MTD NETWORX

TERMS AND CONDITIONS OF ACCESS AND USE

1. Introduction:
1.1 This platform is operated by MTD Networx Proprietary Limited, Registration No. 2021/891725/07
(“MTD”), and any reference to “we”, “us” and “our” refers to MTD.
1.2 These terms and conditions, which shall include the latest published Standard Terms and Conditions
Regulations for Individual Licences (as amended) (“T&C’s”), over and above any separate agreement
which may be concluded between MTD and you, as user, govern your use of the MTD Platform
(“Platform”) with your registration and/or access to this Platform constituting your acceptance of the
T&C’s and our policies.
1.3 Any party gaining access/viewing this Platform (“users”/“you”) warrant that they are legally permitted to
gain access/view this Platform and, by doing so, concedes to the T&C’s.
1.4 Users shall at their own risk and at their own cost, gain access to the Platform.
1.5 Any additions/amendments to this Platform shall be governed by these T&C’s.
1.6 We provide no guarantee, unless herein specifically recorded.
2. The main purpose of the Platform is to provide users with access to wireless internet through the use of
various hotspots / access points / fixed fibre lines for a limited period, by making payment of the required fee.
3. This Platform, including any content, software, icons, text, graphics, lay-outs, images, sound clips, trade
names, logos, trademarks and service marks are protected by law, including but not limited to Intellectual
Property (“IP”), all of which are owned by or licensed to MTD.
3.1 Users shall not be entitled to illegally copy, use, alter, modify, impair, interfere or attempt to interfere
with this Platform and/or to, damage, destroy, erase files, data or other information stored on our
Platform, impair the electronic communications to or from, or obstruct the Platform, collect information
about users, trades listed, distribute material which is defamatory, offensive, contains or amounts to
hate speech or is otherwise unlawful or in the event of a minor, engage in activities, including buying
or selling any products, without the express consent of a legal guardian.
3.2 No license or right in and to content on our Platform is granted, conferred or licensed to you. Any
unauthorised use, distribution or reproduction of the said content is prohibited.
3.3 Any and all copyright subsisting in this Platform, including these T&C’s, vests in MTD and all rights not
expressly granted are reserved.
3.4 All the content or trademarks and data on this Platform, including but not limited to software, data
basis, text, graphics, icons, hyperlinks, private information, designs and agreements are protected.
3.5 Hyperlinks provided on this Platform express the viewpoint of such providers. This Platform may
contain links to other platforms, to which these T&C’s do not apply. We accept no responsibility for
the content, practices and/or privacy policies of those platforms or the cookies that those platforms
may use. Access to any other platforms is entirely at the user’s risk and we are not responsible for
any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the user’s
use of such third party platforms or the user’s reliance on any information contained thereon.
4. You may be redirected from our Platform and/or offered links to other sites, which you will also access and/or
use at your own peril, without us having the responsibility to examine or evaluate content or accuracy.
4.1 Content available on this Platform are protected by legislation, none of which may be infringed upon.
4.2 Technology applied in this Platform may not be used without the prior written consent of MTD.
4.3 Users may not perform illegal activities with any content accessed.
4.4 Users shall at all times remain responsible to update their technology to facilitate access to the
Platform and MTD provides no guarantee for user access to the Platform.

4.5 You may have access to our Platform through or to third party software and/or tools, over which we
have no control, with your use in respect thereof as presented, with us not providing any warranty or
making any representation in respect thereof (including that we do not endorse same).
4.6 We therefore accept no liability arising out of or relating to your use of optional third party software
and/or tools.
4.7 Any use of third party or optional tools, are at your own risk and discretion and should you ensure that
you are familiar with and approve the basis for the provision of such tools.
4.8 This includes any new features, services or tools accessed to through our Platform.
4.9 We do not accept any responsibility for any errors or omissions on this Platform and accepts no
responsibility for any viruses, spyware, malware or any adverse action that may have a negative
impact on the operation of the users and content providers’ hardware or software.
4.10 Users undertake not to reproduce, print or manufacture or cause to be produced, printed or
manufactured in whole or apart products, literature or sales aids and agree not to use the MTD trade
name or that of their content providers, except as provided for in these T&C’s.

