Terms and Conditions of Use :
We would like that you please read carefully through these Terms and Conditions Of Use and the Privacy Policies.
They set out the terms and conditions upon which the The Geek Trading cc website is made available to you and explain how we process and use your personal information.
YOU ACCEPT THAT YOU HAVE BEEN GIVEN AN OPPORTUNITY TO READ AND ACCEPT THESE TERMS AND CONDITIONS BEFORE USING ANY OF THE SERVICES OFFERED.
The Geek Trading cc recommends that you check these Terms and Conditions on each visit to this website.
If you are under 18 (eighteen) years of age, then your parent or guardian should read and accept this before you access or use this site. Please note that in some jurisdictions there are obligatory provisions in the consumer legislation that may be relevant to services provided under these Terms and Conditions.
Definitions within these Terms and Conditions:
i) "You/Your" means you the user;
ii) "We/Us/Our" means The Geek Trading cc and any associated company or subsidiary and where appropriate any suppliers;
iii) "Services" Means all the Free SMS service offerings, available through various channels: SMS and other messaging services, and those available on the web; content and search facilities.
iv) "The Geek Trading cc" means The Geek Trading cc t/a ”The Geek”;
v) "Contact Details" means your name, address (whether at work or at home), e-mail address and telephone numbers (whether mobile, work or home) which you have provided to us;
vi) User Information" means the Contact Details and other personal information including any later amendments or corrections made by you or when participating in competitions or by use of the Services;
vii) "Users" means the users of the Services collectively;
1. Your Personal Information
We respect your personal information and undertake to comply with all applicable data protection legislation from time to time in force.
You should be aware that:
(a) If we are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide your User Information provided on registration of the Services and/or information concerning your activities whilst using the Services we shall do so without first notifying you. Similarly, we will disclose your User Information and/or details of your use of the Services if we are compelled to do so by law without first notifying you;
(b) We reserve the right in our reasonable discretion and without prior notice to you to disclose details of your use of the Services to a person who makes a complaint or allegation in connection with your use, or the use of anyone under your control of the Services whether in connection with the matters set out in Clause 4 of these Terms and Conditions or otherwise.
We reserve the right to disclose your Contact Details and details of your use of the Services in such circumstances whether or not we are named as a party or a witness in any threatened or pending legal proceedings.
2. Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Services, including but not limited to, implied warranties or conditions of completeness, accuracy or currency.
To the fullest extent permitted by law we make no warranty that we or the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.
To the fullest extent permitted by law we give no warranty as to results or the accuracy of any information obtained through the Services.
To the fullest extent permitted by law we make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into or through it.
You should not act upon advice which needs individual interpretation without first consulting a suitably qualified practitioner.
You use the Services entirely at your own risk. We (including all group companies, our and their respective agents, employees and sub-contractors) shall not be liable to you or any other party for any losses or damages whatsoever howsoever arising in connection with the Services (whether under this license or other contract or in consequence of any misrepresentation, misstatement or in tort or any omission including negligence).
This does not affect your statutory rights.
3. Limitation of Liability
Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or any other liability which is prohibited from being excluded by law.
You acknowledge that we may not have control over the information which can be accessed by you using the Services and that we do not know or examine the use to which you or other Users put the Services or the nature of the information you or other Users are sending or uploading. Subject to Clause 3.1 above, we therefore exclude all liability of any kind for the transmission or reception of such information of whatever nature by or to you.
Subject to Clause 3.1 above:
(a) We exclude all liability of any kind for the information or any other material published or otherwise made available by you or any other User or person on any website you establish using the Services; and
(b) We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever howsoever arising from or in any way connected with your use of the Services or accessing other websites from it, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been notified by you of the possibility of such loss or damage).
You warrant that:
(a) you are 18 or over; and/or
(b) the User Information which you are required to provide when you register as a User is true, accurate, current and complete in all respects; and
(c) you agree to notify us immediately of any changes to the User Information by updating your profile or emailing us at email@example.com.
