Webcash Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on August 9, 2009.
This Terms of Use Agreement sets forth the standards of use of the Webcash Online Service. By using the Webcash www.webcash.co.za website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.webcash.co.za. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
Webcash is providing Member with an online payment processing service for the purchase of goods or services from the releveant Merchant. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
Disclaimer of Warranties
The site is provided by Webcash on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Webcash makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Webcash shall have no liability for any interruptions in the use of this Website. Webcash disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
WEBCASH SHALL NOT be liable for any damages whatsoever, and in particular WEBCASH shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if WEBCASH has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Terms and Conditions of Use of Service
4.1 Webcash is providing the payment gateway service to the relevant Merchant in order to facilitate processing Merchant's transactions.
4.2 Each purchase Member makes using our payment gateway is subject to these Terms of Use as well as any additional terms and rules as given by the Merchant selling goods or services online as facilitated by the Webcash payment gateway (known as the "Purchase Terms"). Webcash merely acts as an agent for the Merchant, and collects payment from Member on behalf of such Merchant. Member is thus buying goods or services from the relevant Merchant and not from Webcash and Member's rights and obligations under the Purchase Terms are enforceable against and by such Merchant only, whereas these Terms of Use determine the rights and obligations you have as against Webcash. We cannot accept any liability for the goods or services purchased from the Merchant.
4.3 You will be required to provide the necessary payment details (such as credit card details) and to authorize payment of the amounts payable for the goods or services when submitting your purchase. Such authorization will allow us to obtain payment at any time after our confirmation of your purchase. Should we be unable to duly effect such payment for any reason your purchase may be cancelled and your goods may be resold to another customer without further notice.
4.4 WEBCASH shall not, in any circumstances, be liable for any loss of whatsoever nature which may be suffered as a result of the Member not receiving the goods or services purchased via the Webcash payment gateway.
4.5 Only the relevant Merchant can consent to the cancellation, return or exchange of any purchase in which event WEBCASH will act under the express direction of the Merchant. No WEBCASH employee or agent is entitled to agree to or allow the cancellation, return or exchange of any purchase. Under no circumstances will WEBCASH be responsible for the return and exchange of any purchase.
4.6 WEBCASH makes no representations whatsoever relating to the quality or fitness of purpose of any goods or services which are purchased via its payment gateway.
Indemnification
Member agrees to indemnify and hold Webcash, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
Merchants Account
All registered Merchants of the Service shall receive a password and an account. Merchants are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Merchant agrees to notify Webcash of any unauthorized use of Merchants' account or any other breach of security known or should be known to the Merchant. Merchants' right to use the Service is personal to the Merchant. Merchant agrees not to resell or make any commercial use of the Service without the express written consent of Webcash.
Modifications and Interruption to Service
Webcash reserves the right to modify or discontinue the Service with or without notice to the Merchant. Webcash shall not be liable to Merchant or any third party should Webcash exercise its right to modify or discontinue the Service. Merchant acknowledges and accepts that Webcash does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Member acknowledges that we are not responsible for the availability of, or the content located on or through, any third-party site. Member should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Member's use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
Disclaimer Regarding Accuracy of Content Provider ("Merchant") Information
Product specifications and other information have either been provided by the Merchants or collected from publicly available sources. While Webcash makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Webcash makes no warranties or representations whatsoever with regard to any product provided or offered by any Merchant, and you acknowledge that any reliance on representations and warranties provided by any Merchant shall be at your own risk.
Governing Jurisdiction of the Courts (Republic of South Africa)
Our website is operated and provided in the Republic of South Africa (although the website may be hosted overseas). As such, we are subject to the laws of the Republic of South Africa, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Republic of South Africa.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable provincial, national, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copywrited 2008 Webcash, with all rights reserved, or is the property of Webcash and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Webcash is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Webcash. WebcashTM and www.webcash.co.zaTM are proprietary marks of Webcash. Webcash's trademarks may not be used in connection with any product or service that is not provided by Webcash, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Webcash. All other trademarks displayed on Webcash's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Webcash.
Botnets
Webcash retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Webcash reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Webcash, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.