TERMS AND CONDITIONS

1.	DEFINITIONS

1.1	For purposes of these Online Terms, the 

following terms shall have the following meanings: 

1.1.1	"Amendments" means any amendments made from time 

to time to these Online Terms or any document prepared 

by SMSDirect CC relating thereto;

1.1.2	"Application" means the Online Application 

documentation to be completed to be registered for the 

Online Services or other Services; 

1.1.3	"Client" means the party, registered for the 

Online Services or other Services; 

1.1.4	"User ID" means the Client user name and/or 

number to access the Online Services; 

1.1.5	"Digital Signature" means any distinctive mark 

in electronic form or any process employed by SMSDirect 

CC to authenticate or approve an instruction given 

Online; 

1.1.6	"Guest" means any user of the Website who is not 

a Client; 

1.1.7	"Hyperlink" means any graphic, icon or text on 

the Website linked by internet protocol technology to 

any other website or web page, whether on the Website or 

any other website; 

1.1.8	"Information" means any information collected by 

SMSDirect CC on its own behalf or on behalf and on the 

instructions of a Client;

1.1.9	"Instruction" means an instruction given online 

or otherwise by a User to SMSDirect CC, for SMSDirect CC 

to perform Services; 

1.1.10	"Online" means via the Website; 

1.1.11	"Online Services" means the services provided by 

SMSDirect CC to Users via the Website; 

1.1.12	"Online Terms" means these Online terms and 

conditions, as amended from time to time; 

1.1.13	"PIN" means the User personal identification 

number to access the Online Services; 

1.1.14	"Services" means any Services performed by 

SMSDirect CC, including Online Services;

1.1.15	"Session" means the uninterrupted period during 

which the User has access to the Online Services, from 

time to time; 

1.1.16	"Specified" means displayed on the Website; 

1.1.17	"Submit" or "Submission" means a positive act on 

the part of a User regarding transmission of information 

via the Website or by electronic mail to SMSDirect CC 

and shall include the clicking on any icon, "button", 

graphic or Hyperlinked text on the Website or any 

current or future functionality of similar effect. 

1.1.18	"SMSDirect CC" means SMSDirect CC, registration 

number 2003/027808/23; 

1.1.19	"SMSDirect CC System" means the information 

technology infrastructure underlying the Online 

Services, owned or managed by SMSDirect CC; 

1.1.20	"User" means a Guest or a Client, as the case 

may be; 

1.1.21	"Website" means this and other websites 

(including all its constituent web pages) on which 

SMSDirect CC provides its Online Services from time to 

time, including all linked pages in respect of whose 

content SMSDirect CC exercises control over. 

1.2	Whenever inconsistencies arise in the 

interpretation of the Entire Agreement as far as it 

relates to the Online Services, the provisions of the 

Online Terms shall prevail. 

1.3	Any reference in these Online Terms to a clause 

shall, unless otherwise indicated, refer to such clause 

in these Online Terms. 

2.	EFFECTIVE DATE 

2.1	The effective date shall be the date on which 

the User signs up for a service. 

2.2	The Service will only commence on payment by the 

User of the fees for the Service, as detailed in the 

contract purchased. 

3.	GUESTS 

3.1	In these Online Terms, all references to User 

shall include reference to a Guest, provided that a 

Guest shall under no circumstances obtain any of the 

rights granted to Users in these Online Terms. 

3.2	The rights of a Guest shall be limited to 

accessing and viewing such information provided on the 

Website for which no User ID and PIN is required. 

4.	FUNCTION OF ONLINE TERMS 

4.1	The Online Terms are confined to the Online 

Services. Any access to and use of other Online services 

provided by SMSDirect CC are subject to and governed by 

whatever terms and conditions apply to such services, 

irrespective of the User being able to access and use 

such services via the Website, the User ID or PIN. 

4.2	In addition to applicable statutory provisions, 

the Online Services are governed by and subject to the 

provisions of the : 

4.2.1	Online Terms; and

4.2.2	any notices or information posted on the Website 

governing the Online Services. 

