permitted and may only use, access, browse, view, amend, download and print the
content and details of the online services for lawful and legal purposes.
4.5. You warrant that you shall not:
4.5.1. use the online services for commercial and non-private purposes; and
4.5.2. use the online services to receive or transmit material which is in violation of any law or
regulation, which is hate-speech, offensive, obscene, threatening, racist, defamatory, in
breach of confidence, or in breach of any intellectual property rights;
4.6. The caching of the online services shall only be allowed if:
4.6.1. the purpose of the caching is to make the onward transmission of the content from the
online services more efficient;
4.6.2. the cached content is not modified in any manner whatsoever;
4.6.3. the cached content is updated at least every 12 (twelve) hours; and
4.6.4. the cached content is removed or updated when so required by LINK CONNECTIONS.
4.7. If you use content from the online services in breach of these terms and conditions:
4.7.1. LINK CONNECTIONS reserves the right to claim damages from you;
4.7.2. LINK CONNECTIONS reserves the right to institute criminal proceedings against you; and
4.7.3. LINK CONNECTIONS shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by you or any third party who obtained any content from you.
4.8. Hyperlinks to the online services from any other source shall be directed at the home page of
the LINK CONNECTIONS web site. Links beyond the LINK CONNECTIONS website home page may only be used with LINK CONNECTIONS’s prior written consent.
4.9. Users may quote small and reasonable amounts of content available from the online services
only if such content is placed in inverted commas and the source acknowledged.
4.10. No person may, without the prior written consent of LINK CONNECTIONS, frame the online services in any manner whatsoever.
4.11. Apart from bona-fide search engine operators, no person may use or attempt to use any
technology or applications (including web crawlers, robots or web spiders) to search, collect or
copy content from the online services for any purposes, without the prior written consent of
LINK CONNECTIONS.
4.12. E-mail addresses, names, telephone numbers and fax numbers published on the online
services may not be incorporated into any database used for electronic marketing or similar
purposes. No permission is given or should be implied that information in/on the online services
may be used to communicate unsolicited communications to LINK CONNECTIONS and all of LINK CONNECTIONS’s rights are reserved.
4.13. All licenses and/or permissions granted in terms of these terms and conditions are provided on
a nonexclusive and non-transferable basis and may be terminated or cancelled by LINK CONNECTIONS at any time without prior notice or reason.
- PASSWORD/PIN FOR ACCESS TO ONLINE SERVICES
5.1. You agree that you will be responsible for the safekeeping of your password/PIN for access to
all online services and you accept all liability in the event that the password/PIN is disclosed to a
third party, whether intentional or unintentional. You agree that the disclosure of your
password/PIN is done at your own risk.
5.2. Furthermore, you acknowledge that you are responsible for ensuring that no unauthorised
access to the online services is obtained using your password/PIN, and that you will be liable for
all such activities conducted pursuant to such use, whether authorised or not.
5.3. You agree that if you disclose your password/PIN to a third party, the third party may have
access to your personal, account and billing information and agree that LINK CONNECTIONS shall not be liable in this regard.
- INTELLECTUAL PROPERTY RIGHTS
6.1. All intellectual property on the LINK CONNECTIONS web site and online services, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to LINK CONNECTIONS and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these terms and conditions, all of the rights to intellectual property on the LINK CONNECTIONS website and online services are expressly reserved.
- SOFTWARE AND EQUIPMENT
7.1. It is the responsibility of the User to acquire and maintain, at his/her own expense, the
necessary computer hardware, software, communication lines and Internet access accounts
required to access the Internet and the online services and/or download content from the LINK CONNECTIONS web site and the online services.
- PRIVACY STATEMENT
8.1. LINK CONNECTIONS shall take all reasonable steps to protect the personal information of Users and is committed to respecting the privacy of your personal information. For the purpose of these
terms and conditions, “personal information” shall be defined as detailed in the Protection of
Personal Information Act, 2013.
