Terms and Conditions

1.1    In terms of section 11 of the ECT Act, these Terms and Conditions are valid, binding and enforceable against all persons that access the Telkom websites, web pages or any part thereof.
1.2    By accessing the Telkom websites, web pages or any part thereof for any reason whatsoever, the User agrees to the terms and conditions as set out below and the Telkom Privacy Statement incorporate herein by reference.
 

2.1    “ECT Act” means the Electronic Communications and the Transactions Act 25;
2.2    “POPIA” means the Protection of Personal Information Act 4 of 2013;
2.3    “Telkom” means Telkom SA SOC Limited, a company duly registered in terms of the South African Company Laws with registration number 1991/005476/30, including its, divisions, operating business units and, where relevant, subsidiaries; 
2.4    “Terms of Use” means the terms and conditions of use as set out in this document; 
2.5    “User” means any person, whether a natural person or juristic entity, who accesses or uses the Telkom websites, notwithstanding that such a person only visits the Telkom website home page;
2.6    “Website” means https://vsgaming.co.za operated and owned by Telkom, including any page, part or element thereof.
 

3.1    The Website is intended to provide the User only with information regarding Telkom and the services it offers and / or products it sells. Telkom does not warrant the accuracy or correctness of any information published herein and shall not be liable for any losses incurred or damages suffered arising from reliance on the information provided on the Website.
3.2    Content from the Website may not be used or exploited by Users for any commercial or private purposes without prior written consent of a duly authorised official of Telkom, which consent Telkom may withhold in its sole and absolute discretion.
3.3    Users may not use the Telkom website for:
3.3.1    Illegal purposes;
3.3.2    Harmful purposes; and
3.3.3    The creation, storage and sending of unsolicited commercial communications. 
3.4    Should any User use content from the Website in breach of the provisions detailed herein, Telkom:
3.4.1    Reserves the right to claim damages from the User; 
3.4.2    Reserves the right to institute criminal proceedings against the User; and 
3.4.3    Shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who may have obtained consent from the User.
3.5    Hyperlinks to the Website from any other source shall be directed at the home page of the Website. Links beyond the Telkom home page may only be used with Telkom’s prior written consent from a duly authorised employee.
3.6    Telkom shall not be liable, in any manner whatsoever, for any damage, loss or liability resulting from the use of content, products or services available from the Website, if such content, products or services was accessed through a hyperlink not directed at the home page of the Website. Persons that wish to link to pages beyond the home page of the Website without Telkom’s prior written consent shall do so at their own risk and they indemnify Telkom against any loss, liability or damage that may result from the use of such hyperlinks. Telkom’s exclusion from liability for deep linking is based on the fact that deep links bypass these terms and conditions.
3.7    Apart from bona-fide search engine operators and use of the search facility provided on the Website by Users, no person may use or attempt to use any technology or applications (including but not limited to web crawlers, robots or web spiders) to search, collect or copy content from the Telkom websites for any purpose whatsoever, without Telkom prior written consent from a duly authorised representative. No modification and/or reverse engineering whatsoever of any content of this website is permitted; and
3.7.1    E-mail addresses, names, telephone numbers and fax numbers published on the Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Telkom websites may be used to send unsolicited communications to Telkom,                     its customers or any other party and section 45 of the ECT Act shall apply in full in respect of Telkom and the Website unless reliance on any provision thereof is                             expressly waived in writing by a duly authorised representative of Telkom.
 

4.1 Telkom may amend these Terms of Use at any time in its sole discretion without prior notice to the User, in which event the User’s continued usage of the Website after any such changes to these Terms of Use shall indicate that the User accepts those changes. 4.2 Telkom reserves the right to change and / or amend, without notice the information contained on the Website.

5.1    All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, logos, hyperlinks, private information, and designs are the property of and or licensed to, Telkom, and as such, are protected from infringement by domestic and international legislation and treaties. 
5.2    Intellectual property rights on this site are expressly reserved.
 

6.1    By using the Website or communicating with Telkom by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communications satisfy any legal requirement, including but not limited to the requirement that such communications should be “in writing” as defined in the ECT Act. 