4.3	Users are hereby referred to the important 

provisions of clause 19 regarding SMSDirect CC's 

disclaimer and limitation of liability. 

5.	ONLINE REGISTRATION 

5.1	Users are required to complete and Submit the 

Application to become Users; 

5.2	SMSDirect CC, in its sole and absolute 

discretion and without stating reasons therefore, shall 

have the right to reject any Application. 

5.3	SMSDirect CC may perform identity checks on 

Users from time to time and Users hereby authorise 

SMSDirect CC, as far as may be required by law, to 

perform such checks. 

6.	ACCEPTANCE 

6.1	These Online Terms become binding on the User on 

accessing the Website and be binding in terms of the 

provisions of the Electronic Communications and 

Transactions Act 25 of 2002. Alternatively, should these 

provisions be held to be invalid for whatever reason, 

these Online Terms will be deemed to have been accepted 

by the User on the occurrence of the first of the 

following events: 

6.1.1	submission of the Application; or 

6.1.2	selection of a hyperlink on the Website; or 

6.1.3	utilisation of the Online Services in any manner 

or form; or 

6.1.4	reliance made or action taken based on any 

information provided on the Website.

6.2	Without affecting the validity of deemed 

acceptance in terms of clause 6.1 and without imposing 

any duty on SMSDirect CC, Users may be required to 

submit acceptance of the Online Terms and/or Amendments, 

from time to time, in writing. 

6.3	Whenever contractual terms, disclaimers or 

notices are displayed or made accessible on the Website, 

not requiring a Submission from the User to be accepted, 

such contractual terms, disclaimers or notices shall be 

deemed to be accepted by the User unless the User 

immediately ends the Session without performing any 

further Instruction and informs SMSDirect CC, within 24 

hours, of his non-acceptance of the contractual terms, 

disclaimer or notice in question. 

6.4	By accepting these Online Terms and Conditions, 

the user authorizes SMSDirect to send data messages to 

his registered mobile number and/or email address.

7.	USER ID AND PIN 

7.1	On acceptance by SMSDirect CC of the Application 

submitted by the User, the User will be supplied with a 

User ID and an initial PIN by such means and in such 

format as SMSDirect CC may determine from time to time. 

7.2	All Online Services are subject to SMSDirect CC 

having accepted the application and having issued a User 

with a User ID and PIN. 

7.3	The User undertakes to ensure that the PIN and 

User ID are neither easily accessible nor disclosed to 

anyone. Storing the User ID and/or PIN on a computer or 

network will be regarded as prima facie negligent for 

purposes of evidence with regard to unauthorized 

transactions. 

7.4	The User shall report any actual or potential 

unauthorised access to or use of the User ID and/or PIN 

to SMSDirect CC, without delay, via telephone call and 

provide SMSDirect CC with written confirmation thereof 

within 24 hours of such notification. On receipt of 

telephonic notification, SMSDirect CC reserves the right 

to: 

7.4.1	reject all Instructions received after such 

notification; 

7.4.2	suspend the processing of all Instructions not 

yet executed; 

7.4.3	reverse (if possible) all executed Transactions 

with effect from such date and time as SMSDirect CC may 

reasonably determine the unauthorized use to have 

commenced; 

7.4.4	deactivate the User ID and/or PIN in question 

without further notice. 

7.5	The User shall be obliged to logoff from the 

Online Services in the prescribed manner before exiting 

the Website. Failure to logoff could result in 

unauthorised Transactions for which SMSDirect CC will 

not be held liable. 

7.6	SMSDirect CC may, in its sole discretion and for 

whatever reason, require a User to change his/her User 

ID and/or PIN from time to time and the User undertakes 

to comply with such requirement unconditionally. 

7.7	The User acknowledges that the User ID and PIN 

may enable the User to access some or all Online 

services of SMSDirect CC and, accordingly, unauthorised 

use of the User ID and PIN could expose a User to 

unauthorised transactions on other services provided by 

SMSDirect CC. 

