Terms & Conditions

ACCEPTABLE USAGE TERMS FOR THE WEBSITE AND CLOUD SERVICES

 
1. Introduction
1.1. BCX Cloud Services provides hosted business messaging, collaboration, and communication, security, website management, archiving and back up and various other cloud based services (“Services“) to its customers.
1.2. BCX Cloud Services has created these Terms of Use to help enhance the use of its Services and/or Website by preventing unacceptable use. By using the Services and/or Website, You consent to the acceptable use practices described in these Terms of Use. BCX Cloud Services, may suspend or terminate Your use of the Services if You or any of Your employees or other users of the Services violate this Policy.

2. Definitions
2.1. “You” means the user and anyone acting for and behalf of the user and “Your” shall have the corresponding meaning;
2.2. “BCX” means Business Connexion (Pty) Ltd a company duly registered in terms of the South African Company Laws with registration number 1993/003683/07;
2.3. “Data” means electronic representations of information in any form as defined in the Electronic Communications and Transactions Act No. 25 of 2002;
2.4. “OEM” means Original Equipment Manufacturer; and
2.5. “Website” means www.bcxcloud.com.

3. User Legal Capacity
The Service and/or Website is/are provided by BCX and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Services and/or Website.

4. Scope of Use
These Terms of Use govern Your use of the Services and/or Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website (“Service Agreement(s)”). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

5. Products
5.1. Several OEM products will be made available for purchase through the Website and in the event You purchase any OEM products You consent to such OEM terms and conditions, terms of the use, license terms and/or any other agreements or laws which may govern the use of such OEM products.

6. Changes to these Terms of Use
BCX may revise and update these Terms of Use at any time in its sole discretion without notice to You and Your continued usage of the Services and/or Website after any changes to these Terms of Use shall mean You accept those changes. BCX may in its sole discretion change or impose fees for Services at any time.

7. Privacy policy
7.1. This Policy also covers the treatment of personally identifiable information that BCX business partners may share with it.
7.2. BCX respects Your privacy and will take reasonable measures to protect it, as more fully detailed below.
7.3. BCX will implement and operate physical, administrative and technical information security controls in order to preserve confidentiality, integrity and accessibility of information assets to manage risks related to information security.
7.4. Should You decide to register as a user on the Website, we may require You to provide us with personally identifiable information which includes but is not limited to –
7.4.1. Your name and surname;
7.4.2. Your email address;
7.4.3. Your physical address;
7.4.4. Your gender;
7.4.5. Your mobile number; and
7.4.6. Your date of birth.
7.4.7. Transaction Information – In the course of processing a payment transaction, we typically receive from the merchant or financial institution information related to the transaction. This may include information about the payment that You have furnished the merchant or financial institution in placing the order. The personally identifiable information we acquire in processing payment transactions varies according to the nature of the transaction and the way in which merchants or financial institutions are using our payment services. It may include, for example, the amount of the transaction, the consumer’s name, email address, credit card number and expiration date, checking account number, billing address, and shipping address.
7.4.8. Device Information – We may collect device-specific information (such as Your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). BCX may associate Your device identifiers or phone number with Your BCX account.
7.4.9. Log Information – When You use our services, we may automatically collect and store certain information in server logs. This may include:
7.4.10. Details of how You used our service, such as Your web clicks.
Internet protocol address.
7.4.11. Device event information such as system activity, hardware settings, browser type, browser language, the date and time of Your request and referral URL.
7.4.12. Cookies that may uniquely identify Your browser or Your BCX account.
7.4.13. Cookies
We use various technologies to collect and store information when You visit the Website, and this may include sending one or more cookies or anonymous identifiers to Your device. BCX may use cookies to support Your use of applications on this website and monitor Your use of the Website for the purposes set out below.
[Take note: Most web browsers accept cookies automatically, but You do not have to accept cookies as Your web browser may allow You to turn off this feature.]
7.5. Should Your personally identifiable information change, please inform us and provide us with updates to Your personal information as soon as reasonably possible to enable us to update Your personal information.
7.6. Should we receive Your personal identifiable information, through the use of the Website and/or Service, by supplying the said information, You agree and acknowledge that BCX may –
7.6.1. treat Your personally identifiable information as strictly confidential;
7.6.2. take appropriate technical and organisational measures to ensure that Your personally identifiable information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
7.6.3. provide You with access to Your personally identifiable information to view and/or update personal details;
7.6.4. promptly notify You if we become aware of any unauthorised use, disclosure or processing of Your personally identifiable information;
7.6.5. provide You with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
7.6.6. upon Your request, promptly return or destroy any and all of Your personally identifiable information in our possession or control.
7.6.7. We will not retain Your personally identifiable information longer than the period for which it was originally needed, unless we are required by law to do so, or You consent to us retaining such information for a longer period.
7.7. Information Sharing and Disclosure
7.7.1. Take note that BCX sends personally identifiable information about You to other companies or people when:
7.7.1.1. we have Your consent to share the information
7.7.1.2. we need to share Your information with third parties, such as banks and credit card processors, to provide the Service You have requested
7.7.1.3. it is appropriate to comply with law
7.7.1.4. it is necessary to enforce or apply the terms and conditions of our agreement with our merchant and other applicable agreements
7.7.1.5. it is necessary to protect the rights, property, or safety of BCX, our users, or others, which may include the exchange of information with other organizations for fraud protection and/or risk reduction. In the event that BCX is acquired, merchant account information may be one of the transferred assets.
Note: It is important for You to protect against unauthorized access to Your login ID/password, other sensitive account data and to Your computer. Be sure to sign off when finished using a shared computer and otherwise safeguard the password used to access the BCX services.
7.7.2. Account Information and Preferences
7.7.2.1. BCX gives You the ability to edit Your BCX account information and preferences at any time, including whether You want BCX to contact You about promotions and new products, by using the “settings” option in the payment gate interface.
7.7.3. Changes to this Privacy Policy
7.7.3.1. BCX reserves the right to modify or amend this Privacy Policy at any time and for any reason. If there are material changes to this statement or in how BCX will use personally identifiable information, BCX will post notices in the Merchant Interface and on the BCX homepage of BCX websites prior to implementing the change.

