This document contains the terms and conditions for the use of Ilitha Telecommunications Proprietary Limited’s website (“the Website”). By accessing any page on the Website or making use of any online portal, 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 of use are binding and enforceable against all persons that access the Website or any part thereof or make use of any online portal offered by Ilitha.
If you do not agree with these terms of use you must leave the Website and discontinue your use of the online portal without delay, as any further use will mean that you have accepted these terms of use and agree to these terms of use.
Important terms which may limit Ilitha’s responsibility or involve some risk for you may be in bold. You must pay special attention to these terms and conditions.
1.1. “The Website” means the Ilitha website owned and operated by Ilitha and located at https://www.ilitha.com, including any page, part or element thereof;
1.2. “Ilitha” means Ilitha Telecommunications Proprietary Limited, registration number 2018/572432/07;
1.3. “Products and Services” means telecommunications products and services offered by Ilitha, as well as products and services offered by third parties who Ilitha shall contract with in order to offer these third party products and services to its customers;
1.4. “online portal” means the portal that is accessible to customers, or potential customers, who shall gain access thereto upon registration as a User, and shall purchase Products and Services from Ilitha;
1.5. “User / you or your” means any person who enters or uses the Website or online portal, notwithstanding the fact that such a person only visits the home page of the Website or online portals;
1.6. References herein to the singular include the plural and vice versa; and
1.7. Hyperlinks have been used in these terms of use. 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.
2.1. Whilst every reasonable effort has been made by Ilitha, and its suppliers of content and information, to ensure the proper performance of the online portal, the accuracy of the content, information and images and the reliability of the binary data on the online portal, Ilitha, 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 content, information and/or images offered on the Website or online portal.
2.2. Ilitha makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the online portal and the online portal is used at your own risk.
2.3. Ilitha does not warrant that the Website or the online portal will meet your requirements, be uninterrupted, complete, timely, secure or error free.
2.4. Ilitha makes no representations or warranties, whether express or implied, and makes no guarantees or assurances that using the Website and/or any tools offered, including but not limited to providing information on the online portal on the Website, will result in any additional business and/or improve business or financial results or operations of your business.
3.1. Ilitha shall not be liable to you or any third party, in any manner whatsoever, and you indemnify Ilitha 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 portal or your use of the online portal, other than in respect of losses caused by Ilitha’s gross negligence or intentional misconduct.
3.2. Ilitha shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of an 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 Ilitha’s reasonable control.
3.3. Your use of this Website is at your own risk and you assume full responsibility and risk of loss resulting from your usage, including, without limitation, with respect to loss of service or data. We will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, delict (including, without limitation, negligence), or otherwise, relating to or arising out of the use of this Website, even if we knew, or should have known, of the possibility of such damages.
3.1. Ilitha shall not be liable to you or any third party, in any manner whatsoever, and you indemnify Ilitha 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 portal or your use of the online portal, other than in respect of losses caused by Ilitha’s gross negligence or intentional misconduct.
3.2. Ilitha shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of an 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 Ilitha’s reasonable control.
3.3. Your use of this Website is at your own risk and you assume full responsibility and risk of loss resulting from your usage, including, without limitation, with respect to loss of service or data. We will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, delict (including, without limitation, negligence), or otherwise, relating to or arising out of the use of this Website, even if we knew, or should have known, of the possibility of such damages.
4.1. You agree and confirm that you are authorised to access the Website on behalf of the parties you represent, and/or provide personal information required to register as a User and create an associated profile on the online portal, including uploading documentation (as may be required) on the online portal.
4.2. In the event that you are not authorised to make use of the relevant online portal, you declare that you have obtained the necessary consent for access to the Website and online portal and/or to provide personal information, create and update profile settings, respond to questions and upload documentation on the online portal on behalf of the organisation you provide the responses or documentation, as the case may be.
4.3. It may be required of you to update your personal details to continue using certain functions of the online portal. 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 Ilitha is accurate and your own personal details. If the personal information provided to Ilitha is not your information or is incorrect, Ilitha will not be held liable in any way. If Ilitha establishes 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, download and print the content and details of the online portal for lawful and legal purposes.
4.5. You warrant that you shall not:
4.5.1. use the online portal for commercial and non-private purposes; and
4.5.2. use the online portal to 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. If you use content from the online portal in breach of these terms and conditions:
4.6.1. Ilitha reserves the right to claim damages from you;
4.6.2. Ilitha reserves the right to institute criminal proceedings against you; and
4.6.3. Ilitha 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.
4.7. Users may quote small and reasonable amounts of content available from the online portal only if such content is placed in inverted commas and the source acknowledged.
4.8. No person may, without the prior written consent of Ilitha, copy, or reproduce the online portal in any manner whatsoever.
4.9. 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 Website or online portal for any purposes, without the prior written consent of Ilitha.
4.10. E-mail addresses, names, and any telephone numbers (including mobile numbers) published on the online portal 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 portal may be used to communicate unsolicited communications to Ilitha and all of Ilitha’s rights are reserved.
4.11. All licenses and/or permissions granted in terms of these terms and conditions are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Ilitha at any time without prior notice or reason.
4.12. You will comply with all applicable laws in accessing and using this Website and online portal.
5.1. You agree that you will be responsible for the safekeeping of your password/PIN for access to the online portal 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 portal 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 information and agree that Ilitha shall not be liable in this regard.
6.1. All intellectual property on the Website and online portal, 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 Ilitha 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 Website and online portal are expressly reserved.
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, the Website and the online portal.
8.1. Ilitha 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, Ilitha may electronically collect, store, disclose and/or use the following of your personal information:
8.2.1. name and surname;
8.2.2. business name;
8.2.3. contact numbers;
8.2.4. non-personal browsing habits and click patterns;
8.2.5. e-mail address;
8.2.6. IP address;
8.2.7. geographical location;
8.2.8. responses to predetermined questions;
8.2.9. all documents submitted by the User; and/or
8.2.10. username and password (required for access to personal information pages).
8.3. Ilitha collects stores and uses the abovementioned information in order for Ilitha to:
8.3.1. communicate requested information to you;
8.3.2. provide your information to other registered subscribers on the online portal who may potentially be interested in communicating with you;
8.3.3. process and collate the information submitted by the User into a report;
8.3.4. respond to queries, responses or complaints submitted by you;
8.3.5. create products or services that may meet your future requirements;
8.3.6. provide you with access to restricted pages on the portal; and
8.3.7. compile non-personal aggregated and statistical information about browsing habits, click-patterns, trends and access to the online portal for research and analytical purposes.
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 portal or Website to be unavailable to you.
8.5. Ilitha may further collect non-personal information, for example, your IP address, the date and time of your visits to the Website, and browser history, to recognise you during any subsequent visits to the Website and/or use of the online portal. Ilitha may further use this non-personal information to develop future products and/or services to meet your requirements and needs.
8.6. Ilitha owns and retains all rights to non-personal statistical information collected and compiled by Ilitha.
8.7.As and when necessary, Ilitha 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 attorneys and/or debt collection agencies if you do not make payment of invoices within the required period; and
8.7.3. to Ilitha’s agents and/or consultants, but only to the extent necessary and in order to provide services to you;
8.8. Ilitha reserves the right to amend this privacy statement if required to do so due to a change in any personal information or privacy laws.
9.1. Ilitha shall take all reasonable steps to secure the content of the online portal and the information provided by and collected from Users from unauthorised access and/or disclosure, however, Ilitha makes no warranties or representations in this regard.
9.2. While Ilitha 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, Ilitha assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond Ilitha’s control.
