End User License Agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY.
1-BINDING AGREEMENT:
THIS END USER LICENSE AGREEMENT ("THIS AGREEMENT") CONSTITUTES A LEGALLY
BINDING AGREEMENT BETWEEN UNI-TEl PTY LTD TOGETHER WITH ITS PERMITTED
SUCCESSORS AND ASSIGNS ("UNI-TEl")AND YOU ("YOU AND YOUR")FOR THE NON
EXCLUSIVE USE OF THE UNI-TEl SOFT PHONE, WEB PHONE, E-DIRECTORY, CONTACT
US, E-PHONEBOOK AND E800 SOFTWARE ("THE SOFTWARE) THE UNI-TEl GLOBAL
NETWORK OF COMPUTERS AND TELEPHONY DEVICES ("THE NETWORK") AND THE ONLINE
IP TO IP, PHONE TO IP AND IP TO PHONE COMMUNICATION SERVICES WHICH ARE
FACILLITATED BY VoIP (VOICE OVER INTERNET PROTOCOL) ("THE SERVICES")
By using all or any portion, whether it be from this installation or
from any other terminals where Uni-Tel SOFTWARE has been installed by
you or by third parties, of the SOFTWARE, the NETWORK or the SERVICES
you accept all the terms and conditions of this AGREEMENT and you agree
that this AGREEMENT is enforceable in exactly the same way as any written
AGREEMENT signed by you in person.
You acknowledge and agree that by clicking on the button labeled "DOWNLOAD",
"SUBMIT" or "I AGREE" or such similar links as may be designated by
Uni-Tel to download the SOFTWARE to accept the terms and conditions of
this AGREEMENT, you are submitting a legally binding electronic signature
and are entering into a legally binding AGREEMENT.
You accept this AGREEMENT when you do any of the following:
a) Provide your written or electronic signature.
b) Accept through an oral or electronic statement.
c) Attempt to or in anyway use the SOFTWARE or SERVICES
d) Pay for SERVICES
e) Download any SOFTWARE that says you are accepting when you open it.
You hereby agree to the use of electronic communication in order to
enter into contracts, place orders and other records and to the electronic
delivery of notices, policies and records of transactions initiated
or completed through the Uni-Tel SOFTWARE. Furthermore, You hereby waive
any rights or requirements under any laws or regulations in any jurisdiction
which require an original (non-electronic) signature or delivery or
retention of non-electronic records, to the extent permitted under applicable
mandatory law.
IF YOU DO NOT AGREE AND YOU DO NOT WISH TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD OR USE THIS SOFTWARE
OR THE SERVICES.
2-RIGHT TO MODIFY AGREEMENT:
Uni-Tel further reserves the right to modify this AGREEMENT at any time
by posting such modification on the Uni-Tel's website at www.b-tell.com
and such modification shall be deemed effective immediately upon posting
of the modified AGREEMENT. Your continued usage of the SERVICES shall
be deemed to constitute your acceptance of the modified AGREEMENT. We
recommend that you visit this page on a regular basis to review the
Terms and Conditions of this AGREEMENT.
3-SOFTWARE LICENSE GRANT:
Subject to your compliance with the terms and conditions of this AGREEMENT,
Uni-Tel hereby grants you a personal, non-exclusive, non commercial,
non sublicensable, non-assignable, free of charge license to download
and use the SOFTWARE, including any future fixes and upgrades offered
to you by Uni-Tel. The SOFTWARE may only be used in connection with the
NETWORK and the SERVICES.
4-GENERAL PROVISIONS:
4.1. No Warranties:
Due to the nature of the VoIP routing process Uni-Tel is unable to guarantee
that the SERVICES will always function without delays, disruptions or
imperfections. Uni-Tel shall however always ensure that it supplies the
SERVICES with the highest levels of Quality Of Service (QOS). You hereby
give your understanding that, due to the fact that the SERVICES will
be transmitted through public Internet lines and the public switched
telephony network (PSTN), there may be extraneous factor beyond our
control that will affect the service such as power outages or Internet
service disruption. This would naturally lead to you experiencing some
disruptions in the SERVICES, e.g. packet loss and delay. In addition,
you also recognize that calls to or from the PSTN are not encrypted
and as such, could be potentially be intercepted and listened to by
law enforcement officials or other third parties over the public Internet.
