MWEB Webstore Terms and Conditions

 

1.       Introduction

 

1.1.    Please note that your use of the Service is governed by the terms and conditions set out herein, together with our General Terms and Conditions and other notices under “General” on our Legal Notices Webpage (together “the Terms”).  Before using the Service in any way whatsoever, you must read and ensure your understanding of and unconditional agreement to all of the Terms.  Use of the Service implies your acceptance without modification of all of the Terms and will constitute a legal agreement between you and MWEB Connect (Pty) Ltd (“MWEB”).  If you do not agree to all of the Terms, you may not use the Service.

 

1.2.    MWEB reserves the right to update or revise the Terms from time to time on notice to you. The updated or revised version of the Terms will be displayed on this website together with the date on which it will become effective. Please check the Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms constitutes your acceptance of those changes.

 

1.3.    Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.

 

1.4.    To the extent that there is any contradiction between the General Terms and Conditions and these terms the following order of precedence shall apply: (i) these terms; and (ii) the General Terms and Conditions.

 

 

2.       Interpretation

 

 

In these terms unless the context clearly shows a contrary intention:


 

2.1.    “Phoenix” means Phoenix Software (Pty) Ltd;

 

2.2.     “Service Fee” means the price payable for the Service as set out below;

 

2.3.    “Service” means the service  selected by you on the Webstore;

 

2.4.    “Software” means the Software downloaded from the Webstore;

 

2.5.    “Territory” means the Republic of South Africa; and

 

2.6.    “Webstore” means the MWEB branded webstore provisioned by Phoenix Software and available at www.downloadstore.mweb.co.za.

 

 

3.       Requirements for the use of the Webstore

 

 

3.1.    You are required to access the Services via a link sent to you by Phoenix.

 

 

4.       Provision of the Service

 

 

4.1.    We will make the Service available to you once you have inserted the license key into the downloaded Software.

 

4.2.    You will receive automatic updates on a regular basis, subject to the condition that you maintain an active Internet connection.

 

4.3.    If your license has been deactivated for whatever reason you will no longer receive updates.

 

 

5.       Terms and Conditions of Use

 

 

5.1.    Your use of the Service is subject to the following terms and conditions:

 

5.2.    The Software may only be downloaded on personal computers or mobile devices where applicable.

 

5.3.    The download of the Software may cause other utilities to be automatically removed or disabled and you will assume the risk for all damages, losses and expenses associated with the removal of such other utilities.

 

5.4.    The Software may not be distributed, copied, modified or altered in any way.

 

5.5.    You may not reverse engineer, decompile, or disassemble the Software or any part thereof.

 

5.6.    You may not permit any third party to benefit -from the use or functionality of the Software, via timesharing, service bureau or any other arrangement.

 

5.7.    You may not remove any copyright or other proprietary notices contained thereon.

 

5.8.    MWEB reserves the right to revoke the authorisation to download or to receive updates at any time, and any use shall be discontinued immediately upon written notice from MWEB.

 

5.9.    The rights granted to you herein constitute a non-exclusive, non-transferable licence and not a transfer of title.

 

5.10.You may be required to accept and agree to a vendor’s standard terms and conditions when downloading and installing the Software. As part of the process of accepting such standard terms and conditions you may be required to go through an optional software registration process, which we do not recommend; wherein you will need to disclose personal information which the vendor may distribute to other third parties. MWEB has no control over this process and accordingly cannot be held liable should you suffer any damage as a result of this registration process and standard terms and conditions. Should you not wish to disclose your personal information for this purpose do not complete any registration process with any such vendor.

 

 

6.       Service Charges and Payment

 

 

6.1.    You will be billed via a payment gateway facilitated by Phoenix for all Software.

 

6.2.    You can download the Software onto multiple computers however the license key which is required to activate the Software will only work on one computer at a time.

 

6.3.    It lies within the discretion of MWEB to increase the Software fee on notice to you.

 

6.4.    You will effect payment of all fees due to us as contemplated herein.

 

6.5.    Should you fail to make payment of the Software fee to us as contemplated herein or should you be in breach of clause 8.5 of the General Terms and Conditions, you will not receive any further auto updates.

 

 

7.       Termination

 

 

7.1.    MWEB reserves the right to modify, suspend, or discontinue the whole or any part of the Service at any time whatsoever without notice to you, whereupon your access to and use of the Service shall automatically terminate.

 

 

7.2.    In the event of a termination for whatever reason you will have the option to purchase a software license directly from Phoenix, such license and contractual relationship to lie between you and such supplier directly.

 

 

8.       Disclaimer for Download

 

 

8.1.    The Software is provided "as is", without warranty of any kind, either expressed or implied, including but not limited, to merchantability or fitness for a particular purpose or non-infringement, compatibility and security.

 

8.2.    The downloading and use of the Software is done entirely at your own discretion and risk. You assume full responsibility for any damage to your personal computer or loss of data resulting from the downloading of the Software. No advice or information, either written or oral, from MWEB to you will constitute any warranty of any nature.

 

8.3.    In no event shall MWEB or its suppliers be liable to you or any third party for any damages whatsoever relating to your downloading or use of the Software and Service, including without limitation, any direct, indirect, special, incidental, consequential or punitive damages, arising out of loss of data or profits whether we were expressly advised of the possibility of such loss or damage.

 

8.4.              Without limiting the foregoing, we will not be liable for:

 

8.4.1. any malfunction, or other failure of the Software, for whatever reason;

 

8.4.2. any loss or damage with regard to data or other data directly or indirectly caused by computer viruses or destructive code on the Software or on our supplier systems or negligence on our part; and

 

8.4.3. any event over which we have no direct control.

 

8.5.    We licensed the Software from the proprietor of the software, through an authorised reseller.

 

8.6.    MWEB does not warrant that the Software will be error free or free from interruption or failure.

 

8.7.    To the maximum extent permitted by applicable law, MWEB disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Software and the accompanying written materials.

 

8.8.    You hereby acknowledge that the Software may not be or become available due to any number of factors including without limitation periodic system maintenance, scheduled or unscheduled, acts of god, technical failure of the Software, telecommunications infrastructure, the Internet, or disruption. Therefore MWEB expressly disclaims any express or implied warranty regarding system and/or Software availability, accessibility, or performance.

 

8.9.    Under no circumstances and under no legal claim, whether in tort, contract or otherwise, shall MWEB, or its suppliers, licensors, distributors, partners (collectively “partners”), successors or assigns, be liable to you or any other person for any indirect, incidental, consequential or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of goodwill; work stoppage; hardware or Software failure, or other pecuniary loss) arising out of the use or inability to use the Software, even if such party has been advised of the possibility of such damages.

 

8.10.In no event will MWEBS’ total liability to you for all damages in any one or more cause of action, whether in contract, delict or otherwise exceed the amount paid by you for the Service.

 

 

The aforegoing provision shall be enforceable to the maximum extent permitted by applicable law.

 

 

Click here to view the MWEB general Terms and Conditions.