8.2. As and when necessary, LINK CONNECTIONS may electronically collect, store, disclose and/or use the following of your personal information:
8.2.1. name and surname;
8.2.2. contact numbers;
8.2.3. non-personal browsing habits and click patterns;
8.2.4. e-mail address;
8.2.5. IP address;
8.2.6. geographical location;
8.2.7. account details; and/or
8.2.8. username and password (required for access to personal information pages).
8.3. LINK CONNECTIONS collects stores and uses the abovementioned information in order for LINK CONNECTIONS to:
8.3.1. communicate requested information to you;
8.3.2. respond to queries, responses or complaints submitted by you;
8.3.3. process orders or applications for LINK CONNECTIONS products and/or services;
8.3.4. create products or services that may meet your future requirements;
8.3.5. provide you with access to restricted pages on the LINK CONNECTIONS web site; and
8.3.6. compile non-personal statistical information about browsing habits, click-patterns and
access to the online services.
8.4. Personal information detailed above is collected and/or stored either electronically by the use of
“cookies” or is provided voluntarily with your knowledge and consent. You can determine any
use of cookies through your browser settings, but note that turning off cookies may cause
certain features of the online services or LINK CONNECTIONS website to be unavailable to you.
8.5. LINK CONNECTIONS may further collect non-personal information, for example, your IP address, the date and time of your visits to the LINK CONNECTIONS website, and browser history, to recognise you during any subsequent visits to the LINK CONNECTIONS website and/or use of the online services. LINK CONNECTIONS may further use this non-personal information to develop future products and/or services to meet your requirements and needs.
8.6. LINK CONNECTIONS owns and retains all rights to non-personal statistical information collected and compiled
by LINK CONNECTIONS.
8.7. As and when necessary, LINK CONNECTIONS may use and/or disclose your personal information
collected:
8.7.1. in order to comply with legal and regulatory requirements and applicable laws;
8.7.2. to either credit grantors and/or credit bureaux and/or banks and/or other financial
institutions in order to ascertain information relating to your creditworthiness and
for fraud prevention purposes and in order to process any payment transactions
where necessary;
8.7.3. to attorneys and/or debt collection agencies if you breach any agreements with
LINK CONNECTIONS;
8.7.4. to LINK CONNECTIONS’s agents and/or consultants and/or trade partners, but only to the extent necessary and in order to provide LINK CONNECTIONS products, services and the online services to you;
8.7.5. to consumer research companies for the purposes of conducting research on
improving LINK CONNECTIONS products, services and the online services;
8.7.6. for the purposes of us publishing a directory containing the name, address, details
and the applicable cellphone number of LINK CONNECTIONS subscribers; and
8.7.7. for the purposes of LINK CONNECTIONS informing or sending information to you about any new services or products offered by LINK CONNECTIONS and/or by any of LINK CONNECTIONS’s agents and/or consultants and/or trade partners which we consider may be of interest to you.
LINK CONNECTIONS will comply with the direct marketing provisions of the Consumer Protection
Act, 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to
the direct marketing registry.
8.8. By using the online services and the LINK CONNECTIONS website you understand that LINK CONNECTIONS may, where necessary and where permitted by law, monitor your calls, e-mails or SMS’s for business purposes, including for purposes of quality control, training, marketing and improving the online services. LINK CONNECTIONS agrees that it will not disclose any personal information that could be used to identify you.
8.9. LINK CONNECTIONS reserves the right to amend this privacy statement if required to do so due to a change in any personal information or privacy laws.
- HYPERLINKS TO THIRD PARTY SITES
9.1. In the event that the online services contain hyperlinks to third party sites not controlled by
LINK CONNECTIONS (“target sites”), LINK CONNECTIONS is not responsible for the content of, or the services offered by those sites. The hyperlink(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by LINK CONNECTIONS of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk LINK CONNECTIONS recommends that you check the policy of the target sites if you have any concerns or questions.