Uni-Tel will not be liable for any disruption, delays, eavesdropping
or other omissions in the SERVICES.
4.2. Modification of Technical Features:
In order to keep the services up to date with the latest technological
changes and the demands of a competitive marketplace Uni-Tel may change
the technical features of the SERVICES, at its own discretion and without
any notice to you.
4.3. No Control:
You accept and recognize that Uni-Tel does not control, or have any knowledge
of, the content of any communication(s) spread by the use of the SERVICES.
Uni-Tel cannot guarantee that you will not receive content that may be
offensive, disagreeable, distasteful or unsuitable for minors. The content
of the communication spread on the SERVICES is solely the responsibility
of the person from whom the communication originated. Uni-Tel will not
be liable for any type of communication spread by means of the SERVICES.
4.4. Suspension and Interruption:
Uni-Tel reserves the rights to repair, develop, and/or upgrade of the
SERVICES without notice to you. In such cases Uni-Tel is entitled, without
any liability, to deny, limit, restrict, suspend, impede or interrupt
the SERVICES or any part thereof, without any notice to you or for any
of the reasons for termination in accordance with Section 12 of this
End User License AGREEMENT
4.5. No Traditional Telephone Service:
You hereby understand that the SERVICES are not designed to be used
as a replacement for your traditional telephone service. Our system
is designed to enhance your communications and is designed to work in
tandem with your current telephone service but is no means a replacement.
5-LICENSE RESTRICTIONS:
You are not allowed to rent, lease, sublicense, sell or assign your
rights to the SOFTWARE or the SERVICES to any third party(s) or authorize
all or any portion of the SOFTWARE to be copied onto another user's
computer.
You are not allowed to collect any information about the NETWORK or
users of the SOFTWARE or SERVICES by monitoring or intercepting any
process of the SOFTWARE, the SERVICES or the NETWORK.
You are not allowed to use the online e-directory to make unsolicited
calls to other users.
You are not allowed to use any type of process,device, codes or instructions
that are designed to gain unauthorized access to the SOFTWARE, the SERVICES
or the NETWORK.
You are not allowed to use the SOFTWARE or SERVICES in a way that infringes
any third party's intellectual property or other proprietary right or
is threatening, obscene or in any way harmful or illegal.
6-NO MODIFICATION OF THE SOFTWARE:
You may not alter or modify the SOFTWARE. You are not authorized to
integrate or use the SOFTWARE with any other SOFTWARE. You may not reverse
engineer, decompile or disassemble the SOFTWARE or otherwise attempt
to discover the source code of the SOFTWARE except to the extent you
may be expressly permitted to decompile under applicable law
7-INTELLECTUAL PROPERTY RIGHTS:
The SOFTWARE and the SERVICES are the intellectual property of and is
owned by Uni-Tel and its suppliers. The structure, organization and code
of the SOFTWARE are the valuable trade secrets and confidential information
of Uni-Tel and its suppliers. The SOFTWARE is protected by copyright,
including without limitation by South African Copyright Law, International
treaty provisions and applicable laws in the country in which it is
being used. You may not copy the SOFTWARE, except as set forth in Section
3 ("SOFTWARE LICENSE").
Except as expressly stated herein, this AGREEMENT does not grant you
any intellectual property rights in the SOFTWARE or SERVICES and all
rights not expressly granted herein are reserved by Uni-Tel.
8-TRADEMARKS:
Trademarks shall be used in accordance with accepted trademark practice,
including identification of trademarks owners' names. Trademarks can
only be used to identify printed output produced by the SOFTWARE and
such use of any trademark does not give you any rights of ownership
in that trademark.
9-UPDATES:
If the SOFTWARE is an Update to a previous version of the SOFTWARE,
you must possess a valid license to such previous version in order to
Use the Update and you acknowledge that any obligation Uni-Tel may have
to support the previous version of the SOFTWARE may be ended upon availability
of the Update.
