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Terms and Conditions of Use

1. The terms and conditions set forth in this agreement regulate the relationship between "The Operator/SafikaTel/InternetSolutions" ("we" or "us" or "our") and its subscribers and non-subscribers ("visitors") (cumulatively referred to as "you" or "your" hereinafter) who use the Empowergroup website ("website"), the "The Operator/SafikaTel/InternetSolutions" network ("network") or services offered by "The Operator/SafikaTel/InternetSolutions" from the website.

2. The purpose of these terms and conditions are to:

Help you enhance your use of the internet and the services accessible from the website by preventing unacceptable use;
Protect the network;
Comply with applicable laws; and
Act as a responsible internet access and internet service provider.
These terms and conditions do not aim to place unnecessary and onerous restrictions on your use of our website or network, inasmuch as you are responsible for your use of the services and content accessible from our website.

3. "We" respect your right to dignity, freedom of expression, privacy and information and it is not our policy to permit or deny communications on the basis of content, except where forced to do so by law or where required in terms of these terms and conditions. "We" are merely providing you with unfiltered access to the services which are accessible from our network. "We" are merely a passive conduit for data and content transmitted over our network. "We" do not actively monitor, review or verify any communications, transmissions or your use of our services. "We" cannot and do not exercise editorial control over e-mail transmissions. We do, however, acknowledge the possibility that you might abuse our services and in the event of such abuse occurring, we will respond appropriately. If you feel that your right to privacy is at risk, the onus is on you to safeguard it, using whatever legal and acceptable means are appropriate, such as cryptography and mail filtering, for example.

4. The following acts or omissions on your part will constitute a breach of these terms and conditions which will entitle us to act in accordance with the provisions of clause 5 below. The following acts or omissions constitute a breach of these terms and conditions:

4.1 Illegal Activities.
You are prohibited from making use of our network to engage in any illegal or unlawful activity.
These include, but are not limited to the transmission of content which:

Carries any defamatory, discriminatory or obscene material;
Carries any pornography;
Carries religious or racial slurs;
Is used in connection with any infringement of another persons intellectual property rights (for example copyright and trademark);
Engages in the transmission of pirated software;
Threatens or encourages bodily harm;
Destroys tangible or intangible property; or
Uses the network to harass another subscriber or visitor; and uses the network to collect or attempt to collect personal information about third parties without their knowledge or consent.

4.2 Fraudulent Activity
You are prohibited from making use of our network to make fraudulent offers to sell or buy products, items, or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters".

4.3 Network Security Breaches
You are prohibited from using our network to attempt to, or penetrate, or gain unauthorized access or circumvent any security measures implemented by "Us". Such activities may result in criminal or civil proceedings being instituted against you, it being understood that "we" will co-operate with investigations being conducted by the administrators of other websites or networks in the investigation of suspected circumventions or penetrations on their websites or networks by you from the "The Operator/SafikaTel/InternetSolutions" network.

4.4 Disruption
You are prohibited from using our network to disrupt the normal functioning of the network, the website or any part of the internet which includes, but is not limited to, all manner of "denial of service attacks", attempted password cracking and utilizing another subscriber's account without that subscriber's permission.

4.5 Use of Proprietary Material
You are prohibited from using the network to obtain material protected by, inter alia, copyright (such as digital images, text and software for example) and trademark, unless you have obtained the written consent of the owner of the protected material. You are, however, entitled to use the network to obtain and download materials in the public domain (such as digitized images, text and software for example), provided that such material are clearly marked as available for download in this manner.

5. Breaches of these Terms and Conditions
Any failure by you to adhere to "our" terms and conditions of use will constitute a breach of these website terms and conditions of use.

5.1 If you suspect that another subscriber or visitor is breaching any of the above terms and conditions, you are requested to report such breach to "us" at abuse@Empowergroup.co.za.

5.2 Should you breach any of the above terms and conditions, "we" shall be entitled, but not obliged, to exercise any of its rights that it may have in law and to respond to any complaint lodged by you in one or more of the following manners:
5.2.1 To issue a warning;
5.2.2 if a subscriber, to suspend the subscriber's account;
5.2.3 to withdraw a subscriber's or visitor's network access privileges;
5.2.4 to claim immediate payment of all costs incurred by "us" for responding to the complaint and taking corrective steps;
5.2.5 to institute legal proceedings against a subscriber or visitor for specific performance, or for any loss or damage sustained by "us" (irrespective of whether such loss or damage is consequential, incidental, indirect or special, including, without limitation, business interruption, loss of business information, loss of data or other pecuniary loss, regardless of whether such liability is based on breach of contract, delict, strict liability or otherwise); and
5.2.6 to respond to the compliant in any other manner deemed appropriate by "us".

6. Alteration to Terms and Conditions

6.1 "We" reserve the right to alter its privacy policy any terms and conditions regulating the relationship between you and "us" at any time.

6.2 You acknowledge that by using the services from time to time, that you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version.

6.3 You shall be responsible for reviewing the current version each time you make use of the service.

6.4 Without derogating from the a foregoing, and without imposing any obligation on "us" whatsoever, "we" reserve the right to give you notification of amendments of the relevant terms and conditions and its privacy policy either by electronic mail or by posting a notice on this legal section of the website. On notification of the existence of the amended terms and conditions and/or privacy policy, you shall be obliged to visit the legal section of the website and view the then current version.

6.5 A certificate signed by "us" (or by one of "our" directors, whose appointment, qualification and authority need not be proven) shall be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions and privacy policy.

7.General:

7.1 All of our terms and conditions and our privacy policy shall in all respects be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters in connection therewith, shall be determined in accordance with such laws.

7.2 Failure or neglect by "us" to enforce at any time any of the provisions of this agreement shall not be construed as a waiver of its rights, nor shall such failure or neglect in anyway effect the validity or the whole or any part of these terms and conditions, nor prejudice "our" rights to take subsequent action.

7.3 This agreement contains the entire terms and conditions that apply to your use of the website and network and no other agreement between you and "us" shall be binding on us and no addition to, or variation of these terms and conditions (save for those effected under clause 6 above) shall be of any force or effect unless reduced to writing and signed by a duly authorized representative of "ours".