TERMS AND CONDITIONS

LICENSE:

• Subject to these Terms and the payment of any fees as applicable, MPU Group grants you a limited, non-exclusive, non-transferable, revocable right to use the MPU Group applications and the content solely for your personal, non-commercial use (e.g., accessing, viewing and using the content on screen in a web browser (including any web browsing capability built into other types of software or app); printing paper copies for personal use, downloading extracts or electronically saving limited portions of content for later and/or offline viewing). All other rights are expressly reserved by MPU Group.
• You may not use any content downloaded, copied, printed or otherwise saved for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so. (This does not prohibit the normal access, viewing and use of the content for general information purposes whether by business users or consumers.) You may not systematically copy content with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given our express permission to do so.
• Subject to the exceptions above, you agree that you will not, unless specifically permitted by us (i) otherwise reproduce, copy, display, sell, rent, sub-license, store distribute or in any other manner re-use or exploit any part of the content or MPU Group Applications, in any medium, (ii) alter or modify any part of the MPU Group Applications other than as may be reasonably necessary to use the MPU Group Applications for their intended purpose, (iii) alter any content or change or remove any copyright or other proprietary notices; or (iv) install, post or distribute any part of the content on any electronic network, including without limitation the Internet and the World Wide Web, or create a database (electronic or otherwise) using any portion of the MPU Group Applications or content, in each case without MPU Group’s prior written consent.

NO INTERFERENCE

• You will take no action to interfere with, interrupt, destroy or limit the functionality of the MPU Group Applications or any computer software or hardware or telecommunications equipment. You may not use the MPU Group Applications in any manner that could damage, disable, overburden, or impair any MPU Group server, or the network(s) connected to any MPU Group community server, or interfere with any other party’s use and enjoyment of any MPU Group Applications. You may not attempt to gain unauthorized access to any MPU Group Applications, other accounts, computer systems or networks connected to any MPU Group server or to any of the MPU Group Applications, through hacking, cracking, distribution of counterfeit software, password mining or any other means.

PRIVACY POLICY:

• MPU Group has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that the transmission of information online is never 100% secure and that you provide your personal information at your own risk.
• The Customer acknowledges that information may be requested and shared in terms of its Promotion of Access to Information Act (“PAIA”) Manual.
• You undertake not to post to or send via this website any materials that are or could reasonably be construed as (i) defamatory, libellous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which you have not obtained all necessary licenses and/or approvals; or (iv) violating any other law.

DISCLAIMER:

• In addition to the General Terms and Conditions and notwithstanding anything to the contrary, MPU Group does not warrant that the Service is fit for purpose or will be uninterrupted, error-free or completely secure. The selection of the device and the manner of installation thereof shall at all times be based on the assessment by the Customer of its requirements and the Customer acknowledges and agrees that it does not, and shall not, rely on any information supplied or recommendations made by MPU Group relating thereto. The parties agree that no other conditions, warranties or representations whether oral or written, and whether express or implied, whether by statute or otherwise shall apply hereto.

Copyright:

• All content included on this website, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of MPU Group or its content suppliers and protected by South African and international copyright laws.

Liability Disclaimer:

• The information, services, products and materials published on this website, including without limitation, text, graphics and links are provided on an “as is” basis. MPU Group makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, contents, materials, or products included on this site.

INTERRUPTION OF SERVICES

• Services may be interrupted owing to circumstances beyond our control (including for example loss of service from our suppliers, lightning, fire or natural events).  We will not be responsible for any losses that may occur because of such interruptions (this is highlighted because we are required to bring this to your specific notice in terms of Section 49 of the CPA).

PRIVACY, INTELLECTUAL PROPERTY:

• MPU Group or its licensors, suppliers or other designers owns all rights, titles and interest in and to the Content and the MPU Group Applications (including all materials, including but not limited to all text, logos, photographs, graphics, images, illustrations, designs, icons, algorithms, business logic, modules, programs, links and other materials). All Content is protected by the applicable South African and international intellectual property laws. You shall not, and shall not permit anyone else to, reproduce, copy, distribute, publish, transmit, broadcast, sell, license or otherwise access or use all or any part of the Content or any information contained therein without the prior written consent of MPU Group.

VIOLATION AND WAIVER:

• Should you violate these Terms and Conditions or any other rights of MPU Group, MPU Group reserves the right to pursue any and all legal and equitable remedies against you. If MPU Group should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
• You undertake not to post to or send via this website any materials that are or could reasonably be construed as (i) defamatory, libellous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which you have not obtained all necessary licenses and/or approvals; or (iv) violating any other law.
• You waive (this means agree not to pursue) any claim that you otherwise might have had against us or our employees, members or directors arising from the installation and use of the equipment and the services unless this arises from our gross negligence.

LEGAL REMEDIES:

• In the event of MPU Group instructing its attorneys to enforce the agreement for whatever reason then the customer shall be liable for and pay all legal costs (“on an attorney and Customer basis”) incurred by MPU Group including collection commissions, tracing fees, disbursements and other fees incurred as a result thereof.