USAGE

1. Persons using the Optimus 01 (Pty) Ltd website for any reason whatsoever subject themselves to and agree to the terms and conditions and privacy policy of Optimus 01 (Pty) Ltd when accessing the website as set out below.
2. This website is intended to provide the user with content as seen fit by Optimus 01 (Pty) Ltd.
3. Without derogating from the terms and conditions, Optimus 01 (Pty) Ltd hereby authorises the user to view, copy, download to a local drive, print and distribute the content of this website, or any part thereof, provided that:
   1. such content is used for information and/or non-commercial purposes only; and
   2. any reproduction of the content of this website, or portion thereof, must include the following copyright notice: © Optimus 01 (Pty) Ltd 2006. ALL RIGHTS RESERVED.
4. Users that wish to use content from this site for commercial purposes may only do so with prior written permission from Optimus 01 (Pty) Ltd.

INTELLECTUAL PROPERTY RIGHTS

1. All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Optimus 01 (Pty) Ltd, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved.

ELECTRONIC COMMUNICATIONS

1. By using this website or communicating with Optimus 01 (Pty) Ltd by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be "in writing".

CHANGES AND AMENDMENTS

1. Optimus 01 (Pty) Ltd expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this website without prior notice.
2. Optimus 01 (Pty) Ltd reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.
3. Optimus 01 (Pty) Ltd reserves the right to change and amend the prices and rates quoted on this website without any notice. 
4. The user undertakes to check Optimus 01 (Pty) Ltd frequently and to acquaint themselves with the changes and/or amendments in the information and content supplied on the website.

EVOLUTION AND THE NEED FOR FLEXIBILITY

1. Some new Handsets, Service or Networks may not yet be supported by Optimus 01 (Pty) Ltd at the time of their launch. Optimus 01 (Pty) Ltd has a dedicated technical team who work constantly on supporting all Handsets and Networks, but due to the fast-paced evolution of the Industry we need flexibility in supporting these properly. As soon as Optimus 01 can support these Handsets and Networks Optimus 01 will do so.
2. Certain Network Operators may not have key coverage in place in all areas. As Optimus 01 (Pty) Ltd is dependant on the Networks for its Service Delivery Optimus 01 (Pty) Ltd is bound by these coverage maps and will also not be able to deliver in these areas. The user should contact their local Network for a list of recent areas that they do not cover.
3. Over time Optimus 01 (Pty) Ltd intends to expand the services that the User is offered. When a new service is introduced Optimus 01 (Pty) Ltd may impose special terms and conditions on the use of that service. 