8.	WARRANTEES GIVEN TO SMSDirect CC 

8.1	The User warrants to SMSDirect CC that he/she: 

8.1.1	submitted the Application; 

8.1.2	is duly authorised to make use of the Online 

Services; and 

8.1.3	has complied with all applicable statutory 

provisions. 

8.2	The User shall indemnify and hold SMSDirect CC 

harmless for damages or losses of whatever kind, 

directly or indirectly caused by any breach of the 

warranties provided for in this clause 8. 

9.	TECHNOLOGY NEUTRALITY 

SMSDirect CC makes these Online Services available to 

Users subject to the principle of technology neutrality, 

which principle Users hereby accept. The principle of 

technology neutrality means that, unless otherwise 

stated in the Online Terms: 

9.1	any reference to words in the Entire Agreement, 

legislation or regulations traditionally associated with 

a non-electronic or non-Online environment, including 

the terms "writing" or "document", shall include 

electronic or Online forms thereof; 

9.2	documents or displays viewed or printed by Users 

via the Website shall prima facie be deemed to be "true 

copies" of the original; 

9.3	a Digital Signature or whatever method utilized 

by SMSDirect to indicate acceptance, shall have the same 

legal effect as a hand-written signature. 

10.	AUTHORITY BY USER 

10.1	The User hereby designates the Submission of the 

User ID and PIN as the User's express authority for 

purposes of all subsequent actions performed or 

instructions given during a Session. 

10.2	In as far as a signature is required for each 

Instruction in terms of the Entire Agreement or 

applicable legislation, the User hereby designates each 

Submission of an Instruction as his written signature 

thereof. 

10.3	Whenever required in the Entire Agreement or 

applicable legislation, the Submission of the User ID 

and PIN, together with the Submission of an Instruction 

shall, collectively, constitute and have the same effect 

as a written, signed authority. 

10.4	Subject to the provisions of clause 6, SMSDirect 

CC shall be entitled to regard all Instructions as 

actually originating and emanating from or authorized by 

the User and to act on such Instruction. Under no 

circumstances shall SMSDirect CC be held liable for any 

actions taken on unauthorized instructions. 

11.	INSTRUCTIONS 

11.1	An Instruction becomes irrevocable once 

Submitted to SMSDirect CC. 

11.2	SMSDirect CC shall not be liable for the User 

executing the same Instruction more than once and 

neither Instruction shall be reversible.

11.3	Upon receipt of an Instruction by SMSDirect CC 

to access Online Services or to perform Services, a User 

shall be deemed -

11.3.1	to give SMSDirect CC an irrevocable mandate and 

to instruct it to act as its agent (and not in its own 

right) in acquiring and making known to the User any 

information of whatsoever nature relating to that User 

in the performance of the Services;

11.3.2	to authorise and instruct any third party in 

possession of any information relating to such User to 

immediately release that information to SMSDirect CC for 

purposes of performing the Services;

11.3.3	to indemnify and release SMSDirect CC and any 

third party contemplated in paragraphs 11.3.1 and 11.3.2 

from any claim of whatsoever nature resulting from the 

proprietary or confidential nature of such information.

11.4	Any information of a proprietary or confidential 

nature acquired by SMSDirect CC in the performance of 

any Services in terms of an Instruction by a User shall 

not be divulged or made known to any other person 

without the express approval of the User to whom such 

information relates.

12.	SUBSCRIBER INFORMATION 

12.1	All email addresses/mobile numbers for User's 

distribution lists, and associated subscriber 

information, are never shared with any other User. The 

list remains the property of the User at all times. 

12.2	All such subscriber information is kept on a 

secure database. Where the system does have to 

distribute information to other SMSDirect CC servers for 

efficient delivery, all information is strongly 

encrypted and compressed before being sent over the 

public Internet. 

12.3	Subscriber information is only ever exported 

from the database when the User requests it, or when 

SMSDirect CC technical staff deems it necessary (for 

tasks such as backups). 

12.4	No-one else but authorised list administrators 

can add or remove addresses, except in the case of a 

subscriber adding or removing him/herself. 

