Post Office eBDN service agreement

IMPORTANT READ THIS USER AGREEMENT FIRST BEFORE YOU USE THE eBDN Terms and Terminology: "eBDN" means the capturing of bulk mail related information and the placing of an electronic order by the South African Post Office's customers on the electronic bulk mail delivery note system provided by the South African Post Office to its customers. "Information" data, content, communications, transmissions and other items, tangible or intangible available through the eBDN system. "personal data" personally identifying information or sensitive data (including but not limited to names, addresses, account numbers, contacts, other personal details and credit information) "We", "our" or "us" the South African Post Office "Customers", "users", "you" or "your" any person who accesses the Website "Terms of Use" the Terms of Use in respect of the Website set forth in the homepage of the Website "User Agreement" the User Agreement set forth below and as amended by the South African Post Office from time to time "Website" www.postoffice.co.za and other website(s) from time to time hosted by the South African Post Office. the singular includes the plural and vice versa; the expressions "including", "for example" and similar expressions are not words of limitation; references to anything, amount or group of persons are references to the whole and each part of that thing or amount, and all and each person in that group; and references to time are, unless otherwise stated, to South African time. "ITS" Internet Transaction Server. Server that facilitates web communication between Internet (customer) and SAP, the South African Post Offices legacy system. The South African Post Office makes the eBDN system available to you subject to the terms and conditions of this user agreement and the terms of use. 1. Access 1.1 The South African Post Office may prevent or restrict any user from accessing the eBDN system without need to give any reason. 1.2 By using the eBDN system, you warrant that: ( a ) all actions needed to authorise your entry into and performance of this User Agreement have been taken; ( b ) this User Agreement constitutes your legal, binding and enforceable obligations; and ( c ) the information provided in respect of your order is true, complete and current. 2. Your Information 2.1 You agree to provide such information as may be reasonably requested by The South African Post Office for the purpose of permitting you access and use of the eBDN, processing your order and establishing the means by which you can lodge your mailings electronically. 2.2 Although digital certificate exchange is enabled for the eBDN, all your information (including those relating to your account and your personal data) is sent at your sole risk to the Internet Transaction Server (ITS) For example, unauthorised third parties may be able to submit such information. 2.3 You agree to notify the South African Post Office promptly if there is any change in your telephone number, address, electronic mail address and account numbers, expiry dates and details. Any such notification is binding on you. 2.4 The information provided by you to ITS may be used by the South African Post Office for the purposes of incorporation in any database operated by the South African Post Office (and may therefore become available use by us) and sending any promotional and other material to you. 3. Usage of the eBDN 3.1 You may not transfer all or any of your rights or obligations under this User Agreement to any other person, or permit any other person to use your Logon ID or Password (if applicable). 3.3 The copyright in the Information is owned by the South African Post Office. 3.4 Our obligations to provide the eBDN system will be suspended if and for so long as any circumstances occur which prevent us from being able to provide the eBDN system. 3.5 The Information features or functions which are available to one class of users eg account facility may not be available to another class of users e.g. pre-paid facility. We may group users into different classes using any criteria we deem fit. 3.6 The amount of Information which may be available to a user during any period: ( a ) may from time to time be limited or changed by us without notice to that user; and ( b ) may be different from that available to another user. 4. Payment 4.1 You agree to pay all charges for the items lodged by you at such prices and in accordance with the billing terms as are in effect from time to time. 4.2 The South African Post Office's record of the charges payable by you is, save to the extent of manifest error, conclusive and binding on you. 4.3 Your on-line lodgement may be paid by credit card through the Post Offices electronic bill presentment and payment system when it becomes available. 4.4 Payment for orders shall be made in South African currency (Rand). 4.5 The South African Post Office may charge for any service and/or product it offers and will publish the amount or rate therefore, identifying the services and/or products concerned. By requesting, commencing or continuing the use of the relevant service or ordering such a product/service at any time after such notification, you agree to pay The South African Post Office such charges. 4.6 Your access to the eBDN system may be suspended by The South African Post Office at any time in the event of late payment or non-payment or when any applicable credit limit has been reached. The South African Post Office is entitled thereupon to collect all accrued charges incurred by you. Your access to the eBDN system will not be restored until all such charges have been paid to The South African Post Office. 4.7 The South African Post Office may from time to time prescribe a minimum lodgement amount applicable to the creation of the sales order. 