Legal Notice and Disclaimer
Your access to and continued use of EasyPay at www.easypay.co.za (the "Site") constitutes your acceptance of and compliance with the following provisions. If you have not already done so, please take some time to familiarise yourself with these provisions. If you do not agree to these terms and conditions, you should immediately discontinue use of this Site. Also note that these terms and conditions may change from time to time and it is your responsibility to check for such updates. The last revision date for these terms and conditions is set forth below.
Last revised: 28 March 2001
(a) Reserved Rights and Grant of Limited Licence
(b) No Solicitation
- Copyright © 2001 Prism Holdings Limited ("Prism"). All rights reserved. Prism either owns the intellectual property rights, including copyright, or has acquired the necessary licences, in the information, including all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the Site (collectively the "Information").
- As a user of the Site, you are granted a limited licence to access and to use (display or print) short extracts of the Information for your own personal non-commercial use only, provided the Information is not modified and you shall be fully responsible for any consequences resulting from such use. Any other use of the Information is prohibited. None of the Information may be otherwise reproduced, republished, re-disseminated, downloaded (other than page caching), modified in any manner or form without the express prior written consent of Prism.
- You may not use any meta tags or any other "hidden text" utilising Prism's name, logos or trademarks without the express written consent of Prism. Any unauthorized use terminates the permission or licence granted by Prism in terms hereof.
- Prism will take appropriate legal action to enforce its rights.
(c) No Endorsement
- No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.
- Any products or services mentioned on the Site are made available in accordance with local law and only where they may be lawfully offered for sale.
(d) No Advice or Warranties
- The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than Prism, and Prism does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites, Prism is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.
- A link to another site should not be construed to mean that Prism is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.
- The mention of another party or its product or service on the Site should not be construed as an endorsement by Prism of that party or its product or service.
(e) No Liability
- The Information on the Site including, but not limited to, newsletters, articles, opinions and views, is provided for educational or information purposes only. It is not intended to provide legal, accounting or tax advice and should not be relied upon in that respect. You should not act or rely on any information at the Site without seeking the advice of a professional.
- Information provided on the Site is believed to be reliable when posted. However, Prism does not guarantee the quality, accuracy, completeness or timeliness of the information provided. Prism assumes no obligation to update the Information or advise on further developments concerning topics mentioned. Information contained on the Site may contain typographical errors. Information provided may be changed without notice.
- Prism is not responsible for any content or information that you may find undesirable or objectionable.
- Prism is not responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the information available on the Site, including but not limited to, any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other delictual action.
- Prism disclaims any liability for unauthorised use or reproduction of any portion of the Site.
(g) Confidentiality Warning
- Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of Prism or other entities. The display of any such marks or names on the Site does not imply that a licence has been granted by Prism or other entities for use thereof.
(h) Computer Viruses
- Absent 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. Prism will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Prism through the Internet, or that you expressly or implicitly authorise Prism to make, or for any errors or changes made to any transmitted information.
(i) Conformance with Law
- While every effort is made to ensure that all information provided at the Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses, that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
(j) Choice of Law
- You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
- You agree not to impersonate another person in your use of the Site or the sending of any e-mail to an address listed on the Site.
- The law of the Republic of South Africa shall govern as to the interpretation, validity and effect of this agreement notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to this agreement.
(l) Disclaimer of Warranties and Limitation of Liability
- Save for the provisions of clause (t) below, all information submitted to Prism via the Site shall be deemed and remain the property of Prism and Prism shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to Prism through the Site or sent through e-mail. Prism shall not be subject to any obligations of confidentiality regarding any such information submitted to it unless specifically agreed by Prism or required by law.
- You agree that any information submitted for inclusion at the Site does not infringe on the intellectual property or other rights of any third parties and you grant Prism a right to provide access to the information from the Site. You warrant that any software submitted to Prism shall be free of computer viruses.
(m) Velocity Checking
- This Site is provided on an "as is" and "as available" basis. You should not assume that the Site will be error-free or that the Site will operate without interruption. Prism makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials or products included on this Site. You expressly agree that the use of this Site is at your sole risk.
- To the full extent permitted by applicable law, Prism disclaims all warranties, express or implied. Prism does not warrant that this Site, its servers, or e-mails sent from it are free of viruses or other harmful code. Prism will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, punitive and / or consequential.
(n) System Security
- Prism accepts no responsibility should you be debited more than once as a result of you clicking more than once.
(o) Geographic limitations
- Whilst Prism's System is a secure system, Prism is not liable for any damages whatsoever and howsoever arising as a result of any stolen or lost user data, or the unauthorised use of such user data.
(p) Transaction Limits
- Prism's payment system is available as a payment gateway to South African Receiver's only.
(q) Payment Errors
- Due to varying credit card levies imposed by the banking and credit card industry, Prism will enforce and abide by any payment ceilings imposed by the respective Receivers.
(r) Service Fee
- Should you pay an incorrect amount using to the EasyPay System, Prism has no obligation whatsoever to rectify this error, or to assist you in any way in rectifying such error.
- The Payment Service is offered to you free of charge.
(t) User Information Confidentiality
- Prism provides an on-line backup and queries service 8 am - 5 pm daily, Monday to Friday, excluding Public Holidays.
- Subject to the provisions of clause (k) above, Prism shall not use information posted by you on this Site for any reason whatsoever, nor divulge same to any third party, save as may be required by Prism in dealing with any payment or user query.
BY REGISTERING ON THIS SITE AND / OR USING ANY SERVICES OFFERED ON THIS SITE YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE ABOVE TERMS AND CONDITIONS AND DISCLAIMER.
- Any disputes arising as a result of your visit to the Site, your use of the Payment System through the Site, shall be determined in accordance with the rules of the Arbitration Foundation of South Africa (or any successor in title) by an Arbitrator or Arbitrators nominated by it , expect insofar to the extent that you have in any way violated or threatened to violate Prism's intellectual property rights, in which event Prism may seek the appropriate legal remedy through the appropriate court having jurisdiction in the Republic of South Africa, and you consent to the exclusive jurisdiction of such court.