Notices & manuals

Notices & manuals (that don’t go anywhere else, but we have to have them, apparently)

The last time these terms where changed? November 2016

1 ISPA Notice (South Africa)

Clickatell (Pty) Ltd is a member of ISPA

Clickatell (Pty) Ltd is a member of ISPA. 1.1 Clickatell (Pty) Ltd is a proud member of ISPA and uphold the ISPA code of Conduct which is available at http://www.ispa.org.za/code.

1.2 In terms of section 75 of the Electronic Communications and Transactions Act ("the Act") Clickatell has designated the Internet Service Providers' Association (ISPA) as an agent to receive notifications of infringements as defined in section 77 of the Act.

Internet Service Providers' Association (ISPA)

Address: PO Box 518

Noordwyk

1687

Telephone: 010 500 1200

Email: takedown@ispa.org.za

2 PAIA manual

Need access to information? Here is our PAIA manual, but you could also just ask.

You can download our manual published in terms of the South African Promotion of Access to Information Act, 2000 here.

3 WASPA notice

We are a member of WASPA

3.1 Clickatell (Pty) Ltd is a member of Wireless Application Service Providers’ Association (WASPA) and is bound by the WASPA Code of Conduct. Here is their website.

3.2 Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure.

3.3 Clickatell may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint.

4 Message disclaimer…because sometimes wires get crossed

4.1 This disclaimer applies to any message (like an email, SMS, tweet or post) we publish or send (or which passes through our information system). It covers the message and any attachments.

4.2 If you received a message which was intended for someone else and for some unfathomable reason (!) are now reading this notice:

4.2.1 Please notify the sender using the contact details contained in the message. If this is not possible, then use the quickest means possible (like telephone, fax, telegraph, smoke signal, carrier pigeon). Then you must delete the message.

4.2.2 Don’t show the message or any of its contents to any person other than the named sender.

4.2.3 You may not print, save or store the message or any of its contents (including the personal information of the recipient) in electronic or physical form.

4.3 We own the content of our messages (and this message disclaimer), unless it is clear that someone else owns it. Copyright and other intellectual property laws protect the content.

4.4 While we try to prevent harm, damage, or loss that could relate to messages, we are not responsible or liable for any harm, damages, or losses (including any lost profits, business interruption, loss of programs or data on ICT systems, or data corruption) arising from any message, including loss caused:

4.4.1 by malicious software (malware);

4.4.2 if someone else changes a message, or it arrives incomplete or different to how it was sent;

4.4..3 by corruption of data, or any ‘denial of service’;

4.4.4 by the non-delivery or incorrect delivery of any message;

4.4.5 by interception of the message; or

4.4.6 loss caused by its transmission in an unencrypted medium.

4.5 We have taken reasonable precautions to check that our messages do not contain malicious software (malware), but we recommend that you virus check all messages you receive.

4.6 We make no offer, warranty or representation in our messages unless we state it specifically or if this is manifestly clear from the context.

4.7 Our messages are merely an invitation to do business. Our representatives are not authorised to conclude agreements or bind us by message, unless a duly authorised representative in accordance with the Clickatell internal Authorised Signatory Policy, confirms it.

4.8 However, we may rely on and hold you to your offers, warranties, representations or other statements you make in your messages.

4.9 The views or opinions expressed in any message are not necessarily ours. They may be those of the individual sender, in which case they are personally responsible (not us).

4.10 If any message contains offensive, derogatory or defamatory statements or materials, it is outside the sender’s scope of employment with us and only the sender can be held liable in their personal capacity.

4.11 We reserve the right to intercept, monitor, filter, view, block, archive, backup, delete or disclose all messages .

4.12 Employees do not have any privacy right in the creation, sending, receipt or storage of information (e.g. email messages, internet pages) on the systems of the organisation.

4.13 The laws of the state of California without regard to conflicts of laws principles, apply to any message.

4.14 We will resolve any dispute regards a message:

4.14.1 by negotiation (direct talks to try and agree how to end the dispute);

4.14.2 failing which mediation (talks in which a neutral third party tries to help the parties agree how to end the dispute);

4.14.3 failing which arbitration (a hearing after which a neutral third party makes a binding decision about the dispute).

4.15 The arbitration will be held in English in the city of our head office. This clause will not stop a party from applying to court for urgent interim relief (temporary help) while the dispute resolution process is being finalised.

4.16 We may change this disclaimer at any time. We will notify you of any changes by placing a notice in a prominent place on the website or by a message. You must review any amended disclaimer and check that you agree with it.