7.1    These terms of use must be read with the Privacy Statement  as is appropriate, to enable the User to understand the manner in which Telkom processes personal information. 
7.2    The User may access most areas of the Website without having to register as a User, however certain restricted areas require registration. Should the User decide to register as a User of the Website, Telkom may require the User to provide personal information which includes but is not limited to:
7.2.1    Name and surname
7.2.2    Identity number
7.2.3    Telkom account number
7.2.4    Street and postal address
7.2.5    Contact numbers; and
7.2.6    E-mail address. 
7.3    Telkom uses cookie technology that automatically processes certain personal information as the User navigates the website, which includes but is not limited to non-         personal browsing habits and click patterns, and the User’s IP address. Users may determine cookie use independently through their browser settings. Cookies ensure                 that Telkom can continually improve its Website. Telkom utilises “first party cookies” (originating from Telkom) to track the User’s visits between sessions and to deliver a             personalised experience. We also utilise “third party cookies” (not originating from Telkom) to provide traffic analysis and tracking.
7.4    The User consents to Telkom using the User’s personal information for the purpose for which it was disclosed.
7.5    Telkom may use the User’s personal information for general and statistical purposes.
 

8.1    All competitions and/or promotions run by Telkom on the Website are subject to terms and conditions applicable to such competitions or promotions, as my be specified and published from time to time.

9.1    No information or data on the Website constitutes an offer to do business but is merely an invitation to do business.
9.2    No agreements shall be concluded merely by sending a data message to the Website or its owners. Valid agreements will require a written acceptance of a written offer by Telkom.
9.3    No e-mail message shall be deemed to have been received by Telkom until a directed response has been issued from Telkom. An automated response, from Telkom, shall not satisfy this requirement.
 

10.1    The use of search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from the Website is not permitted, if such technology will result in slowing down of the Website’s server or copyright infringement of any data and information available from the Website.

11.1    Telkom may provide links to other websites only as a convenience to the User and the inclusion of any link does not imply Telkom’s endorsement of such websites.
11.2    Linked websites or pages are not subject to the control of Telkom. Telkom 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.
 

12.1    Telkom shall take all reasonable steps to secure a User’s information.
12.2    Users undertake not to divulge their username and password to any other person.
12.3    It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any information on the Website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to the Website.
12.4    Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Website or the server and computer network that supports the Website.
12.5    Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to the Telkom websites or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that Telkom should suffer any damage or loss, civil damages will be claimed.
 

13.1    Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, Telkom shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the services or content provided from and through this website. Furthermore, Telkom makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the website are free from errors or omissions or that the service will be uninterrupted and error free.
13.2    The Website is supplied on an “as is” basis to the extent permitted by law and has not been compiled or supplied to meet the User’s individual requirements. It is the sole responsibility of the User to satisfy him or herself, prior to entering into this agreement with, that the service available from and through the website will meet the User’s individual requirements and be compatible with the User’s hardware and / or software.
13.3    Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Telkom.
13.4    Neither Telkom 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 information and / or services on the Website.
 

14.1    Telkom’s employees and other Users of the Telkom e-mail system are subject to policies that prohibit:
14.1.1    The obscuring, suppressing, or replacing another User’s identity on an e-mail (pretending to be someone else);
14.1.2    The use of Telkom’s information and communications systems for the exercise of the employee’s right to free speech;
14.1.3    Sexual, religious, political and racial harassment;
14.1.4    Profanity, obscene, offensive, derogatory or defamatory remarks; and
14.1.5    Otherwise, unlawful communication via e-mail.
14.2    Accordingly, if an e-mail sent by a Telkom User breaches any of these provisions, that e-mail is sent in that person’s personal capacity and Telkom is not liable for such messages. Telkom will take appropriate disciplinary action against any person breaching these provisions and the User can report any such breach to one of the Telkom Hotline channels. 
 

15.1    These Terms of Use constitute the entire agreement between Telkom and the User of the Website. Any failure by Telkom 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.
15.2    If any term or condition of the use of the 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.
 

16.1    The Website is hosted, controlled and operated from the Republic of South Africa, and South African law governs the use or inability to use the Website and these Terms of Use.

17.1    If a User has any questions, queries or wishes to request permission to use any part of the Website, including, linking, framing, or searching, please contact Telkom at:
Address: 61 Oak Avenue, Centurion, 0157
Attention: Group Executive: Legal Services
Email: legalservices@Telkom.co.za