You are responsible for obtaining all necessary consents and permissions to use this website and access the Services offered and agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You must choose a username and password. You are then entirely responsible for maintaining the confidentiality of your username, password and account and are fully responsible for all activities, which occur under them during your use of them.
Other Users of your username and password shall be bound by these Terms and Conditions as if they were you.
You agree to notify us immediately of any unauthorised use of your username or password or any other breach of security of which you become aware.
Subject to Clause 14 below, we reserve the right to terminate your account (including User name and password) and to re-use any e-mail or other communication address issued to you by us.
You acknowledge, accept and agree that you:
(a) are responsible for procuring the necessary equipment to access and use the Services;
(b) are responsible for any content you transfer through the Services (including, but not limited to, email, web pages, newsgroups or chat Services;
(c) will use the Services only in accordance with all relevant laws and not for any illegal purpose;
(d) must not use the Services to distribute by any means computer viruses, macro viruses, trojan horses or worms to third parties;
(e) must not use the Services to transmit or post any material which is unlawful, harassing, libelous, invasive of privacy, abusive, threatening, harmful, vulgar, defamatory, offensive, or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
(f) must not use the Services such that you cause the whole or part of the Services to be interrupted, damaged, rendered less efficient or to in any way impair effectiveness or functionality of the Services;
(g) must not use the Services in any manner which constitutes a violation or infringement of any person, firm or company or its rights (including, but not limited to, third party intellectual property rights or confidentiality);
(h) must not use the Services to attempt any unauthorised access to any part or component of the Services or that of any third party;
(i) in the event that you have any right, claim or action against any User arising out of the use of the Services, then you will pursue such right, claim or action independently of and without recourse to us;
(j) must not carry out or participate in or promote or facilitate the carrying out or participation in any of the following:
i) sending unsolicited junk-mail or bulk email or spamming or commercial or non-commercial purposes;
ii) sending chain letters or pyramid-selling schemes;
iii) sending mail bombs (i.e. sending either many emails or very large emails with the intention of annoying the recipient or to cause the systems of an internet service provider to fail on receipt of such emails);
iv) altering or damaging the Services or our systems or those of related parties, or blocking our or their access to the Internet;
v) forging or blocking headers and/or addresses or any other action the purpose of which is to hide your true identity or discredit a third party;
vi) subscribing third parties to subscription based or other email lists unless you have express permission to do so;
vii) posting binaries (i.e. data such as images, sound clips, etc.) to newsgroups except those specifically created for binary postings; and
viii) the collection of User/third party emails for the purposes of third party supply, database collation or direct marketing.
The Services are intended to appeal to a wide range of audience and as such not all of the Services are suitable for use by children. Parents and guardians are reminded of the importance of supervising young children's use of the Services. Parents or guardians of children shall be responsible for the actions of any such children.
You acknowledge and accept that you only have a personal non-exclusive non-transferrable license to use and access the materials on the Service to search, view, copy and print out materials for your own use only according to the terms of this agreement and that you may not use any materials in whole or in part for commercial exploitation without prior written permission from us.
Without prejudice to any of the remedies or recourses The Geek Trading cc may have for the unauthorised assignment, transfer or use of the Service, all revenues derived by you from such unauthorised assignment, transfer or use shall belong solely to The Geek Trading cc.
You shall report any violations of these Terms and Conditions to the email address above.
You understand that we may provide extra services or attributes to the Services that are subject to charge.
You agree to indemnify us and our and their officers, directors and employees in full and immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you or any other person who may be authorised by you or for whom you are responsible or any other liabilities arising out of your use or the use by any person who may be authorised by you or for whom you are responsible (for example as an employer or as the parent or guardian of a child) of The Geek Trading cc and/or the Services.