10- YOUR ACCOUNT - CONFIDENTIALITY AND SECURITY:
10.1. User ID, Password and Account:
Uni-Tel will grant you a User ID, Password and Account which will allow
you make use of the SERVICES. You are the only person responsible for
keeping the confidentiality of your User ID and Password. To this end
you are responsible and liable for all activities conducted through
your User ID, Password and Account, even if this occurs without your
consent.
10.2. Change of User ID and Password:
Uni-Tel may, in the interest of the running of the SERVICES or to prevent
fraudulent use of the SERVICES, reserve the right to change your User
ID or password.
10.3. Notification and Indemnification:
Uni-Tel will not be liable for any damages resulting from the unauthorized
and/or fraudulent use of your User ID and/or Password and the unauthorized
use of your Account Should you notice any unauthorized and/or fraudulent
use of your User ID, Password, Account you hereby agree to notify Uni-Tel
immediately in writing. You agree to indemnify Uni-Tel 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.
11-ACCOUNT BALANCE:
11.1. Purchasing Credit:
To obtain airtime credit on your Uni-Tel account you must purchase credits
in the form of top up vouchers or by payment of your monthly subscription
fee which may or may not include prepaid airtime.
New accounts paid by credit card are activated instantly upon receipt
and validation of credit information. For such activation, you must
give Uni-Tel a valid credit card number (Visa, MasterCard, Discovery
or any other issuer accepted by Uni-Tel). Uni-Tel reserves the right to
stop accepting credit cards from one or more issuers.
11.2. Voucher Activation:
In the event that Uni-Tel has provided you with a voucher number and
pin code which represents a credit for SERVICES, you will be able to
activate this credit on your account by typing this voucher number and
pin in your account under the Phone Card option of your Online Account.
12-REFUND POLICY:
Uni-Tel shall not entertain any claims for refunds for SERVICES paid,
or credit acquired that was paid for by vouchers or pre-paid cards.
Uni-Tel reserves the right to deny repetitive refund requests
Credit Balances in the form of Airtime will only remain in your account
if you pay your monthly subscription fee. If you are unable to pay your
subscription fee all airtime credit will be deducted from your account.
If however you make your monthly subscription payment any credit balance
for Uni-Tel airtime will only expire 180 days after the last chargeable
use of the Uni-Tel Credit. Credit balances that are not used within the
said 180 day period will be lost.
Any abuse by you of the terms relating to refunds hereunder shall lead
to the termination of this AGREEMENT
13-PRIVACY, PERSONAL DATA AND TRAFFIC DATA:
Uni-Tel is committed to respecting your privacy and the confidentiality
of your personal and traffic data. Our Privacy Policy applies to the
use of personal data and the traffic data, as well as the confidential
information transmitted via the SERVICES. In order to provide you with
SERVICES or other SERVICES you have requested, Uni-Tel may sometimes,
if necessary, share your personal and traffic data with carriers, distributors,
service providers and/or affiliates. Uni-Tel and/or its local partners
may need to provide such data to designated local authorities upon request,
or may need to enter into further activities due to local regulations,
for example with regard to the interception of communications, if requested
by such authorities.
Uni-Tel has invested and deployed a wide variety of technology and security
features to ensure the privacy of customer information on its NETWORK
We store and process your information on computers that may be located
outside your country that are protected by physical as well as technological
security devices. You can access and modify the information you provide
in accordance with the Privacy Policy.
If you object to your information being transferred or used in this
way please do not use our SERVICES.
14-PERMISSION GRANTED BY YOU:
By downloading the SOFTWARE to your computer and using the SERVICES
you are agreeing to grant permission to Uni-Tel to utilize your processor
and bandwidth for the exclusive purpose of effecting your online telephony
services.
15-CHARGES AND PAYMENT:
15.1 Monthly Subscription Fee:
You have chosen a Free Plan. This is a monthly "Buzz As You Go"
contract and your are only bound to monthly contributions. The monthly
Subscription Fee for the Free Plan is US$ 4.95. This allows you to keep
your unique Buzz Number and allows you to call at our Free Plan Rates.
