|Standard Terms and Conditions|
The terms and conditions set out below apply to all users ("you") of the RedButton Hotspot Service ("the Services"). Please read the terms and conditions set out below carefully. BY CHECKING THE BOX MARKED "I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS" (OR ITS EQUIVALENT), OR BY PROCEEDING TO MAKE USE THE SERVICES, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET OUT HEREIN AS OF THE DATE YOU FIRST CHECK SUCH BOX OR LINK OR COMMENCE USING THE SERVICES. YOUR ATTENTION IS DRAWN TO THE WARRANTIES AND INDEMNITIES PROVIDED IN THIS AGREEMENT AS WELL AS THE LIMITATIONS ON LIABILITY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE SERVICES OR PURCHASE ANY CREDIT.
You agree that the information you supply during the registration process will be true, accurate and complete and that you will not register under the name of another person. You will be responsible for preserving the confidentiality of your chosen password and will notify RedButton of any known or suspected unauthorized use of your account. You agree to keep RedButton informed of any change in the information you provided at the time of your initial registration. You agree to indemnify, defend and hold harmless RedButton, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all liabilities, fines, losses, expenses and damages resulting from the supply of any information during the registration process which is not true, accurate and correct or arising from your failure to update such information from time to time to ensure its continued accuracy.
REGISTRATION AND SECURITY
To register to make use of the services, you must complete the registration process and must provide RedButton with up to date, complete and accurate information as requested by RedButton. Failure to provide accurate and complete information on registration may result in termination of the services. You agree to notify RedButton immediately of any unauthorized use of its account or any other breach of security. In the event that a company wishes to replace a person or employee using a specific RedButton account, and wishes to prevent this person from accessing the account, the company shall inform RedButton in writing of this change, and change all details on the account accordingly. In the event that a RedButton account is transferred from one company to another, the former company shall inform RedButton in writing of this change, and change all details on the account accordingly. If the Username is the former company name, a new account shall be opened.
AVAILABILITY OF THE SERVICES
RedButton does not guarantee the availability of the Services at all times. RedButton shall not be liable for any inability to access the Internet or make use of the Services where such inability is caused by force majeure or third party failures and shall not be responsible for data, messages or web pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or communications networks. RedButton shall make all reasonable endeavours to ensure uninterrupted and continued use of the Service. RedButton may make improvements, changes or upgrades to the Service in order to keep pace with the latest demands and technological developments, at its own discretion and without any notice to you. RedButton is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the operation of the Software or provision of any RedButton services without any notice to you for the improvement, change or upgrade of the Services or for any other reason. RedButton shall use its reasonable endeavours to provide you with advance notice of any modification, suspension or termination of the Services and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable. Third parties may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event RedButton shall be entitled to modify, enhance, develop or discontinue its services to you without notice. A wireless local area network compatible device is required in order to make use of the Services and it is your responsibility to ensure that your device is suitable for use in tandem with a wireless network. RedButton makes no representations as to speeds and performance of the Service which is subject to the limitations of your device, your location in a RedButton hotspot and the effective functioning of third party telecommunication networks.
USE OF THE SERVICES
You agree not exploit the Services for commercial gain under any circumstances, and agree to use it for your own private or business purposes only. You are entirely responsible for any and all activities that occur on your RedButton account and you shall be strictly liable for all charges debited against your account whether or not these charges are incurred by you or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach. You agree not to use the Services for communications or purposes that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. You agree to indemnify and hold RedButton, its affiliates, strategic partners and third party service providers and their respective directors, officers, employees and agents harmless from any claim or demand, made by any third party due to or arising out of content you communicate using the Services or any RedButton service. You agree that RedButton may intercept any communication to which you are a party in order to comply with any legal obligation to which RedButton may be subject or for any other lawful purpose. Users may not use, or knowingly allow others to use, the Service for any purpose that may bring RedButton's name into disrepute, or for any purpose that, in RedButton's sole and absolute discretion, is improper, immoral or undesirable. Users shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the bona fide activities of RedButton or the interests or goodwill of RedButton, nor any network operator.