13.	UNAVAILABILITY OF ONLINE SERVICES 

13.1	SMSDirect CC shall at all times and for whatever 

reason, have the sole and exclusive right to suspend or 

terminate the Online Services without any prior 

notification or giving any reasons for such termination 

or suspension. 

13.2	Users acknowledge and accept that the Online 

Services may become unavailable from time to time due to 

various circumstances, including: technical failure or 

problems with the SMSDirect CC System; technical failure 

or problems with third party information technology 

systems; unavailability of telecommunication or 

electricity services; force majeur or other 

circumstances beyond the control of SMSDirect CC.

14.	SMS SERVICE 

14.1.1	SMSDirect CC will provide the User with the 

services of formatting and sending SMS Messages from the 

desktop to the cell / mobile phone. 

14.1.2	SMSDirect CC reserves the right, at any time, to 

modify, enhance, develop or discontinue, and modify 

services and contents on its website temporarily or 

permanently, or parts thereof at any time without prior 

notice. 

14.1.3	The User agrees that, by definition, access to 

the Internet, the GSM network and other communication 

media is associated with risks concerning 

authentication, data security, privacy, availability of 

services, reliability of transmission etc. - The User 

agrees to bear full and exclusively responsibility 

arising from such risks and consequences of the User's 

usage of SMSDirect CC's services.

14.2.	ACCESS TO WWW.SMSDIRECT.CO.ZA

SMSDirect CC makes its best efforts to provide SMS 

services on the website www.smsdirect.co.za 7 days a 

week, 24 hours a day. In order to use the Service, the 

User must obtain access to the World Wide Web, either 

directly or through devices that access web-based 

content, and pay any service fees associated with such 

access. In addition, the User must provide all equipment 

necessary to make such connection to the World Wide Web, 

including a computer and modem or other access device. 

14.3.	SMS DELIVERY 

14.3.1	The User acknowledges that SMSDirect CC delivers 

SMS messages via major telecommunications companies and 

mobile network providers and can therefore only 

influence the delivery and transmission of SMS messages 

within the technical constraints imposed by the above 

mentioned providers. 

14.3.2	SMS messages submitted via www.smsdirect.co.za 

will be transferred to the addressed mobile recipients 

within variable times as dictated by congestion, 

provided that the recipient's phone is switched on and 

located in an area covered by his subscribed mobile 

network provider. The User acknowledges that, depending 

on the recipient's mobile provider service, it may not 

be possible to transmit the SMS message to the recipient 

successfully, particularly if the provider does not 

support SMS delivery at all. 

14.4.	SMS STORAGE 

SMS messages are assigned a life time of 24 hours. SMS 

messages which could not be delivered successfully to 

the recipient's mobile phone within this period will be 

discarded without notice. 

14.5.	SMS  PRIVACY 

14.5.1	SMSDirect CC's handling of User-related 

information, including SMS message content, is subject 

to South African communication and privacy laws. 

14.5.2	The User acknowledges that SMSDirect CC is 

obliged by law to store all message content and activity 

logs for six months, and that SMSDirect CC can be 

required by law to disclose details about a User's 

activity and SMS transmissions to government and law 

enforcement officials on explicit request.

14.5.3	The User acknowledges that SMS message content 

is transmitted unencrypted and that eavesdropping of 

mobile phone communications, including SMS delivery, by 

third parties is possible.
 
14.5.4	All data hosted by SMSDirect CC on behalf of its 

Users is for the sole use of that User and may not be 

used by either SMSDirect CC or other SMSDirect CC Users. 

Access to the data is strictly restricted to the 

management of SMSDirect CC and the respective User. 



14.6.	SMS CONTENT 

14.6.1	The User assumes full responsibility for the 

content of SMS messages transmitted by himself or by a 

third party on his request. 

14.6.2	The User agrees to abide to all laws and 

regulations applicable to the content and intent of SMS 

messages transmitted by him. 

14.6.3	The User assumes liability for all consequences 

and costs arising out of offenses against such 

regulations. 

14.6.4	The User must ensure that his SMS delivery does 

not cause disturbance or harassment of a recipient or 

other third party. 