PRIVACY POLICY, ADVERTISIING AND USER INFORMATION

1. Optimus 01 (Pty) Ltd is committed to bringing the User information, whether on the internet, by e-mail or by SMS, tailored to the User's individual needs and recognises the importance of protecting the privacy of personally identifiable information collected about its users. In adopting this customer privacy policy, Optimus 01 (Pty) Ltd's intention is to balance legitimate business interests in collecting and using information and the user's reasonable expectations of privacy. By using this site, the user signifies his/her assent to Optimus 01 (Pty) Ltd's Privacy Policy. If the user does not agree to this policy, the user should regrettably not use the service. The User's continued use of Optimus 01 (Pty) Ltd following the posting of changes to these terms will signify and mean acceptance of those changes.
2. Optimus 01 (Pty) Ltd collects information in several ways. Some personal information (such as a name, mobile number and e-mail address) is gathered when the user registers for the services, and more detailed information is collected for specific purposes - such as when the user is trying to link to his/her POP3 e-mail account. When the user is in a section of Optimus 01 (Pty) Ltd and is asked for personal information, the user is sharing that information with Optimus 01 (Pty) Ltd, its divisions and/or its third party service providers unless it is specifically stated otherwise.
3. Promotions that run on Optimus 01 (Pty) Ltd may be sponsored by companies other than Optimus 01 (Pty) Ltd or may be co-sponsored by Optimus 01 (Pty) Ltd and another company. Some or all data collected during a promotion may be shared with the sponsor.
4. Optimus 01 (Pty) Ltd's advertisers or websites that have links on its site may collect personally identifiable information about the user. The information practices of those websites are not covered by this privacy statement.
5. Optimus 01 (Pty) Ltd's primary goal in collecting personal information is to provide the users, with a better online experience, including interactive communications, online shopping and other services. By knowing a little about the user, Optimus 01 (Pty) Ltd and its partners are able to deliver more relevant advertisements and content and hence better service to the user.
6. Optimus 01 (Pty) Ltd delivers targeted advertisements on behalf of advertisers. Advertisers give Optimus 01 (Pty) Ltd an advertisement and inform Optimus 01 (Pty) Ltd on the type of audience the advertiser wants to reach. Optimus 01 (Pty) Ltd takes the advertisement and displays it to users meeting those criteria. In this process, the advertiser never has access to individual account information. Only Optimus 01 (Pty) Ltd has access to the user's information. This kind of advertisement targeting is done with banner ads, pop-up advertising, button ads as well as promotional e-mails.
7. Optimus 01 (Pty) Ltd conducts research on Optimus 01 (Pty) Ltd users' demographics, interests, and behaviour based on the information provided to Optimus 01 (Pty) Ltd upon registration, during a promotion, from Optimus 01 (Pty) Ltd server log files or from surveys. Optimus 01 (Pty) Ltd does this to better understand and serve its users. This research is compiled and analysed on an aggregated basis. Optimus 01 (Pty) Ltd may share this aggregated data with advertisers or business partners.
8. Optimus 01 (Pty) Ltd may send marketing information to users via SMS, MMS or email to inform users of new products, content and services. Messages are based on previous purchases, registration or use of Optimus 01 (Pty) Ltd.
9. Traffic: Web servers serving Optimus 01 (Pty) Ltd automatically collect information about which pages each user visits and the domain name of visitors. This information is used for internal review, to tailor information to individual visitors and for traffic audits. Optimus 01 (Pty) Ltd also provides this information (as well as information from third-party market researchers) about its users on an aggregated, anonymous basis to its advertisers. Any personally identifiable information provided by subscribers online as part of an online advertising promotion or in order to access a third party service may be provided directly to the advertiser or third party concerned.
10. Promotions: Many promotions offer opportunities to request additional information from sponsors. When the user requests more information about a particular promotion, their e-mail address may be shared with the sponsor of that promotion.
11. Shopping: If the user makes a purchase from an online store or merchant, the information obtained during their visit to those stores (including tracking information and cookies as described below as well as the information they give such as their credit card number and contact information) is provided to the merchants. This is to enable transactions to take place.
12. Third parties: Online merchants providing services in association with Optimus 01 (Pty) Ltd have separate privacy and data collection practices. Optimus 01 (Pty) Ltd has no responsibility or liability for these independent policies. For more information regarding the merchant, their store, and their privacy policies, return to that store's home page and click on the appropriate link.
13. Legal: Optimus 01 (Pty) Ltd may also disclose user information in special cases when they have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating its policies or may be causing injury to or interference with (either intentionally or unintentionally) Optimus 01 (Pty) Ltd's rights or property, other Optimus 01 (Pty) Ltd users, or anyone else that could be harmed by such activities.
14. Statistics and advertisements: Optimus 01 (Pty) Ltd may perform statistical analyses of user behaviour in order to measure interest in the various areas of its site (for product development purposes) and to inform advertisers as to how many consumers have seen or "clicked" their advertising banners. Optimus 01 (Pty) Ltd also uses demographic information to allow advertising banners on its Web site to be targeted, in aggregate, to the readers for whom they are most pertinent. This means that readers see advertising that is most likely to interest them, and advertisers send their messages to people who are most likely to be receptive, improving both the viewer's experience and the effectiveness of the ads. In this statistical analyses and banner advertisement targeting, it will disclose information to third parties only in aggregate form.
15. Information automatically provided (e.g. cookies) - this information is gathered to better the user's browsing and interaction with Optimus 01 (Pty) Ltd. Cookies cannot harm the user's computer or carry viruses.
    1. Most browsers are initially set up to accept cookies. The user can reset their browser to refuse all cookies or indicate when a cookie is being sent. However, note that some parts of Optimus 01 (Pty) Ltd will not function properly if cookies are refused. The user may occasionally get cookies from its advertisers. Optimus 01 (Pty) Ltd does not control these cookies. The use of advertising cookies sent by third-party servers is standard in the Internet industry.
16. Optimus 01 (Pty) Ltd also logs IP addresses, or the location of the user's computer on the Internet. An IP address is a number that's automatically assigned to the user's computer whenever the user is surfing the Web. Optimus 01 (Pty) Ltd collects IP addresses for the purposes of system administration, to report aggregate information to its advertisers, and to audit the use of its site. When users request pages from the Optimus 01 (Pty) Ltd network, its servers log the users' IP addresses. Optimus 01 (Pty) Ltd does not normally link IP addresses to anything personally identifiable, which means that a user's session will be logged, but the user remains anonymous to Optimus 01 (Pty) Ltd. Optimus 01 (Pty) Ltd can and will use IP addresses to identify a user when Optimus 01 (Pty) Ltd feels it is necessary to enforce compliance with Terms and Conditions of use or to protect Optimus 01 (Pty) Ltd's service, site, customers or others.
17. Users should be aware that when they are on Optimus 01 (Pty) Ltd, they could be directed to other sites that are beyond Optimus 01 (Pty) Ltd's control. There are links to other sites from Optimus 01 (Pty) Ltd's pages that take the user outside its service, e.g. clicking on a banner advertisement. These other sites may send their own cookies to users collect data or solicit personal information. Optimus 01 (Pty) Ltd does not control the privacy policies of its business partners, advertisers, sponsors or other sites to which it provides hyperlinks. Users should keep in mind that whenever they give out personal information online that information can be collected and used by people they don't know. While Optimus 01 (Pty) Ltd strives to protect its user's personal information and privacy, it cannot guarantee the security of any information the user discloses online and does so at their own risk.
18. The importance of security for all personally identifiable information associated with Optimus 01 (Pty) Ltd's users is of utmost concern and importance to Optimus 01 (Pty) Ltd. Optimus 01 (Pty) Ltd exercises great care in providing secure transmission of the user's information from their PC or phone to its servers. Unfortunately, no data transmission can be guaranteed to be 100% secure. As a result, while Optimus 01 (Pty) Ltd strives to protect personal information, Optimus 01 (Pty) Ltd cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and the user does so at their own risk. Once Optimus 01 (Pty) Ltd receives the user's transmission, Optimus 01 (Pty) Ltd makes its best effort to ensure its security on Optimus 01 (Pty) Ltd's systems.

