Terms & Conditions

1. Terms of Use

By using this site or the MeyCom Guardian Service (the Service) in any way, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use please do not use this site or Service. We reserve the right, at our discretion, to update or revise these Terms of Use . Please check the Terms periodically for changes. Your continued use of this site or Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Please note that any other MeyCom Guardian services outside of Guardian are governed by a different Terms of Use.

2. Description of Service

MeyCom Guardian currently provides users with access to information, web page hosting services, publishing and community services and ancillary services. A user's website is known as their Guardian account. This includes, but is not limited to, the capability to post information to a web page from a GSM communicator. By using MeyCom Guardian you, the user, agree to be billed a subscription fee which covers the basic use of the system, at a level selected by yourself, the user, together with add-on services of your choice. There may be a requirement for additional fees depending upon the features used within MeyCom Guardian. The requirements for any additional fees will be clearly explained when a user implements those options. Users have to provide their own equipment (SIM card, mobile service). The user must pay any connection and messaging fees to their Mobile Service Provider (including SMS cost) as selected by the user and necessary to connect to the MeyCom Guardian Service.

3. Modifications to Service

MeyCom Guardian reserves the right to modify or discontinue the Service with or without notice to the user. MeyCom Guardian shall not be liable to any user or any third party should MeyCom Guardian modify or discontinue the Service.

4. Agreement to Rules of User Conduct

You agree to abide by this site's Rules of User Conduct, including but not limited to, agreeing not to use this site or Service for any unlawful purpose.

5. Rules of User Conduct

By posting data and or files, information or otherwise using any communications service, chat room, message board, newsgroup, software library, blog, social network, rss, or other service that may be available to you on or through this site or service, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data, or other information - that: is unlawful or otherwise violates this Service's rules or policies; infringes on any personal rights; infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; attempts to obtain unauthorized access to any data or other information of any third party; or impersonates any person or entity, including any employee or representative of MeyCom Guardian

You also agree that you will not harvest or collect information about the users site and/or service or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.

MeyCom Guardian generally does not pre-screen, monitor, or edit the content posted by users that may be available on or through this site and Service. However, this site and its agents have the right at their sole discretion to remove any content that, in MeyCom Guardian’s sole judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate. MeyCom Guardian is not responsible for any failure or delay in removing such content.

6. Third Party Sites

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of MeyCom Guardian Software, and you acknowledge that MeyCom Guardian is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by MeyCom Guardian or any association with its operators.

7. Proprietary Rights

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by MeyCom Guardian, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download the material or content on this site from folders which you are properly authorised to access, provided that you keep intact all copyright and other proprietary notices, and within the terms of the subscription service you select. You may use the material so downloaded for any purpose which is in itself legitimate, and in such a manner as to be legitimately used by yourself. Use of the content or materials, in a manner or for any purpose not expressly permitted in these Terms of Use is prohibited.

8. Content Submitted to MeyCom Guardian

MeyCom Guardian does not claim ownership of the content you place in your MeyCom Guardian site. MeyCom Guardian may quote or reproduce portions of your content, as long as you have not protected it by the use of the Privacy service, in order to promote your use of Guardian, or the MeyCom Guardian Service.

9. Procedure for Making Claims of Copyright Infringement

If you believe that your information has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify MeyCom Guardian.

10. Disclaimer Of Warranties

All materials, information, software, products, and services included in or available through this site or service are provided at your own risk and are available as such for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. MeyCom Guardian, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that this site or service will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site or service is solely at your risk.

11. Limitation Of Liability

Under no circumstances shall MeyCom Guardian, its subsidiaries, or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site or service. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if MeyCom Guardian has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, MeyCom Guardian’s liability in such jurisdictions shall be limited to the extent permitted by law. Notwithstanding the above, any damages shall be limited to the amount actually paid by the user for the MeyCom Guardian service during the year in which such damages occur. In no event shall the total compensation for any damages exceed R2,500.00.