14.6.5	The User agrees to refrain from sending SMS 

messages containing offensive, violent, pornographic, or 

discriminatory, or otherwise illegal content. 

14.6.6	The User is not permitted to send SMS messages 

to recipients who have made clear that they do not wish 

to receive SMS messages or advertisements via SMS. 

14.6.7	The User agrees to indemnify and hold SMSDirect 

CC, and its subsidiaries, affiliates, officers, agents, 

co-branders or other partners, and employees, harmless 

from any claim or demand, including reasonable 

attorneys' fees, made by any third party due to or 

arising out of Content the User transmit through the 

Service, the User's use of the Service, the User's 

connection to the Service, the User's violation of the 

Terms of Usage, or the User's violation of any rights 

of another. 

14.7.	SMS ORIGINATOR 

Each SMS message transmitted must contain an existing 

and authorized User service phone number belonging to 

the User or authorized for use as such by the owner of 

the phone number. SMSDirect CC will not deliver SMS 

messages without originator information. 

14.8.	SMS NOTICES 

SMSDirect CC reserves the right to include in each 

message sent by a list owner a notice similar to the 

following: "Powered by SMSDirect CC". 

14.9.	SMS SERVICE BACKUPS 

While SMSDirect CC will make every reasonable effort to 

protect and backup data for the list owner on a regular 

basis, SMSDirect CC is not responsible for the list 

owner's data residing on the SMSDirect CC servers. List 

owners are responsible for keeping current copies of 

members and their related information. To this end, an 

export facility is available to all SMSDirect CC Users. 

14.10.	SMS SERVICE MEMBER PRIVACY 

14.10.1	It is SMSDirect CCs policy to respect the 

privacy of its users. The User agrees that SMSDirect CC 

may access and disclose any information, including 

usernames and other information, if SMSDirect CC 

believes in good faith that such action is reasonably 

necessary to comply with applicable laws and lawful 

government requests, to operate its systems properly, or 

to protect itself, its members, or others. 

14.10.2	In addition, please be aware that due to the 

nature of the Internet and other factors, privacy in 

your communications cannot be guaranteed, and you should 

bear this in mind when deciding whether to transmit 

confidential information or any other information via 

SMSDirect CC. 

14.11.	SMS SERVICE MEMBER CONDUCT 

14.11.1	The opinions and views expressed in the mailing 

lists do not reflect those of SMSDirect CC. The contents 

of mailing lists are based on data submitted by Users, 

and SMSDirect CC does not review, screen or edit 

messages sent via the SMSDirect CC system. 

14.11.2	Nonetheless, SMSDirect CC reserves the right but 

not the duty to monitor and remove any information 

transmitted or received through the service, to 

terminate the User's account and use of SMSDirect CC, 

or to remove any list from SMSDirect CC at any time, 

without notice, at SMSDirect CC's sole discretion. 

15.	FEES AND CHARGES 

15.1 	The fees and charges payable by the User to 

SMSDirect CC for the Service will be determined in 

accordance with the schedule of fees and charges as 

published from time to time by SMSDirect CC. 

15.2 	SMSDirect CC shall be entitled to increase the 

monthly fees and charges, provided that SMSDirect CC 

shall notify all existing Users of such an increase 

timeously. 

16.	PAYMENT PROVISIONS 

The User undertakes to effect payment of all amounts due 

to SMSDirect CC arising out of this agreement prior to 

activation of the service by SMSDirect CC. 

17.	INDEMNIFICATION 

The User agrees to indemnify and hold SMSDirect CC and 

its Members, directors and employees harmless from any 

claim, demand or damage, including reasonable 

attorneys' fees, asserted by any third party due to or 

arising out of the User's use of the Service. 

18.	PROPRIETARY RIGHTS TO CONTENT 

The User acknowledges that the content, including but 

not limited to text, software, music, sound, 

photographs, video, graphics or other material contained 

or made available to the User via the Service is 

protected by copyrights, trademarks, patents or other 

proprietary rights and laws and the User undertakes not 

to infringe such rights. 