Your Free Plan subscription charge is allocated as follows US$ 4.95
towards keeping your unique buzz number and airtime credit must be purchased
in the form of top up vouchers on our site.
Your monthly subscription fee can be paid by purchasing a top up voucher
from our website. The money we receive will first be allocated towards
any outstanding subscription fees (if any) and then to airtime. You
can also choose to pay your monthly subscription by means of a debit
order on your credit card or current account.
15.2 Airtime:
All minutes / airtime are non refundable and non transferable. All Prepaid
airtime can be used from IP (Buzz Soft Phone, Gateway Phone, TA or via
our VoIP Gateways). The Rand value of these plans will be calculated
at the current Rand/ Dollar exchange rate. Your Account has to have
a positive (and sufficient) credit balance to make use of the intended
SERVICES. Once you have purchased credits for the SERVICES you shall
pay Uni-Tel the rates as stated on the website on our rates page unless
stated otherwise, all rates and charges shall be stated in Dollars and
shall be exclusive of value added taxes (VAT) or any other applicable
taxes
15.3 Charges:
You shall be deemed to authorize any charges incurred from the use of
your Uni-Tel account. You agree to pay Uni-Tel for any charges due and
payable arising from the use of your Uni-Tel account. Any payments will
be debited to your credit card upon successful registration in no more
than 3 working days.
You continue to be responsible to Uni-Tel or it's authorised Agent(s)
for any charges resulting from the use of your Uni-Tel account after
your charge or credit card has been terminated, or after you revoke
your authorization to bill your account, which charges will be payable
immediately to Uni-Tel or it's authorised Agent(s).
Your Uni-Tel account is not transferable or assignable in any way. All
charges incurred through use of your Uni-Tel account and debited to your
credit card account are subject to the credit card finance charges appearing
on your account statement, in accordance with the terms and conditions
of your credit card AGREEMENT.
Charges for the Services you subscribe to will be rated and charged
by Uni-Tel or it's authorised Agent(s) in United States dollars at a
flat rate per minute (as provided in our rate table). You are billed
in SIX SECOND blocks. Partial blocks of use are rounded up to the next
minute.
Carefully review the terms of your Services. You will be assessed charges
based on the terms of your Services including without limitation, monthly
recurring charges and charges based on actual usage. Airtime and other
time based usage charges are calculated from when your device first
initiates contact woth a network until the network connection is broken,
whether or not you were actually successful in connecting to the intended
destination. However you will not be charged for voice calls that ring
and do not pick up or if you get a busy signal.
The amount debited will include any applicable taxes, and will be shown
in the currency provided for in your charge or credit card AGREEMENT.
.
15.4 Change of Rates:
Uni-Tel reserves the right to change the rates at any time by giving
notice of such change on the website on our rates page. You agree that
by continuing to use the SERVICES following the adjustments of the tariffs,
you accept such adjustments. All rates are subject to change without
prior notice.
15.5. Billed in Error:
In the event You believe that Uni-Tel has charged You in error, You must
contact Uni-Tel's customer services within 30 days after such charge.
Uni-Tel reserves the right to not give any refunds or adjustments will
not be given for any charges which are more than 30 days old.
16-TERMINATION:
The AGREEMENT begins on the date the SERVICES are activated or used
and will continue until terminated by us in the manner provided in the
AGREEMENT. You understand that if at any time you are not current in
paying amounts owed to us, or if your credit or debit card ("Card")
expires, does not process payment or is otherwise rejected, we may terminate
the SERVICES immediately in our discretion without notice.
Despite termination you will be liable for payment of any amounts due
or other obligations incurred before or upon termination, whether the
AGREEMENT is ended by you or us. If you select a subscription plan with
a fixed term longer than 31 days (such as Premium Plan), the term of
service shall be a minimum of 12 months from the date of your plan commencement.
After Satisfying this minimum term, your plan will continue on a month
to month basis unless you have agreed to extend the term for additional
periods.