8. Intellectual Property
8.1. Any and all intellectual property rights (“Intellectual Property”) associated with the Services and/or Website and its contents (the “Content”) are the sole property of BCX and/or BCX’s merchants or suppliers. The Content is protected by copyright and other laws in both the Republic of South Africa and other countries.
8.2. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks (“Marks”) of BCX, its affiliates or other entities that have granted BCX the right and license to use such Marks and may not be used, copied and/or interfered with in any manner without the express written consent of BCX. Except as otherwise expressly authorised by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Services and/or Website in any way without BCX’s and/or the appropriate third party’s prior written consent.
8.3. Except as expressly provided herein, BCX does not grant You any express or implied rights to BCX’s or any third party’s Intellectual Property.
8.4. BCX grants You a limited, personal, non-transferable, non-sublicensable, revocable license to access and use only the Website, Content and Services only in the manner presented by BCX. Except for this limited license, BCX does not convey any interest in or to the BCX systems, information or data available via the Content, Services and/or Website (the “Information”), by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of BCX.
8.5. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by BCX.

9. Prohibited Actions Relating to use of Website, Services and/or Content
9.1. Unlawful Use. You may not use the Content to transmit any material that, intentionally or unintentionally, constitutes or encourages a criminal offense, violates the rights of any person or entity, violates any country, national, or international law, or any rules or regulations promulgated thereunder, or victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other reason.
9.2. Threats. You may not use the Services to threaten harm to people or property.
9.3. Harmful & Offensive. You may not use the Services to post or transmit any content that is unlawful, defamatory, libelous, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties.
9.4. Interference. You may not do anything to interfere with other users of the Services.
9.5. Forgery or Impersonation. You may not impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity.
9.6. Infringing Content. You may not use the Services to post or transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity. This includes, but is not limited to, the unauthorized posting or transmission of graphics, pictures, photographs, logos, software, music, and videos.
9.7. Hacking. You may not use the Services for unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach securities or authentication measures without express authorization of the owner of the system or network.
9.8. Viruses. You may not use the Services to upload, post, or otherwise distribute or facilitate distribution of any content that contains viruses, worms, Trojan Horses, corrupted files, or any other similar software or programs that may damage the operation of or compromise the integrity and security of another computer, system, or service.
9.9. Interception. You may not use the Services for unauthorized monitoring of data or traffic on any network or system, without the express written authorization of the owner of the system or network.
9.10. Modifications to Transmissions. You may not install any amplifiers, enhancers, repeaters, or other devices that modify, disrupt, or interfere in any way with the radio frequency used to provide the Services.
9.11. Avoiding System Restrictions. You may not use any means to avoid the prohibitions of this Policy.
9.12. Falsification of Origin. You may not use a forged or misrepresented header, return mailing, or internet protocol address to mask the identity or contact information of the sender. You may not engage in “spoofing”.
9.13. Other Networks. You may not use the Services to engage in activities that violate the conditions of any other network access provider or internet service provider.
9.14. BCX Cloud Services Network. You may not engage in any conduct that has a negative effect on BCX Cloud Services or its network, including, without limitation, overloading servers on the BCX Cloud Services network, causing portions of the BCX Cloud Services network to be blocked by other network providers, generating unresolved third-party complaints or complaints which, in the discretion of BCX Cloud Services, impose an unreasonable administrative burden on BCX Cloud Services.
9.15. In addition to other restrictions set forth in these Terms of Use, You agree that:
9.15.1. You shall not disguise the origin of information transmitted through the Website.
9.15.2. You will not place false or misleading information on the Website
9.15.3. You will not use or access any Service, information, application or software available via the Website in a manner not expressly permitted by BCX.
9.15.4. You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.
9.15.5. Certain areas of the Website are restricted to customers of BCX.
9.15.6. You may not use or access the Website or the BCX systems or Services in any way that, in BCX’s judgment, adversely affects the performance or function of the BCX systems, Services or the Website or interferes with the ability of authorized parties to access the BCX systems, Services or the Website.
9.15.7. You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of BCX.