5. Users registering on the Platform, concede to receiving electronic communication from us with content
published on our Platform, subject to availability thereof, including communication via WhatsApp for
promotional and marketing purposes and/or any customer support.
6. Users agree that MTD will not be liable to any user for any loss, claim, damage, expense
(directly/indirectly/consequential) however arising and users indemnify and exonerate us against any
damages suffered, whether actual or contingent.
7. You as user, accepts that, upon providing or submitting personal information, that such information may be
disclosed, notwithstanding that it may be deemed personal information, in terms of the Protection of
Personal Information Act 2013 (“POPI”).
7.1 MTD endeavours to take reasonable steps to ensure that information is processed/used/stored for the
purpose of use on the Platform and such information is used for the conduct of the Platform and
rendering services, which include:
7.1.1 data/information may be used to verify information disclosed on the Platform, including, against
any other source;
7.1.2 to communicate with third parties;
7.1.3 to compile non-personal statistical information.
7.2 Users gaining access to the Platform, may be required to submit personal information, all of which
users shall ensure to be correct and accurate, whilst not impersonating or misrepresenting any person
or entity or providing false information.
7.3 Users must regularly update information provided.
7.4 MTD reserves the right to, without an obligation to provide a reason, deny access to the Platform.
7.5 MTD may inform users of new features.
7.6 Information collated on the Platform, may be removed upon the user in writing directing such request.
7.7 The user permits MTD to collect personal information and without limitation, promote and supply the
user with content and our online Platform services.
7.8 We may retain records of access to the Platform and utilise same in our sole discretion.
7.9 Users concede to us collecting statistical information, including remote IP addresses, the referring
HDML page, type of browser and the computer used, which information may be used for marketing
analysis.
7.10 Users should, if they not require personal information or data to be made available on the Platform,
refrain from subscribing to the Platform.

8. This website/Platform may make use of “cookies” to automatically collect information and data through the
operation of the internet servers, which the user may elect not to apply. The user accepts that if a user
disables cookies on its browser, that certain features and access to the website/Platform will therefore be
limited. The user is hereby advised and hereby concedes that cookies may be stored on your personal
computer or device through which access is gained to the website/Platform.
9. Users gaining access to this Platform may be required to submit personal information, which includes, but is

not limited to (in our sole discretion) his/her name and surname, gender, birth date, type of residence and e-
mail address. Users will provide correct and accurate information, not impersonate or misrepresent any

person or entity or provide false information. Users must regularly update information provided. We may,
without an obligation to provide a reason, deny access to the Platform. We may inform users of new
features, special offers and promotional information. We may gather statistical information.
10. We reserve the right to update and/or amend the T&C’s from time to time and without any notice, and all
users are accordingly encouraged to access the Platform regularly. Any such change will only apply to the
use of this Platform after the change is displayed on this Platform. By using this Platform after such updated
or amended T&C’s have been displayed on this Platform, a user will be deemed to have accepted such
updates or amendments. To the extent that you are not satisfied with the changes effected, you must refrain
from using the Platform or purchasing any content and de-register from the use of the Platform.
11. We will use our reasonable endeavours to maintain the availability of the Platform and reserve the right to
discontinue providing the Platform or any part thereof with or without notice to users. We may in our sole
discretion terminate, suspend and modify this Platform, with or without notice to users. Users agree that
MTD will not be liable to users in the event that it chooses to suspend, modify or terminate this Platform.
12. Minor users may only gain access to this Platform with the consent of their legal guardians. Users
registering on this Platform warrant that they are at least 18 years of age and are of full legal capacity and
capable of agreeing to these T&C’s, or has the necessary consent of their legal guardians. Users, by
registering on this Platform indemnify MTD from any liability in this regard, including any liability arising as a
result of your failure to provide accurate information when completing the Platform registration process or
otherwise.
13. If a user breaches any of these T&C’s and fails to remedy such breach forthwith against receipt of notice to
remedy the breach, we shall be entitled to claim specific performance or cancel a user subscription forthwith
and recover from the user any amounts outstanding or damages suffered.
14. Users may not cede, assign or transfer their rights and obligations recorded in these T&C’s to any third party.
15. If any T&C’s contained herein is declared invalid, the remaining T&C’s will remain in full force and effect, and
MTD reserves the right to accordingly amend the respective T&C’s. No variation, addition, deletion, or
agreed cancellation of these T&C’s will be of any force or effect unless in writing and accepted by or on
behalf of the parties hereto. No indulgence, extension of time, relaxation or latitude which any party may
show or allow to the other shall constitute a waiver by that party of any of its rights and shall it not be
prejudiced or stopped from exercising any of its rights against the other party.
16. Users accept, by registering on this Platform and each time users use the Platform, that no representation,
guarantees or warranties are made or implied, apart from that recorded in these T&C’s or that content or
technology available through this Platform are free from any errors or omissions and/or that the use of the
Platform may be interrupted. Users are however encouraged to report any possible malfunctions and errors
via e-mail to MTD.
17. All payments made to MTD, will be facilitated through a gateway elected by MTD and, for this purpose, users
are responsible to:
17.1 register through MTD’s elected payment gateway and ensure that the correct information is supplied;
17.2 obtain the correct payment details from MTD, as failure for payment to reflect in MTD’s bank account,
shall not constitute a valid transaction.