We reserve the right to:
(a) close access to any features of the Services if your use of that feature is deemed excessive (i.e. leaving large volumes of email on the central servers) and against the interests of other Users of the Services;
(b) modify or discontinue, temporarily or permanently the Services with or without notice to you;
You confirm that we shall not be liable to you or any third party for any modification to or discontinuance of the Services.
Your continued use of any of the Services thereafter, will constitute acceptance of such changes. We reserve the right to terminate immediately without further notice your access to and use of the Services, if you do not accept any such changes.
7. Dealings with Advertisers
Your correspondence with, or participation in promotions of, advertisers or merchants found on or via the Services, including payment for and delivery of related goods, services and any other terms and conditions, conditions, warranties or representations, associated with such dealings, are solely between you and such advertiser or merchant.
You agree not to hold us liable for any loss or damage of any sort incurred whether directly or indirectly as the result of any such dealings or as the result of the presence of such advertisers or merchants on the Services.
We may provide or you may include in email links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources.
You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on such external websites or resources.
9. Back-Up of Content
You shall be responsible for keeping your own copies of all content published by you in connection with the Services. We will not be responsible for any file recovery or for files lost or otherwise deleted or removed by you.
10. Intellectual Property and Right to Use
You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, images, video, audio clips, games etc. presented to you through the Services or advertisers site whether in whole or in part is protected by local and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws and is owned or licensed to us and is vested in us or our licensors.
The material and content contained within the Services is for your personal use only and you agree not to (and agree not to assist or facilitate any third party to) modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute, commercially exploit or create derivative works of such material and content whether in whole or in part belonging to The Geek Trading cc or any third party proprietary rights and intellectual property except as provided for on the website or expressly authorised in writing by The Geek Trading cc. All rights are reserved.
All copies or print out of this website must include the copyright notice "© The Geek Trading 2008".
If you become aware of any such distribution or commercial exploitation you will let The Geek Trading cc know immediately.
We have no knowledge of any infringement of copyright on our site, or in the products we provide. However, if you believe we have infringed your copyright or trademark, please contact us firstname.lastname@example.org so we can remove the offending material or rectify the situation as soon as possible.
You agree that we may terminate your account (including your username and password) and delete or re-use any e-mail or other communication address issued to you by us and delete all emails, web space and other data stored on the Services by you or on your behalf if:
(a) We believe that you have breached these Terms and Conditions or acted inconsistently with the spirit of them.
(b) You fail to use the Services or any part of the Services at least once during a consecutive 90 day period.
(c) You acknowledge that we do not have to give you prior notice of any such termination
12. Incompatibility and Delivery
Although The Geek Trading cc offers services available for a number of GSM mobile phones; some services are still
only available on select mobiles.
This is an issue with the handset manufacturers, hence out of The Geek Trading cc control. You must obtain confirmation from your mobile service provider and/or mobile phone company that your mobile phone is compatible and able to receive our products before downloading any material and/or information from the Services.
You acknowledge that we are not responsible for any costs or losses incurred by you, damage to your mobile phone or loss of data resulting from any such incompatibility.
If the handset is switched off, out of range, or is incompatible, there is a possibility that the message will not reach the handset. Although The Geek Trading cc endeavour to provide the highest level of customer service at all times, we cannot be held responsible for factors beyond our control, which may affect the delivery of messages.
Any notice which we are required to give to you regarding the Services shall be made via SMS, email or regular mail, to the address provided by you in your User Information or the last update thereof provided by you in your User Information or the last update thereof provided by you.
We shall not be liable for any failure to deliver any notice to you where we have complied with this clause.
Each provision of these Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
15. No Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
16. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation and may be amended only by us on notice to you in accordance with Clause 16 (Notices) above.
Nothing in this Agreement shall constitute, or be deemed to constitute a partnership, joint venture, representative or agency relationship between you and us.
The section titles contained in these Terms and Conditions are for convenience only and have no legal or contractual effect.