19.	DISCLAIMER & LIMITATION OF LIABILITY 

19.1	THIS WEBSITE AND THE ONLINE SERVICES ARE 

PROVIDED "AS IS" AND SMSDirect CC MAKES NO EXPRESS OR 

IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD 

THERETO.  WITHOUT LIMITING THE GENERALITY OF THE 

AFOREGOING:- 

19.1.1	SMSDirect CC DOES NOT WARRANT THAT THE WEBSITE 

OR ONLINE SERVICES WILL BE ERROR-FREE OR WILL MEET ANY 

PARTICULAR CRITERIA OF ACCURACY, COMPLETENESS OR 

RELIABILITY OF INFORMATION, PERFORMANCE OR QUALITY. 

19.1.2	SMSDirect CC EXPRESSLY DISCLAIMS ALL IMPLIED 

WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF 

MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR 

PURPOSE, YEAR 2000-COMPLIANCE, NON-INFRINGEMENT, 

COMPATIBILITY, SECURITY AND ACCURACY. 

19.2	USE OF THIS WEBSITE AND THE ONLINE SERVICES IS 

ENTIRELY AT A USER'S OWN RISK AND USERS ASSUME FULL 

RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE 

THEREOF.  NEITHER SMSDirect CC, ITS MEMBERS, AGENTS, 

CONSULTANTS OR EMPLOYEES WILL BE LIABLE FOR ANY DAMAGES 

WHATSOEVER RELATING TO THE USE OF THIS WEBSITE, THE 

ONLINE SERVICES OR THE INFORMATION CONTAINED THEREIN, 

INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, 

SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, 

WHETHER ARISING OUT OF CONTRACT, STATUTE, DELICT OR 

OTHERWISE.  WITHOUT DEROGATING FROM THE GENERALITY OF 

THE FOREGOING, SMSDirect CC SHALL NOT BE LIABLE FOR: 

19.2.1	ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER 

FAILURE OF THE WEBSITE OR ONLINE SERVICES, THE SMSDirect 

CC SYSTEM, DATABASES OR ANY COMPONENT PART THEREOF FOR 

WHATEVER REASON; 

19.2.2	ANY LOSS OR DAMAGE WITH REGARD TO USER DATA OR 

OTHER DATA DIRECTLY OR INDIRECTLY CAUSED BY MALFUNCTION 

OF THE SMSDirect CC SYSTEM, POWER FAILURES, UNLAWFUL 

ACCESS TO OR THEFT OF DATA, COMPUTER VIRUSES; 

PROGRAMMING DEFECTS; NEGLIGENCE ON THE PART OF SMSDirect 

CC OR CAUSED BY THE YEAR 2000 COMPUTER PROBLEM. 

19.2.3	ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER 

FAILURE OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES, 

INCLUDING, WITHOUT LIMITATION, THE PUBLIC SWITCHED 

TELECOMMUNICATION SERVICE PROVIDERS (CURRENTLY TELKOM), 

INTERNET SERVICE PROVIDERS, ELECTRICITY SUPPLIERS 

(CURRENTLY ESKOM), LOCAL AUTHORITIES AND CERTIFICATION 

AUTHORITIES; 

19.2.4	AN EVENT OF VIS MAJOR OR ANY OTHER EVENT

20.	TERMINATION OF SERVICE 

SMSDirect CC may, at its sole discretion, terminate the 

Service provided to the User without notice, for any 

reason, including, without limitation, if the User has 

acted inconsistently with the letter or spirit of this 

agreement. 

21. 	PROPERTY 

All communication media and systems associated with the 

website www.smsdirect.co.za and the underlying services 

remain the property of SMSDirect CC or other parties. By 

using the services, the User does not obtain any rights 

in the infrastructure, content or software associated 

with the services. 


22. 	JURISDICTION 

		These Terms of Usage are governed by 

South African jurisdiction. 

23.	CHANGE OF POLICY 

SMSDirect CC reserves the right to change this privacy 

policy from time to time, and will notify all SMSDirect 

CC Users of such changes or additions.

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