You agree not to engage in any of the following unacceptable practices:
CHARGES AND PAYMENT
Charges for making use of the RedButton service are located online at http://redbutton.co.za/charges.html RedButton reserves the right to vary its charges from time to time and without prior notice to you. You are entirely responsible for any and all activities that occur under your account and you shall be strictly liable to make payment of all charges incurred under your account whether or not these charges are incurred by the you or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach. You have the right to review, correct and cancel a purchase of credit before confirming a transaction and to have a purchase refunded within seven days of concluding a transaction where you have not already commenced using the service. If you purchase pre-paid Services, charges that are attributable to usage of the Services will be debited on a per-session basis against your account. Pre-paid Services may be subject to a minimum user session duration and charge, which will be charged against your pre-paid account balance. Prepaid Services are non-refundable. Pre-paid accounts that are not utilised for 12 months of more may be terminated at the discretion of RedButton and any credit balance in your account will be forfeited by you. Where agreed to in writing, you may be charged for the Services on a monthly billing cycle basis with monthly charges to be invoiced and paid monthly in advance. You agree to make payment in full and on time in respect of any and all charges due by you or incurred by you, including regular monthly charges and other charges billed to your account including, without limitation, and, where applicable, additional usage charges, including airport and other surcharges, roaming fees, charges for usage when you are outside a designated hotspot or local area, and additional any features or services you use. Where roaming is available, additional fees (which may include access, airtime and/or data transfer charges) may apply. You may be charged for data sent or received by any device you use (including, without limitation, software downloads, messaging, unsolicited information and advertisements), regardless of whether the data is requested, actually or completely delivered, received or stored. Where data packets are resent for whatever reason, you will be billed for such resent packets. You understand that charges are incurred from the time you log on to the Services and until the time you properly log off and the network terminates the connection. If you do not properly log off, leave a Hotspot during a session or lose your connection for any reason, then charges may be incurred until such time as you do properly log off and the network terminates the connection. Some devices may require to be turned off in order to properly terminate your connection and it is your responsibility to do so to ensure that your connection is terminated. Where applicable, you understand that if you exceed any applicable allotment of minutes or megabytes under your rate plan, you will pay the per-second, per-minute and/or per-megabyte overage fees applicable to the hotspot/s that you use. Unless otherwise stipulated on the RedButton website, all usage is billed on a fractional per minute or per megabyte basis and on a per session basis. Unless otherwise specified or indicated to the contrary, all advertised prices on the RedButton website are exclusive of any applicable taxes including Value Added Tax. You agree to provide us with accurate and complete billing information and, where required for the purposes of granting credit to you, you authorize us to verify your creditworthiness with credit bureaus and other credit-reporting agencies as reasonably required and in accordance with the provisions of the National Credit Act and regulations. We reserve the right to levy a fee of R140 or such greater amount as may be permitted by law for any credit card transaction rejected or any cheque returned for insufficient funds.
All services, fees, subscription fees, and all other amounts payable in terms of services rendered or products delivered in accordance with this agreement shall be paid by way of direct debit order drawn against the account nominated by you in favour of RedButton Mobile, or in any such manner as RedButton Mobile may instruct from time to time. The User agree that by furnishing his or her bank details, the User authorise and instruct RedButton Mobile to draw against the Users nominated account, the amount necessary for payment of the subscription due in respect of this agreement. The User agree to pay any bank charges relating to the debit order instruction and understand that this agreement may not be cancelled within the first 3 (three) months of this agreement, thereafter this authority may be cancelled by the User, by giving RedButton 30 (thirty) calendar daysâ€™ notice in writing, via email. The User understands that the User, shall not be entitled to any refund of amounts which RedButton had withdrawn while the authority was in force if such amounts where legally owed to RedButton. All such amounts will be deducted every month until termination of this agreement, or until cancelled by the User/or RedButton in writing. Withdrawals from the user's bank account shall be treated as though they had been signed by the User personally.
You may cancel your service by giving 30 daysâ€™ calendar notice.
Please include your name, address, return phone number, hotspot identification, and email address as well as a request to cancel service and the date you want the cancellation to occur. Accounts are billed on the last working day of each month. Cancellations are processed at the end of each billing cycle. We do not offer prorated refunds for service. No amendments or cancellations will be processed if an account is in arrears.
RedButton warrants that the Services will be rendered with care and skill. The warranties set forth above are exclusive and in lieu of all other warranties, whether statutory, express or implied. RedButton provides the Services as is and does not warrant that the operation thereof will be uninterrupted or error free. No warranty is given nor is to be implied as to the suitability of the Services for any particular purpose notwithstanding that any such purpose may be known or ought reasonably to have been known by RedButton.