19. Applicable Law
The Geek Trading cc from its office in South Africa controls this website (the "Territory").
By accessing this website, you accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in the Territory in accordance with South African law (except any principle of conflict of laws inconsistent with this requirement).
This website may be accessed throughout the Territory and overseas. The Geek Trading cc makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside the Territory.
If you access this website from outside of the Territory, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
Postal Contact Details The Geek Trading cc South Africa
Copyright © 2011 The Geek Trading cc. All Rights Reserved
75 Fourth Avenue, Highlands North, Johannesburg
"us/"our" means The Geek Trading cc South Africa and its associated companies.
Your privacy is important to us.
We are committed to protecting that privacy whenever personal information is requested from you. Personal information identifies you as an individual rather than one member of a group. Please read this policy to understand how we collect and use information and the rights you have to protect your privacy.
2. Personal Information You Enter - Consent
We ask for certain information from you so that we can provide you with the best content and Services we can. That is, content and Services you want to see and hear.
You don't have to give us personal information; you cannot interact with the Services without being a member and without disclosing anything about yourself. Especially, if you want to receive and / or utilize our Services.
3. Use of Your Personal Information
We and our commercial partners may use your personal data for billing purposes or in order to serve relevant advertising to you.
We may send you information, special offers and advertising by email, through SMS, within our regular newsletters, through one-off promotional offers or by telephone, should you opt into such offers.
We may receive information about you from reliable third parties and add it to our database. We shall ensure that such third parties operate a similar ethical policy to us in relation to your privacy. When we receive such information, we shall use it to improve the personalisation of our service.
4. Feedback and Complaints
If You have any questions or comments about our privacy issues, or if you have a complaint about how we are using your data, then please use the mechanisms provided on the website; such as to email us at email@example.com.
5. Mobile Notificatcations and Advertisements
Any member of The Geek Trading cc may subscribe to our mobile notifications and advertisements by completing the appropriate registration form and / or by selecting the appropriate option within the registration form.
By signing up to the Services you agree that we may send you emails, call you or we may send information to your mobile using SMS messages. If you do not want to receive the Services, then please do not complete the registration forms.
We may be paid for providing some of these Services to you.
The SMS messages may give you an option to request further information via a phone line or through another SMS message.
If you make such a request, the telephone line option will be charged at the relevant premium rate, depending on country of call and mobile operator.
The SMS charge will be at the relevant standard or premium rate.
Please note THERE IS NO OBLIGATION ON YOU TO MAKE SUCH A REQUEST.
The service may include: News flashes, competitions, special offers and commercial messages.
To unsubscibe from any of The Geek Trading cc 's mobile, alert and email Services, simply click on the relevant link in your welcome email or send an email to firstname.lastname@example.org.
For legal reasons, we will keep details of your account for 12 months or as otherwise required by law after you unsubscribe. This is in case you have cause to complain to us for any infringement of your rights.
6. Aggregated Data
We may disclose anonymised data (which will obviously involve us processing your data to anonymise it) to trustworthy third parties. Although you will not be identifiable by such data, it is possible that such data may be processed by such third parties so that you may then become identifiable.
7. Business Transfers
As we develop our business, it is possible that we may buy or sell assets. In the event that The Geek Trading cc or substantially all of its assets are acquired, then your personal information will be one of the transferred assets.
8. Information Protection
We protect personal information by establishing appropriate physical, electronic and managerial procedures to safeguard the personal information we collect from you. This helps prevent unauthorised access, maintains data accuracy and ensures that the personal information is used correctly. In order to carry out these security procedures, we may sometimes ask for proof of identity before we disclose personal information to you.
A cookie is a piece of information that is deposited by our computer server when you visit our website which is stored on your computer's hard drive by your web browser. On revisiting the website, our computer server will recognise the cookies, giving us information about your last visit.
Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may still use most of the features of our website, including purchasing items.
