"SWIFTSMS.CO.ZA" CONDITIONS OF USE: 
You should carefully familiarise yourself with these terms and conditions set out in this User Policy before using our site. By using our site or indicating your agreement by clicking the "Accept" button or by selecting "Yes" during the registration process during your visit to our site, you irrevocably agree to be bound by this User Policy. This is a legally binding agreement. If you do not agree with this User Policy you should immediately discontinue using our site. Also note that these terms and conditions may vary from time to time and it is your responsibility to check for such updates. The last revision date for these terms and conditions is :

LAST REVISED : 11 June 2001


Definition: 
1. swiftSMS is defined as the management of the swiftSMS site
1a. site is defined as the Internet Website www.swiftSMS.co.za and/or the downloadable software

2. swiftSMS users are defined as any person that registeres to use the site by completeing the "Sign Up" form.

3. swiftSMS provides a service that allows the swiftSMS users  to send Mobile Terminating SMS.

4. swiftSMS agree to provide you access to our site in accordance with this User Policy. 

5. You agree to use our site in a manner consistent with this User Policy. 

6. You accept that our site is provided on an "as is, as available" basis. 

7. Access. Your access to and use of our site may be terminated at any time for any reason or for no reason by you or by us. 

8. Licence. As a visitor to our site, you are granted a limited licence to view information upon our site and to use (display or print) short extracts of the information displayed on the site for your own personal non-commercial use only, provided the information is not modified by you and you shall be fully responsible for any consequences resulting from such use and any other use of the information is prohibited. None of the information may be otherwise reproduced, republished or re-disseminated in any manner or form without our prior written consent. We will take appropriate legal action to enforce our rights. 

9. swiftSMS users  shall be fully responsible for any consequences resulting from the display and/or dissemination of any information

10. swiftSMS users  hereby indemnifies and holds harmless swiftSMS against any claim or action by the swiftSMS user  or any third party, in respect of any damages, prejudice or costs incurred or suffered by the swiftSMS users  and/or any third party arising out of the use of the swiftSMS site or any act or omission on the part of swiftSMS  in the provision of the service/s. 

11. Content and accuracy of any SMS sent is the user's responsibility.

12. It is the swiftSMS users'  responsibility to protect its means of authentication. swiftSMS will not be responsible for any misuse of the user's logins and passwords, nor will any credit be allowed for such misuse. 

13. swiftSMS is provided as is. It is the swiftSMS users  responsibility to verify that their networks can be used. 

14. Successful delivery of messages depends on other parties. Hence swiftSMS can not guarantee delivery.

15. This agreement shall continue indefinitely until terminated by either party on one calendar month's written notice to the other. 

16. According to the option chosen by the swiftSMS user a charged is levied

17. The charges for using swiftSMS may be changed on one month notice by the swiftSMS to the swiftSMS user.

18. swiftSMS retains the right to amend the costs at any stage

19. Payment will be effected by the swiftSMS user by no later than the third day day of each month. Payment can be made by a direct deposit of the fund into the Lookupproperty bank account, credit card or cheque.

20. A penalty fee of R50-00 (fifty Rands) will be charged if any payment is returned as unpaid or rejected for any reason whatsoever.

21. swiftSMS user could be suspended without a refund of its credits. swiftSMS may remove members from its database should complaints be received. 

22. In the event of any amount owing by the swiftSMS user on due date swiftSMS shall be entitled to suspend the user's account immediately, without notice. Interest will be charged on all overdue accounts at the rate charged by Standard Bank of South Africa untill the account is settled. 

23. swiftSMS users  must agrees to include its name or business name or telephone to any SMS that are sent. 

24. in the even that swiftSMS receive any complaints regarding the receipt of unsolicited SMS, swiftSMS will notify the sender. In the event of continuous abuse of the sending of unsolicited SMSs by the user or the omission to notify swiftSMS of any complaint referred to above may, at the sole discretion of the swiftSMS, result in immediate termination of the user's account. 

25. swiftSMS users  may not send unlawful, obscene, abusive, harassing, threatening or obscene messages. Spamming (unsolicited marketing) is not allowed. Messages sent are stored and can be audited at any time. Users indemnify swiftSMS against any losses suffered in the event that they don't comply to the above.

26. swiftSMS endeavour to ensure that all postings to our site are legitimate and that the contents thereof are not offensive, we will not be responsible for any damages whatsoever, caused as a result of viewing any material upon our site, or arising out of the content displayed upon our site. 

27. Copyright. swiftSMS either own the intellectual property and all rights attached thereto for the technology used to create and display this site, including copyright, or we have acquired the necessary licences, in the information, including all text, HTML or other Internet programming language code, multi-media clips, images, graphics, icon, java code, and the selection and arrangement of the contents of this site. 

28. Confidentiality Warning. Where you do not use encryption in your communications with us or if you are not in a secure socket layer (SSL) environment, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information, which you may make to us through the Internet. We will also not be responsible for any errors or any changes to any information transmitted to us. 

29. Computer Viruses. While every effort is made to ensure that all information provided on our site does not contain computer viruses, you should take responsible and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the viruses that have been written to automatically execute when an infected word-processing document is loaded into certain word-processing programmes.

30. Information. Although currently we don't, we may for internal and technical purposes collect and process data obtained from and about you in the course of your accessing the site. By agreeing to these terms you have agreed to such data being so used. In accordance with the applicable data protection legislation in your jurisdiction, information on what, (if any) data is held about you can be obtained by contacting us. Furthermore, in accordance with applicable data protection legislation in your jurisdiction, we reserve the right to charge a fee for providing such information (if allowed by the said data protection legislation). Should you wish your information to be erased from our databases, we will do so immediately upon receiving your e-mail notification. 

31. No Endorsement. Our site may contain links to other sites. These links are provided as references to help you identify and locate other Internet websites that may be of interest. These other sites were independently developed by parties other than us and we do not assume responsibility for the accuracy or appropriateness of the information contained in such sites. In providing links to other sites, we are in no way acting as a publisher or a disseminator of the material contained on those other sites, unless specifically stated otherwise, and do not seek to control the content of, or maintain any type of editorial control over such sites. A link to another site should not be construed to mean that we are affiliated or associated with, or are legally authorised to use any trademark, trade name, logo or copyrighted material that may be reflected in the link or a description of the link to such other sites. Furthermore the mention of any party or its product or service on this site should not be construed as an endorsement of that party or its product or service. 

32. EXCLUSION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SWIFTSMS ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS OUR SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. 

33. This User Policy contains the entire understanding between us with respect to this site and no representation, statement, inducement oral or written, contained herein shall bind either of us. 

34. swiftSMS hereby reserves the right at all times to amend the terms and/or conditions pertaining to the swiftSMS site and services as contained herein; Provided that a notice to this effect, which notice shall only apply to material terms and considered to be such at the sole discretion of swiftSMS, be forwarded to the users by electronic mail for information purposes. 

35. You agree that your use of this site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents and it is your responsibility entirely to familiarise yourself with such restrictions. You agree not to impersonate another person in the use of this site or the sending of any e-mail to any address listed on this site. Should any part of this User Policy be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of this User Policy had been eliminated. 

36. Choice of Law. The laws of South Africa shall govern as to the interpretation, validity and effect of this agreement notwithstanding any conflict of law, provisions or your domicile, residence or physical location. You hereby consent and submit to the jurisdiction of the courts of South Africa in any action or proceeding instituted under or related to this agreement. 

37. Contacting us. If you have any questions about this User Policy or the practices of this site you can e-mail sasupport@lookupproperty.co.za