LIABILITY AND INDEMNITY
RedButton shall not be liable for any delay, failure, breakdown, damage, loss, cost, claim, penalty, fine or expense arising from use of the Services; operator error on the part of you; any fault in the hardware, third party Services or Services supplied to or obtained by you from any entity other than RedButton; the intentional or negligent act or omission of any person not being a duly authorised employee, sub-contractor, agent of RedButton or any third party not authorised to act in terms of this agreement; and the actions, omissions or service interruptions of any utilities provider or third party service provider, including a telecommunications service, electrical service or a supplier of a telecommunications or electrical service, VOIP service, electronic communications service provider or electronic communications network service provider. IN NO EVENT SHALL RedButton BE LIABLE TO YOU FOR LOSS OF DATA, LOSS OF PROFITS OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, PERFORMANCE OR USE OF THE SERVICES,; FAILURE TO PROVIDE A SUITABLE WIRELESS DEVICE; USE OF PRODUCTS OR MATERIALS NOT SUPPLIED BY REDBUTTON; ANY FAILURE TO BACKUP ANY DATA TRANSFERRED OR OBTAINED MAKING USE OF THE SERVICES; USE OF THE SERVICES FOR ANY OTHER PURPOSE OTHER THAN THAT FOR WHICH IT WAS DESIGNED; AND USE OF THE SERVICES ON ANY COMMUNICATIONS DEVICE OR SYSTEM OTHER THAN THE SPECIFIED OR RECOMMENDED PLATFORMS FOR THE SERVICES. IN NO EVENT SHALL RedButton BE LIABLE FOR SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR DELICTUAL DAMAGES SUFFERED BY YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS, AND INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, UNAUTHORISED USE OF YOUR USER ID OR PASSWORD, THE MARKETING, DELIVERY, INSTALLATION, FURNISHING, MAINTAINING, HOSTING OR SUPPORTING OF THE SERVICES BY RedButton OR ANY PERSON APPOINTED BY IT, THE PERFORMANCE OF THE SERVICES, AND WHETHER OR NOT YOU WERE AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. It is understood and acknowledged by you that the RedButton Services are not intended to ensure, nor does RedButton warrant, compliance with any common law, statutory or regulatory requirement or obligation to which you may be subject in your own jurisdiction. Use of the Services and services is entirely at your risk. YOU INDEMNIFY AND HOLD RedButton HARMLESS AGAINST ANY CLAIM BY ANY THIRD PARTY RELATING TO ANY MALFUNCTION OF THE SERVICES OR ARISING OUT OF THE USE OF THE SERVICES OR SERVICE BY YOU. RedButton SHALL FURTHERMORE HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY BREACH OF A LEGAL OBLIGATION AS SPECIFIED ABOVE TO WHICH YOU OR ANY THIRD PARTY MAY BE SUBJECT.
INFORMATION SECURITY AND PRIVACY
In order to operate the Services, you will be required to set your own password. You agree to notify RedButton in writing of any unauthorized and/or fraudulent use of your User ID or password. You agree to indemnify, defend and hold harmless RedButton, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Services, from any and all claims, losses, damages and expenses by, or on behalf of, you or any third party for any unauthorized or fraudulent use of Your User ID or password. You understand that the use of Internet applications may subject a user to various risks including the exposure of sensitive or confidential information to persons for whom it was not intended, hacking, viruses, exposure to contaminated files and objectionable material, spamming, electronic fraud and other security risks. You assume the risk of any breaches of privacy or information security and agree that RedButton shall not be responsible or liable for any intrusion or hack to the Services nor for any unauthorised access to the information or data stored or communicated by you or any other person using the Services or the services of RedButton or any of its strategic partners, affiliates or third party service providers and it is your own responsibility to ensure that that only authorised persons have access to such information or data through adequate information security standards and procedures to be implemented and monitored by you. RedButton does not guarantee the non-exposure of your personal information or IP address.
RedButton does not provide emergency services that connect a user to emergency services personnel or public safety services or answering points. To access emergency services, you understand that it is your responsibility to purchase traditional wireless or fixed line services that offer emergency services. Neither RedButton, its affiliates, strategic partners or third party service providers, nor their respective officers, directors, employees or agents may be held liable for any claim, damage, or loss, and you hereby waive, to the maximum extent permitted by applicable law, any and all such claims or causes of action, arising from or relating to the use or failure of the Services or any other service provided by RedButton for contacting any emergency services personnel. You shall defend, indemnify, and hold harmless RedButton, its affiliates, strategic partners or third party service providers and their respective officers, directors, employees or agents from any and all claims, losses, damages, penalties and expenses by, or on behalf of, you relating to the failure of RedButton to offer emergency services.
LINKING AND FRAMING
Any third party site may link to the RedButton website provided that such a link is directed at the home page only, unless with the prior written consent of RedButton. RedButton may provide links to other websites as a convenience and the inclusion of any link does not imply RedButton's endorsement of such sites. Linked web sites or pages are not subject to the control of REDBUTTON. RedButton shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site. It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of REDBUTTON.
Apart from bona-fide search engine operators and use of any search facility provided on the RedButton website, 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 RedButton website for any purpose whatsoever, without the prior written consent of RedButton. The use of non-malicious search technology, such as 'web-crawlers' or 'web-spiders', to search and gain information from this web site is not permitted if such technology will result in slowing down this web site's server or copyright infringement of any data and information available from this web site. Data and information may only be used as provided for in these terms and conditions. E-mail addresses, names, telephone numbers and fax numbers published on the RedButton website may not be incorporated into any database, used for electronic marketing or similar purposes. No permission is given or should be implied that information on the RedButton website may be used to communicate unsolicited communications to RedButton.
All content, trademarks and data on the RedButton web site, including but not limited to, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to REDBUTTON, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site is expressly reserved. Content from the RedButton website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of RedButton.
Any failure by RedButton to exercise or enforce any right or provision of this Agreement shall in no way constitute a waiver of such right or provision. In the event that any of the terms of this agreement are found to be invalid, unlawful or unenforceable, those terms will be severable from the remaining terms, which will continue to be valid and enforceable.
This Agreement constitutes the whole agreement between RedButton and you and no agreements, representations or warranties between the parties other than those set out herein or incorporated by reference are binding on the parties.