10. Data Profiles
We also utilise a personal profile page, which enables you to update your personal information at any time. This allows us to maintain accurate and up-to-date personal data.
We conduct research on our user's demographics, interests and behaviour based on the information provided to us upon registration, during a promotion, from our server log files or from surveys.
We do this to better understand and serve our users. You have the right to require its correction or removal from our records at any time. If you wish to be deleted from our database entirely then please use the mechanisms provided on the website, or e-mail us at email@example.com.
11. IP Addresses
Every time you connect to our website we store web server logs which show your IP address (the unique number which your machine uses when it is connected to the Internet); what you looked at; whether the page request was successful or not, and which browser you used to view the pages.
The use of this data is strictly for statistical purposes and personalisation purposes only. This helps us understand which areas of the site are of particular interest and also which pages are not being requested. It also tells us how many hits and page requests we get.
We comply with the data protection laws of the countries in which we operate.
We reserve the right to access and disclose your personal data to comply with applicable laws and lawful government requests, to operate our systems properly or to protect our users. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use on our website(s) and that use is deemed inconsistent with our terms and conditions.
The Geek Trading cc
Rules for Competitions, Promotions and Giveaways
* All JustSMSMe.co.za competitions, promotions and giveaways (hereafter referred to as promotions) are conducted in accordance with the provisions of Section 54 (1) of the Lotteries Amendment Act (46 of 2001).
* JustSMSMe.co.za promotions are open to all South Africans, unless otherwise stated. Promotions are not open to employees, agencies, prize sponsors or contractors of JustSMSMe.co.za, The Geek Trading cc or any person directly or indirectly involved in the organisation or running of the competition, or their immediate family members.
* No person may enter the same or any other competition hosted partly or in whole by JustSMSMe.co.za within twelve (12) months of winning the same or any other competition hosted partly or in whole by JustSMSMe.co.za.
* The judges' decision is final and no correspondence will be entered into.
* Prizes other than cash are not transferable, cannot be deferred or exchanged for cash and are not negotiable.
* Winners use and accept prizes at their own risk. JustSMSMe.co.za, The Geek Trading cc and the prize sponsors (and/or their respective agencies) cannot be held responsible for any accident, injury, or loss of property experienced as a result of winning, accepting and/or utilising prizes won.
* Prizes not collected/claimed within 6 months of being won will be disposed of at JustSMSMe.co.za’s discretion.
* By entering JustSMSMe.co.za promotions, entrants agree to adhere to competition rules and regulations, details of which entrants declare themselves conversant with.
* Any violation or attempt to violate any of the above rules will result in the immediate disqualification of the transgressor.
* JustSMSMe.co.za may disqualify a transgressor for entry into any other JustSMSMe.co.za promotions, for a period deemed appropriate by JustSMSMe.co.za Management.
* JustSMSMe.co.za and the prize sponsors reserve the right to cancel promotions at any time, if deemed necessary in their opinion, and if circumstances arise outside of their control and shall not be liable in anyway whatsoever to entrants in such event for any cause or action whatsoever.
* Winners may be required to have their details disclosed and appear on radio, television, the Internet or in printed publications.
* JustSMSMe.co.za reserves the right to alter rules or prizes at their own discretion. Such altered rules and prizes shall become effective immediately after being altered or on such date as may be determined by JustSMSMe.co.za. No entrant shall have any recourse against JustSMSMe.co.za as a result of the alterations of the rules or prizes.
* JustSMSMe.co.za will make every reasonable effort to deliver the prize described in the promotion's publicity, but cannot accept responsibility if the prize differs in whole or part from that advertised. Similarly, prize values quoted may differ from the actual value of the prize.
* The announcement of a winner on www.takemehome.co.za does not constitute a ruling by management that the winner has complied with the rules above. JustSMSMe.co.za may disqualify the entrant after the announcement should any rule transgressions be discovered.
* Please allow up to 6 weeks for delivery of prizes.