If we terminate your SERVICES for breach, or you attempt to terminate
SERVICES prior to the end of the Fixed Term, you agree to pay us as
an early termination fee for each subscription, and as a reasonable
estimate of our damages, and in addition to other amounts owed, the
lesser of $1,000 or the remaining monthly recurring fees owing to the
end of the Fixed Term (which you agree may be deducted from any deposit,
or automatically billed to your account or Card).
In addition, we may keep any amounts prepaid by you sufficient to cover
any accrued charges and fees related to the SERVICE you have used.
Upon termination of this AGREEMENT all licenses and rights to use the
SOFTWARE and the SERVICES shall terminate and you must delete all copies
of the SOFTWARE in your possession.
Your Uni-Tel account holds no cash value or surrender value on termination.
17-NO WARRANTY:
The SOFTWARE is being delivered to you "AS IS" and Uni-Tel Pty Ltd makes
no warranty as to its use or performance. Uni-Tel and it's suppliers
do not and can not warrant the performance or results you may obtain
by using the SOFTWARE.
Except for any warranty, condition, representation or term which can
not or may not be excluded or limited by applicable law in your Jurisdiction,
Uni-Tel and it's suppliers make no warranties (express or implied whether
by statute, common law, custom, usage or otherwise) as to any matter
including without limitation non infringement of third party rights,
Integration, satisfactory quality, merchantability or fitness for any
particular purpose.
Furthermore Uni-Tel does not represent or warrant that the SERVICES will
be available, accessible, uninterrupted or error-free or that the SERVICES
will operate without any packet loss or that the SOFTWARE or the NETWORK
are free of viruses or other harmful elements.
Except as to any written limited warranty that may be provided with
a unit you purchase from us, all SERVICES are provided on an "as is"
and "with all faults" basis, and without warranties of any kind, either
express or implied, including, but not limited to, warranties of title,
merchantability, non-infringement, or fitness for a particular purpose
which are expressly disclaimed. You assume all responsibility and risk
for use of the SERVICES. We do not authorize anyone to make a warranty
of any kind on our behalf and you should not rely on any such statement.
Any statements made in packaging, manuals or other documents, or by
any of our agents (except as to any written limited warranty that may
be provided with a unit you purchase from us), are provided for informational
purposes only and not as warranties by us of any kind. Neither we nor
our officers, directors, employees, agents, dealers, suppliers, parents,
subsidiaries or affiliates ("Uni-Tel affiliates") warrant that the information,
products, processes, and/or services available through the SERVICES
will be uninterrupted, always available, accurate, complete, useful,
functional or error free.
18-BETA SOFTWARE:
If the product you have received with this license is pre-commercial
release or beta Software ("Pre-release Software"), then the following
Section applies. To the extent that any provision in this Section is
in conflict with any other term or condition in this AGREEMENT, this
Section shall supercede such other term(s) and condition(s) with respect
to the Pre-release SOFTWARE, but only to the extent necessary to resolve
the conflict. You acknowledge that the SOFTWARE is a pre-release version,
does not represent final product from Uni-Tel, and may contain bugs,
errors and other problems that could cause system or other failures
and data loss.
Consequently, the Pre-release SOFTWARE is provided to you "AS-IS", and
Uni-Tel disclaims any warranty or liability obligations to you of any
kind.
WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE,
BUT IT MAY BE LIMITED, Uni-Tel'S LIABILITY AND THAT OF ITS SUPPLIERS
SHALL BE LIMITED TO THE SUM OF TEN DOLLARS (U.S. $10) IN TOTAL.
You agree that you may not and certify that you will not sublicense,
lease, loan, rent, or transfer the Pre-release SOFTWARE.
Upon receipt of a later publicly released commercial version of the
SOFTWARE, you agree to destroy all earlier Pre-release SOFTWARE received
from Uni-Tel and to abide by the terms of the End User License AGREEMENT
for any such later versions of the Pre-release SOFTWARE.
19-LIMITATION OF LIABILITY:
You agree that under no circumstances, including, but not limited to,
negligence, shall Uni-Tel and its Distributors, affiliates, directors,
officers, employees, agents, service providers or other related parties
be liable to you for any damages whatsoever (including without limitation
direct, indirect, incidental or consequential damages including damages
for loss of profits, business interruption, loss of or damage to programs,
datafiles or information or any other pecuniary loss) arising out of
the use of or inability to use or failure or errors arising out of the
use of the SOFTWARE, the NETWORK or the SERVICES even if Uni-Tel has
been advised of the possibility of such damages.