18. To the extent that we may at any time elect to make use of any other electronic payment system, same may
be attended to and/or implemented without any consent of any user to this Platform.
18.1 We do not accept any responsibility of whatsoever nature in respect of users’ personal banking, any
other person gaining any access to users’ personal banking and/or any access to personal
information.

18.2 Users are responsible to hold their personal and electronic payment details safe and secure, free from
any defects and/or viruses and accordingly indemnify us against any liability of whatsoever nature in
respect of damage that users may suffer as a result of electronic payment systems.

19. User complaints should be addressed to MTD.
20. We, in our sole discretion, retain the right to deny any user access to this Platform. Access denial may be
implemented forthwith, without the obligation to provide the user any reasons for this denial.
21. In the event that we take legal action against a user, the user hereby concedes to pay legal costs on a scale
as between attorney and client.
22. Should any of these T&C’s be declared void or unenforceable by any court of competent jurisdiction, such
declaration shall have no effect on the remaining terms hereof.
23. These T&C’s shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
23.1 All information and material contained on this Platform have been prepared in accordance with the
Laws of the Republic of South Africa and may not comply with certain laws of any other country.
23.2 We make no representation that any information/content contained on this Platform complies with the
laws of any other country and if you access this Platform from outside South Africa, users do so at
own risk and will be responsible for insuring compliance with the Laws of the country in which users
are located.
23.3 Users concede to the jurisdiction of any court with competent jurisdiction.
23.4 Any dispute may, in our discretion, be referred to a mediator or alternatively arbitration or a court with
competent jurisdiction.
23.5 Users agree that they shall at all times comply with all laws, bylaws, ordinances, regulations and that
they will at all times act ethical and in a moral manner and agree to do nothing that will reflect
adversely on us.

24. Users should have updates installed and downloaded to their devices, to enjoy the full benefit of access to
the Platform.
25. To the extent that the Platform facilitates chat rooms or message boards, users should take care not to
disclose personal information and/or any other information which may be to their prejudice, which the user
accepts MTD shall have no liability in respect of.
25.1 We may from time to time monitor private messages and communication between users using chat
rooms and message boards to ensure security and policy adherence, but have no liability in doing so
and take no responsibility in any posting placed in these chat rooms or on the message boards.
25.2 No defamatory language or explicit or sensitive photographic material may be used in these chat
rooms and to the extent that any information is posted on these chat rooms or on the message
boards, we takes no responsibility for the publishing of such information and same may be referred to
authorities in our discretion.
25.3 Participation on our Platform may be immediately terminated upon any such information being
displayed. For this purpose no information or photographic material may be posted in a chat room or
on a message board or through our electronic platform which may cause any harm or distress to any
other party or entity.
25.4 Our Platform may facilitate many other features which may include participation in social networking.
User participation in social networking takes place entirely at Users’ risk and peril. We do not accept
any responsibility with regards to any social contact or networking between any users. In using social
networking users will abstain from any negative conduct, none of which we accept any responsibility
for.
25.5 We cannot screen or edit all of the content made available on or from this Platform and does not
accept any liability for illegal, defamatory or obscene content. You are encouraged to inform us of
any content that may be defamatory, illegal or offensive, none of which we approve and/or accept any
liability for.

26. Users undertake to not make use or cause anyone else to make use of the Platform for any other reasons
than that what is stipulated in these T&C’s and for which we intended the Platform to be used for.

27. MTD shall be entitled to terminate a user’s registration or access if a user breaches any of these T&C’s.
28. Our Platform may contain older information, not necessarily current and we reserve the right to modify the
content of this Platform at any time, without any obligation to update any information on our Platform.
29. You as user accept that we have no liability for any harm or damages relating to the information published on
the Platform.
30. You, by accessing and using this Platform, agree to indemnify and exonerate us, any of our directors,
shareholders, managers, representatives and/or employees for any damages (direct, indirect or
consequential).
31. The termination of your use or gaining access to our Platform, shall not terminate the terms and conditions
under which you gained access to or registered on the Platform, including that you may not terminate these
T&C’s unilaterally. We reserve the right to terminate your use/gaining access to our Platform at any time, in
our sole discretion.
32. We reserve the right to, at any time, make any update, change or in our sole discretion, amend this Platform
or any content thereto. It is therefore your responsibility to, when you require to make use of our Platform,
review again the T&C’s, as may be changed or updated, the latest version to apply at all times.
33. We choose as our physical address, Building 5, 1st Floor, Clearwater Office Park, Cnr Christiaan de Wet
Road and Millenium Boulevard, Strubens Valley, Roodepoort and email address david@mtdnetworx.co.za.

 

 

Who we are

Our website address is: https://mtdnetworks.co.za.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: httpss://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

Who we share your data with

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Your contact information

Additional information

How we protect your data

What data breach procedures we have in place

What third parties we receive data from

What automated decision making and/or profiling we do with user data

Industry regulatory disclosure requirements