COPYRIGHT POLICY

1. Optimus 01 (Pty) Ltd respects the Intellectual Property of others. Optimus 01 (Pty) Ltd may, in appropriate circumstances and at its discretion, terminate its relationship with users and or Content Providers who infringe the Intellectual Property Rights of others.
2. If a user believes that their work has been copied in a way that constitutes a Copyright Infringement, please provide Optimus 01 (Pty) Ltd support team with the following information:

a.  An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest

b.  A description of the copyrighted work that the user claims has been infringed

c.  A description of where the material that the user claims has been infringed is located on the site

d.  The user's address, telephone number, and email address

e.  A statement by the user that the user believes, in good faith, that the disputed material has been used without the authorisation of the copyright owner, or authorised agent

f.  A statement by the user, made under penalty of perjury, that the information furnished in support of the user's claim is accurate and that the user is the copyright owner or authorised to act on the copyright owner's behalf.

g.  Please forward the information to No 1 Capricorn Office Estate, Capricorn Road, Lonehill Upper East Gauteng South Africa - which is the domicile executandi for Optimus 01 (Pty) Ltd.

LINKING AND FRAMING

1. Any third party site may link to this website provided that such a link is directed at the home page of this website. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of this website, without the prior written approval of Optimus 01 (Pty) Ltd.
2. It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of Optimus 01 (Pty) Ltd.