12. Indemnification

Upon a request by MeyCom Guardian, you agree to defend, indemnify, and hold harmless MeyCom Guardian and its subsidiaries, other affiliated companies, licensors, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this Service. MeyCom Guardian reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will co-operate with MeyCom Guardian in asserting any available defences.

13. International Use

MeyCom Guardian makes no representation that materials on this site or the Service are appropriate or available for use in international locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site or the Service from other locations do so on their own initiative and are responsible for compliance with local laws.

14. Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site and Service shall be filed only in the courts located in South Africa, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

15. Severability and Integrations

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MeyCom Guardian with respect to this service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between the user and MeyCom Guardian with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

16. Notices

Notices to you may be made via email, regular mail, SMS or MMS

17. Violations

Please report any violation of these terms of use to MeyCom Guardian.

18. User ID, Password and Account

In order to make use of the MeyCom Guardian service, MeyCom Guardian will grant you a User ID, Password,  Email address (only for use as the destination for your data and information) and Account. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible and liable for all activities conducted through your User ID, Password and Account, even if this occurs without your permission.

19. Notification and Indemnification

You agree to immediately notify MeyCom Guardian in writing of any unauthorised and/or fraudulent use of your User ID, Password, Account or email address. You agree to indemnify MeyCom Guardian against any and all third party claims and all related liabilities arising out of, or relating to, the use of Your User ID, Password, Account or email address. MeyCom Guardian will not be liable for any damages resulting from the unauthorised and/or fraudulent use of your User ID and/or Password and the unauthorised use of your Account or email address. The liability of a MeyCom Guardian user for his/her  Account does not limit the additional liability of the MeyCom Guardian Administrator for that MeyCom Guardian account too.

20. Change of User ID and Password

MeyCom Guardian reserves the right to change your User ID or Password if this is in the interest of the functioning of the service, to prevent fraudulent use of the service, or if we think that you are infringing someone else’s intellectual property rights, all entirely at the sole discretion of MeyCom Guardian.

21. Change of Tariffs

MeyCom Guardian reserves the right to change the tariffs at any time by giving a thirty (30) day notice of such change on the website or by stating new tariffs in connection with your purchase of respective services. If you do not wish to accept such adjustment of tariffs, you are entitled to terminate the Account(s) which the adjustment affects. You may terminate the affected Accounts by written notice, with effect from the date on which the adjustment of tariffs would become effective. You agree that by continuing to use the service following the adjustments of the tariffs, you accept such adjustments.

22. Privacy Policy

MeyCom Guardian is committed to respecting your privacy and the confidentiality of your personal and traffic data. The Privacy Policy, published on MeyCom Guardian website applies to the use of data, as well as the confidential information transmitted to and via the MeyCom Guardian services.

23. Ownership

All intellectual property rights regarding the MeyCom Guardian service, including but not limited to the software and related documentation developed and/or owned by MeyCom Guardian or its Affiliates shall be and shall remain the sole property of MeyCom Guardian or its Affiliates. The providing of the MeyCom Guardian services does not imply any transfer of intellectual property rights

You shall only obtain a non-exclusive and non-transferable right for the use of the MeyCom Guardian services. You commit yourself to adhere strictly to any conditions laid down in the Terms of Use or imposed in any essential purpose

24. Force Majeure

You acknowledge and understand that if the MeyCom Guardian service does not function that MeyCom Guardian will not be in breach of any of its obligations towards you under these Terms of Use in the event of a force majeure event. A force majeure event means any event beyond the control of MeyCom Guardian including, but not limited to, an act of God, insurrection, terrorist activity, civil disorder, war or military operations, national or local emergency, flood, serious and sustained power outage or disruption of telecommunications or internet services.

25. Assignment

We may assign this Agreement or any part of it to any third party without notice to you. No rights are conferred on any third party by virtue of this Agreement and the Contracts (Rights of Third Parties) Act 1999 will not apply.