9.2. LINK CONNECTIONS shall not be liable, in any manner whatsoever, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from the
use and access to target sites and the content on such target sites. Persons that wish to
link to content beyond the home page of the LINK CONNECTIONS website and/or online services
without LINK CONNECTIONS’s prior written consent shall do so at their own risk and indemnify LINK CONNECTIONS against any loss, liability or damage that may result from the use of content from the
LINK CONNECTIONS website and online services, if such content was accessed through a hyperlink not directed at the home page of the LINK CONNECTIONS website and/or online services. LINK CONNECTIONS’s non liability for deep linking is based on the fact that deep links bypass these terms and conditions.
- SECURITY
10.1. LINK CONNECTIONS shall take all reasonable steps to secure the content of the online services and the information provided by and collected from Users from unauthorised access and/or disclosure, however, LINK CONNECTIONS makes no warranties or representations in this regard.
10.2. While LINK CONNECTIONS has implemented appropriate and reasonable security technologies and practices, please be aware that internet communications are insecure unless they have
been encrypted and/or appropriate security safeguards implemented. Accordingly,
LINK CONNECTIONS assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond LINK CONNECTIONS’s control.
- DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA
11.1. Access to the services, content, software and downloads available from the online services may
be classified as “electronic transactions” as defined in terms of ECTA and you therefore may
have the rights detailed in ECTA. Accordingly, LINK CONNECTIONS provides the following information:
11.1.1. The full name and legal status of the online services owner: LINK CONNECTIONS (Pty) Ltd;
11.1.2. Street address: MUST BE COMPLETED;
11.1.3. Postal address: MUST BE COMPLETED;
11.1.4. Physical address for receipt of legal service: MUST BE COMPLETED;
11.1.5. Main business: LINK CONNECTIONS is an electronic communications provider.
11.1.6. The web site address of the LINK CONNECTIONS web site is: www.linkconnections.co.za;
11.1.7. The official e-mail address of the LINK CONNECTIONS web site is: support@linkconnections.co.za;
11.1.8. Access to and use of the LINK CONNECTIONS web site is provided free of charge;
11.1.9. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding
access to online services; the inability to access the online services; the services and
content available from the online services; or these terms and conditions, shall be referred
to LINK CONNECTIONS ;
11.1.10. You may return goods or services as detailed in ECTA, the Consumer Protection Act and
LINK CONNECTIONS’s policies; and
11.1.11. Users may lodge complaints concerning the online services with LINK CONNECTIONS at
support@linkconnections.co.za
- CHANGES AND AMENDMENTS
12.1. To the extent permitted by law, LINK CONNECTIONS reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
12.1.1. change these terms and conditions;
12.1.2. change the content and/or services available from the online services;
12.1.3. alter and/or discontinue any aspect of the online services; and/or
12.1.4. change the software and hardware required to access and use the online services.
12.2. The amended versions of the terms and conditions and online services will be displayed in the
same media as these terms and conditions. By continuing to use the online services, you agree
and understand that you will be bound by the amended terms and conditions.
- DURATION
13.1 This Agreement shall commence on the Commencement Date, and, unless terminated in
accordance with any other provision of this Agreement, shall endure for the Initial Period and thereafter
indefinitely until terminated by either Party by giving the other Party 30 days(Calendar) on a Month-to-
Month contract, and 90 days(Calendar) on 12(twelve months) and 24(twenty-four month) written notice of termination.
13.2 Subject to any written notice by LINK CONNECTIONS to the contrary, each additional service (if
any) provisioned to the Subscriber after the Commencement Date shall be subject to the provisions of
this Agreement, save that in respect of each such service, this Agreement and the Initial Period shall
commence on the date of activation of such service (the “Deemed Commencement Date”) and, subject to
any other lawful termination thereof this Agreement shall remain binding on the Parties in respect of
such service until terminated by either Party in terms of clause 2.1 after the expiry of the Initial Period as
calculated from the Deemed Commencement Date.