4.8 All your bulk mail lodgements, once submitted on-line can not be re-called but can be cancelled and amended as per your request - please refer to the NIP6 form (Non-Conformance form) on the eBDN website. 5. Equipment You are responsible for providing and maintaining necessary telecommunication lines and equipment to access the eBDN system and for all associated costs. 6. Logon ID and Password 6.1 A Logon ID and Password may be provided to you in relation to certain services available from the eBDN website. You are solely responsible for protecting the confidentiality of your Logon ID and Password and against any unauthorised use. 6.2 Your Logon ID and Password may not be changed without the South African Post Office's prior consent or authorization. 7. Disclaimer & Limitation of Liability 7.1 Use of eBDN website is at your sole risk. 7.2 The South African Post Office and any of its subsidiaries do not warrant guarantee or assume any responsibility that: ( a ) the Information is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference, or that any results may be obtained from using the Information. ( b ) the Information is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment; ( c ) access to the eBDN system will be available or be uninterrupted; or ( d ) defects in the eBDN's will be corrected. 7.3 The Information may not be regarded as any recommendation or endorsement by the South African Post Office for any purpose with respect to any person, product or service. 7.4 Without limiting the foregoing, eBDN site is provided to you on an "AS IS" AND "AS AVAILABLE" basis. The eBDN site IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 7.5 In no event will we or our subsidiaries be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Information and/or your purchase, or inability to purchase, publications from the eBDN site. 7.6 You will exercise and rely solely on your own skill and judgement in your use and interpretation of the Information and/or the publications available from the eBDN site. You are responsible to ensure that your use of such Information and/or the publications available from the eBDN site complies with all applicable legal requirements. 7.8 The limitation of liability contained in this User Agreement will apply to the fullest extent permitted by applicable laws. 8. Changes to eBDN site 8.1 The South African Post Office may at any time change or remove the contents or any function, aspect of feature, or change the presentation, of the eBDN site including hours of availability and equipment (hardware and software) needed for access or use. 8.2 The South African Post Office may at any time: ( a ) change, add to, delete or modify any provisions in this User Agreement; and ( b ) change the amount or method of calculation of the charges payable by you or impose new charges. 8.3 Any change, removal or addition under Clauses 8.1 or 8.2 above will be effective immediately upon notice thereof being posted on the eBDN site or otherwise given to you. Any use of eBDN site by you after such notice will constitute your acceptance of such change, removal or addition. 9. Indemnity You agree to defend, indemnify and hold us and the South African Post Office's subsidiaries harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of this User Agreement and/or your use of the eBDN site. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action. 10. Hyperlinks Any hyperlinks to other sites do not amount to an endorsement by us or our subsidiaries of those sites. Neither we nor our subsidiaries assume any responsibility for anything once you have exited eBDN site and the Website. 11. Affiliates This User Agreement is for the benefit of our Affiliates, and us and each of them and us has the right to enforce this User Agreement in our or (as the case may be) their own name against you. 12. Termination The South African Post Office may at any time terminate your access to eBDN site with immediate effect, without need to give any reason. Termination of your right to access or use the eBDN site will not affect any right accrued to the South African Post Office or you under this User Agreement prior to such termination or any purchases and/or subscriptions made prior thereto. 13. Notices 13.1 The South African Post Office may give notice to you by means of a general notice on the eBDN site, or by ordinary mail to your address, by facsimile to your facsimile number or by electronic mail to your electronic mail address on the South African Post Office's record. Any notice sent by a general notice on the eBDN site or to your facsimile number or electronic mail address is deemed to be received on the day sent. 13.2 You may give notice to the South African Post Office by contacting the Accounts Receivable division as indicated under Frequently Asked Questions (FAQ) or ordinary mail to P O Box 10 000, Pretoria, 0001. 14. Entire Agreement This User Agreement constitutes the entire agreement between The South African Post Office and you with respect to the subject matter hereof, and supersede all other written or oral agreements and representations, and any provisions in any documents sent by either party to the other, with respect to such subject matter. 15. Partial Invalidity The illegality, invalidity or unenforceability of any provision of this User Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision. 16. Miscellaneous No waiver by either party of any breach under this User Agreement will amount to a waiver of any other breach. The headings in this User Agreement are for convenience only and do not affect interpretation. 17. Governing Law and Jurisdiction This User Agreement and transactions on the eBDN website shall be governed by the Electronic Communications and Transactions Act, and any other relevant Act applicable in the Republic of South Africa.

« Back	|	Next »
( Page 47 )