Terms & Conditions

1. Introduction

By subscribing to or using any of our service you agree that you have read, understand and are bound by:

  • the terms that apply to all our services set out at: [www.iwayafrica.com] (General Terms / or Standard Terms and Conditions as applicable); and
  • the User Rules set out herein (User Rules) available at: [www.iwayafrica.com].

If you do not want to be bound by the General Terms or the Standard Terms and Conditions as applicable and the User Rules, you must not use or subscribe to any service.

While some of these User Rules may be of greater relevance to particular services or access technologies, you are bound by all of these User Rules regardless of the service or access technology you use.

2. General Principles

We provide you with services that enable you to access and use a range of online content and tools.

Within the service environment you may interact with us, with other subscribers and the Internet community at large. These rules are provided with the aim of ensuring the continued existence of the service environment within which the rights of all participants are respected.

3. Definitions

In these User Rules:

Abusive Content means content (including (without limitation) words and images) which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;

Destructive Code means any computer code which:

  • is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as “viruses”, “trojan horses” or “worms”);
  • would disable any software, hardware or network or impair in any way its operation based on the elapsing of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as “time bombs”, “time locks”, or “drop dead” code);
  • would permit any person to access any software, hardware or network of any other person without consent (generally referred to as “trap”, “access code”, “back door” or “trap door” codes); and
  • any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or network(s) of any person and / or network operator to cease functioning or degrade the functioning of same or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations;

Communication Facilities includes (without limitation) assess circuits, e-mail, internet access and browsing, VoIP services, instant messaging, SMS, chat rooms, multi-media services, discussion boards and similar facilities used for the purposes of communicating in real-time or otherwise with other persons whether they are subscribers or not;

Fraud means fraud as it is understood in its commonly used legal context which includes (without limitation) solicitation or inducement of any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, “pyramid schemes” or “chain letters”;

Intellectual Property Rights means any and all rights, title and interest in (whether registered or not) any intellectual property, including, past and future copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill and all other identical, associated or similar intellectual property rights as may exist anywhere in the world and any applications for registration of such rights;

Misrepresentation includes (without limitation):

  • actions designed to deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact, thing or circumstance;
  • impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose;
  • altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations; and
  • forging or otherwise manipulating origination details and data on any electronic data message generated by or over our Communication Facilities with a view to disguising or deleting the origin of anything posted or transmitted using our Communication Facilities utilising any software or hardware methods used to disguise or misrepresent your own Internet protocol address;

Spamming includes (without limitation) the posting or cross-posting of unsolicited communications using our Communication Facilities;

System Abuse means any conduct which does or may:

  • damage, impair, overburden, degrade or disable any system of any person (including us) using our services;
  • interfere with any other person’s use of the Internet or internet protocol bases access or services or of our services;
  • compromise or tamper with the security of our or any other person’s software, hardware, systems, networks, data or services including (without limitation) Spamming and mass messaging, the use of software and technologies known as “floodbots”, “clonebots”, “automated client” (such as “bots” or “fserv”) and denial of service attacks.

4. General rules

You agree that, when you use our services, you will not:

  • do anything which violates any of our General Terms or Standard Terms and Conditions as appropriate and as apply to the service(s) being used ;
  • carryout Spamming in relation to our Communication Facilities;
  • make any Misrepresentation;
  • post or transmit any Abusive Content by means of our Communication Facilities;
  • replicate or store Abusive Content on any of our servers;
  • do anything that does not comply with generally accepted Internet etiquette including (without limitation) use capitalised text excessively, use inflammatory or antagonistic criticism (“flaming”), or wastefully and unnecessarily include previous communications in any postings;
  • commit or attempt to commit Fraud;
  • violate or infringe any Intellectual Property Rights;
  • perform System Abuse;
  • propagate, distribute or transmit Destructive Code, whether or not damage is actually caused thereby;
  • cancel any communication of any third person or repeatedly post gratuitous off-the-topic communications;
  • read and act upon any communication which was not intended to be received by you or fail to delete such communication;
  • gather personal or commercial information including (without limitation) e-mail addresses and/or names from any Internet facilities, whether managed by us or by any third party, for commercial, political, charity or any other purpose without the explicit consent of the owners of such information;
  • violate the privacy of any person;
  • reproduce, replicate, copy, sell or re-sell any of:
    - our services or any part thereof (including (without limitation) websites and web pages, or any services that constitute the provision of telecommunications services in terms of applicable legislation); or
    - the information or data contained in or on our services;
  • without our explicit consent and agreement use any of our services for any commercial purposes or for financial gain including (without limitation) the use of our services for advertising or marketing purposes;
  • repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient;
  • transmit content that you do not own or do not have the right to publish or distribute, whether under law of any applicable jurisdiction or contract;
  • access any of our services or any similar service of any third party or any network operator without authorisation or through hacking, password mining or any other similar or associated means;
  • perform any illegal activity/ies including (without limitation) promoting or facilitating access to, committing a crime or use of or sale of dangerous substances or devices; or
  • help any third party to do any of the above.

5. Third party use rules

When you access or use a third party facility, service and / or product by means of our services, you will comply with all rules of use (if any specified) of that third party facility, service and / or product in addition to these User Rules.

To the extent that there is a conflict between the third party’s rules of use and these User Rules, you are expected to conduct yourself in a manner which is least prejudicial to our interests.

6. Enforcement of User Rules

If, in our discretion, we have any reason to believe or think that you are in breach any of the User Rules, then we may, without prejudice to any other rights which we may have in terms of the General Terms or Standard Terms and Conditions as applicable or under any applicable law, to:

  • give you a warning;
  • without notice, stop, suspend or terminate your use of and or access to any services; and / or
  • disclose any of your Private Information to the relevant authorities, law enforcement agencies and / or persons affected by your conduct.

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