You further agree that Uni-Tel shall not be liable for any threatening,
defamatory, obscene, offensive or illegal content or conduct of any
other party or any infringement of another's rights, including intellectual
property rights.
If you are dissatisfied with the SOFTWARE, the NETWORK or the SERVICES,
your sole and exclusive remedy is to Terminate the AGREEMENT in conjusction
with clause 16.
The liability of Uni-Tel and its Distributors, affiliates, directors,
officers, employees, agents, service providers or other related parties
arising from misdelivery, non-delivery, or any other errors or omissions
in the provision of the SERVICES is limited to an amount equal to the
charge for any such SERVICES.
20-YOU INDEMNIFY UNI-TEl:
In the event of a lawsuit arising out of your use of the SOFTWARE, the
NETWORK or the SERVICES as provided by Uni-Tel its Distributors, affiliates,
directors, officers, employees, agents, service providers or other related
parties or arising out of your breach of this AGREEMENT, you agree at
your cost to defend, indemnify and hold Uni-Tel its Distributors, affiliates,
directors, officers and employees, agents and related parties harmless
from any claim, demand, or damage, including reasonable legal costs,
asserted by any third party due to or arising out of your conduct or
use of the SERVICES.
21-YOU REPRESENT AND WARRANT:
You represent and warrant as follows:
- that you possess the legal right and ability to enter into this AGREEMENT
and to comply with its terms.
- that you will use the SOFTWARE, the NETWORK and the SERVICES for lawful
purposes only and in accordance with this AGREEMENT and all applicable
laws in your Jurisdiction.
- that you will not attempt to disassemble, decompile, reverse engineer
or hack the SOFTWARE or the NETWORK nor will you attempt any other use
which is expressly forbidden under section five(5) of this AGREEMENT
(License restrictions).
- that you agree to cooperate with, law enforcement authorities in prosecuting
users who have participated in such breaches.
- that you will provide true and accurate information as and when requested
by Uni-Tel.
- that you are not under the legal age limit for using internet based
applications or services where and if such age limit exists in your
Jurisdiction.
- that you will not transfer or export the SOFTWARE to any country where
the SOFTWARE, the NETWORK or the SERVICES are prohibited by law.
- that you are not a citizen, or otherwise located within an embargoed
country and that you are not otherwise prohibited under the applicable
export laws from receiving the SOFTWARE and making use of the SERVICES.
22-CALLING EMERGENCY SERVICES:
You acknowledge that the SOFTWARE, the NETWORK and the SERVICES are
not intended to support or carry emergency calls to any emergency services
of any kind and waive all claims and causes of action arising from or
relating to the use of SERVICES or any other SERVICES provided hereunder
to contact emergency services personnel.
You shall defend, indemnify, and hold harmless Uni-Tel, Uni-Tel Staff,
Affiliates and agents and any other services provider who furnishes
any services to you in connection with the SERVICES or any other SERVICES
provided under this AGREEMENT, from any and all claims, losses, damages,
fines, penalties, costs and expenses (including, without limitation,
attorneys fees) by, or on behalf of, you relating to the absence, failure
or outage of the SERVICES or any other SERVICES provided hereunder,
including specifically any claims arising out of the failure of Uni-Tel
to offer emergency services.
By accepting the terms of this AGREEMENT you recognize and accept that
Uni-Tel does not offer emergency services and that you will have to make
additional arrangements to access emergency services You also agree
that Uni-Tel is not required to offer access to emergency services pursuant
to any applicable local and or national rules, regulation or law. You
further recognize that Uni-Tel is not a replacement for your primary
telephone service.