ACCESS TO OPTIMUS 01 (PTY) LTD AND REGISTRATION

1. As Optimus 01 (Pty) Ltd evolves certain services may require a minimum equipment, specific settings or bandwidth specification. It is the user's responsibility to ensure that they have the right equipment, settings or bandwidth for these services at the time of access. Optimus 01 (Pty) Ltd is not liable for any failure to use Optimus 01 (Pty) Ltd caused by the User's failure to do so.
2. Some parts of Optimus 01 (Pty) Ltd may be accessible only to users who subscribe or pay a "per-use" charge. These sections will be clearly marked.
3. On registration the User must provide accurate and complete information as prompted by the registration form or any other request made by Optimus 01 (Pty) Ltd ("User Data"). If the user does not complete the mandatory information fields (marked with an asterisk) the registration will be rejected.
4. If any User Data changes the User must change, maintain and promptly update the User Data to keep it accurate and complete. If the User does not or if Optimus 01 (Pty) Ltd has reasonable grounds to suspect that any User Data is inaccurate or incomplete Optimus 01 (Pty) Ltd may suspend or terminate the User's account and access to the services.

USER OBLIGATIONS

1. The User acknowledges that by using Optimus 01 (Pty) Ltd and/or accessing third-party links the User may be exposed to content that is of an adult nature or is offensive, indecent or objectionable. Optimus 01 (Pty) Ltd is not responsible for any such content and the User must use his/her discretion in whether or not the User may suffer harm as a result of access to this content.
2. The User must not use Optimus 01 (Pty) Ltd in any way (including to transmit any content) that is contrary to any applicable law or regulation or these Terms, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of privacy, hateful, or racially, ethnically or in any way otherwise objectionable.

AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

1. No information or data on this website is an offer but merely an invitation to do business.
2. No agreements shall be concluded merely by sending a data message to this website or its owners, valid agreements require an acknowledgement an offer, of receipt from this website.

SEARCHING TECHNOLOGY

1. The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this website is not permitted if such technology will result in slowing down this website server or copyright infringement of any data and information available from this website. Data and information may only be used in compliance with sections 5 to 8 hereof.

LINKS TO THIRD PARTY SITES

1. Optimus 01 (Pty) Ltd may provide links to the user only as a convenience and the inclusion of any link does not imply Optimus 01 (Pty) Ltd's endorsement of such sites.
2. Linked websites or pages are not subject to the control of Optimus 01 (Pty) Ltd. Optimus 01 (Pty) Ltd shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website.

SECURITY OF INFORMATION

1. All reasonable steps will be taken to secure a user's information.
2. Users undertake not to divulge their user name and passwords to any other person.
3. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that Optimus 01 (Pty) Ltd should suffer any damage or loss, civil damages will be claimed.

DISCLAIMER

1. Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, Optimus 01 (Pty) Ltd shall not be held liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website. Furthermore, Optimus 01 (Pty) Ltd makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
2. This website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Optimus 01 (Pty) Ltd that the service is available from and through this website will meet the user's individual requirements and be compatible with the user's hardware and/or software.
3. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Optimus 01 (Pty) Ltd and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
4. All items purchased from Optimus 01 (Pty) Ltd are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Optimus 01 (Pty) Ltd to such agents upon delivery of any item to such carrier.
5. Neither Optimus 01 (Pty) Ltd nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product, content of purchase on this website.
6. Postings of any kind posted to this website or e-mail sent to this website are not editorially controlled and therefore Optimus 01 (Pty) Ltd cannot be held liable for illegal or unconstitutional content. The user indemnifies Optimus 01 (Pty) Ltd from all liability in this regard.
7. Where Optimus 01 (Pty) Ltd links the User to websites, WAP sites, Content Providers, Service Providers and Network Operators and information located worldwide throughout the Internet Optimus 01 (Pty) Ltd has no control over such sites and information and therefore offers no guarantee for such sites and information with regard to the accuracy, currency, content, or quality of any such sites and information.
8. The aggregate liability of Optimus 01 (Pty) Ltd under this Agreement or any other Agreement between the parties shall not exceed R5000.00

SEVERABILITY

1. These Terms and Conditions of Use constitute the entire agreement between Optimus 01 (Pty) Ltd and the user of this website. Any failure by Optimus 01 (Pty) Ltd to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
2. In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

APPLICABLE AND GOVERNING LAW

1. This website is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this website and these terms and conditions.

CONTACT INFORMATION

1. If you have any questions, queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at:

PO Box 501

Cramerview

Gauteng

South Africa

2060

Or

0027 11 463 2040