23-MISCELLANEOUS:
23.1. New versions of the End User Licence Agreement:
Uni-Tel reserves the right to modify this AGREEMENT at any time by providing
such revised AGREEMENT on the Uni-Tel Website, which shall become effective
immediately, unless you expressly accept the revised AGREEMENT by clicking
on the accept button. Your continued use of the SERVICES after expiry
of said period of time shall constitute Your acceptance to be bound
by the terms and conditions of the revised AGREEMENT. You can find the
latest version of this AGREEMENT our website www.b-tell.com/plans_terms_conditions.php.
Uni-Tel reserves the right to make changes to this AGREEMENT from time
to time.
23.2. Adjustment of the SERVICES:
Uni-Tel reserves the right to adjust the SERVICES at any time, for example
to conform to legal and regulatory obligations.
23.3. New Versions of the Uni-Tel Software:
Uni-Tel, in its sole discretion, reserves the right to add additional
features or functions, or to provide programming fixes, updates and
upgrades, to the Uni-Tel SOFTWARE. You acknowledge and agree that Uni-Tel
has no obligation to make available to you any later versions of the
Uni-Tel SOFTWARE. You also agree that you may have to enter into a renewed
version of this AGREEMENT, in the event you want to download, install
or use a new version of the Uni-Tel SOFTWARE. Furthermore, you acknowledge
and agree that Uni-Tel, in its sole discretion, may change or discontinue
or suspend your ability to use any version of the Uni-Tel SOFTWARE, and/or
disable any Uni-Tel SOFTWARE you may already have accessed or installed
without any notice to you, for the repair, development, and/or upgrade
of the underlying technology or for any other justifiable reason, including
but not limited to, circumstances where you, at Uni-Tel's discretion,
are in breach of this AGREEMENT, creating problems, possible legal liabilities,
acting inconsistently with the letter or spirit of our policies, or
engaging in fraudulent, immoral or illegal activities, or for other
similar reasons. Uni-Tel will not accept any liability in relation to
the direct or indirect damages caused by (1) the release and/or the
absence of release of new versions of the Uni-Tel SOFTWARE and (2) by
the suspension or termination of the license or this AGREEMENT by Uni-Tel.
23.4. Partial Invalidity Waiver:
If any part of this AGREEMENT is found void and unenforceable, it will
not affect the validity of the balance of the AGREEMENT, which shall
remain valid and enforceable according to its terms.
23.5 Entire AGREEMENT:
This is the entire AGREEMENT between Uni-Tel and you relating to the
Software and the Service and it supersedes any prior representations,
discussions, undertakings, communications or advertising relating to
the Software and the Service.
23.6. Uni-Tel may Assign:
Uni-Tel may at any time and at its sole discretion assign this AGREEMENT
to a successor, subsidiary or sister company, without giving prior notice.
23.7. Jurisdiction's Restrictions:
If you reside in a jurisdiction which restricts the use of Internet-based
applications according to age, or which restricts the ability to enter
into agreements such as this AGREEMENT according to age and you are
under such a jurisdiction and under such an age limit, you may not enter
into this AGREEMENT or use the SERVICES.
In addition, if you are residing in a jurisdiction where it is forbidden
by law to use the SERVICES, you may not enter into this AGREEMENT and
you may not use the SERVICES. By entering into this AGREEMENT you explicitly
state that you have verified in your own jurisdiction if your use of
the SERVICES is allowed.
23.8. Applicable Law:
Any dispute concerning the use of the Software, the Network or the Services
requiring judicial resolution shall be determined in the Courts of the
Republic of South Africa under the laws of the Rebublic of South Africa
The terms of use shall be governed by and construed in accordance with
the laws of the Republic of South Africa You agree to submit to the
exclusive jurisdiction of the courts located in the Republic of South
Africa and you expressly waive all defenses to jurisdiction.
The original English version of this AGREEMENT may have been translated
into other languages. In the event of inconsistency or discrepancy between
the English version and any other language version of this AGREEMENT,
the English language version shall prevail.
24-YOUR ACCEPTANCE: YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS
SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING
TO INSTALL THE UNI-TEl SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY
ITS TERMS AND CONDITIONS AND GRANT TO UNI-TEl THE RIGHTS SET FORTH HEREIN.
I understand and agree with the Terms and Conditions above.