10. Prohibited Actions Relating to use of Messaging as a Service
10.1. Spam. You may not transmit any unsolicited commercial or bulk email. You may not transmit any “spam.”
You also may not:
10.2. use any software that facilitates or enables spam;
10.3. use mail bombing or other flooding techniques;
10.4. undertake deliberate attempts to overload a system;
10.5. engage in broadcast attacks;
10.6. send multiple messages to the same e-mail address with the same basic contents;
10.7. engage in trolling or otherwise posting messages designed to elicit responses;
10.8. send unauthorized subscriptions of another’s name to mailing lists of any kind; and
10.9. store, use, or distribute tools that collect email addresses for the purposes of bulk mailing.

11. Links
11.1. Outbound Links. The Website may contain links to third-party websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by BCX of the content on such Linked Sites. BCX makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. BCX shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.
11.2. Inbound Links. Linking to any page of the Website other than to http://www.bcxcloudservices.co.za through a plain text link is strictly prohibited in the absence of a separate linking agreement with BCX. Any website or other device that links to http://www.bcxcloudservices.co.za or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that BCX or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with BCX or any of its affiliates, (e) presenting false information about BCX products or services, and (f) using any logo or mark of BCX or any of its affiliates without express written permission from BCX.

12. Submissions
BCX does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) BCX and its affiliates are under no obligation to keep such information confidential, and (c) Business Connexion will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.

13. Disclaimer
13.1.1. BCX makes no representations about the results to be obtained from using the Website, the BCX systems, the Services or the Content. The use of same is at your own risk.
13.1.2. BCX, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
13.1.3. BCX and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the Content or Services provided on or through the use of the Website or the BCX Systems. No information obtained by You from the website shall create any warranty not expressly stated by BCX in these Terms of Use.
13.1.4. Some jurisdictions do not allow limitations on implied warranty, so the limitations and exclusions in this section may not apply to You. Your statutory rights that cannot be waived, if any, are not affected by these provisions. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms of use are fair and reasonable.

14. Liability
To the extent permitted by applicable law and to the extent that BCX is otherwise found responsible for any damages, BCX is responsible for actual proven direct damages only and shall not exceed in aggregate the sum of R 100 000 (one hundred thousand rand). To the extent permitted by law, in no event shall BCX, its affiliates, its licensors, its suppliers or any third parties mentioned at the Website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Services and/or Website and the BCX systems, or the Content whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not BCX is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for You in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

15. Export controls
15.1. You agree to use the Services and/or Website, in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of BCX, negatively reflect on the goodwill or reputation of BCX and shall take no actions which would cause BCX to be in violation of any laws, rulings or regulations applicable to BCX.
15.2. BCX and the Services and/or Website are based in the Republic of South Africa however, the United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or any information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
15.3. Clause 15 will apply to information including Data which is protected under the Protection of Personal Information Act 4 of 2013, South Africa.

16. Governing Law
To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the Republic of South Africa. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. Any translation has been provided for Your convenience, and You may view the English language version by (a) returning to the home page for the country that You have selected, (b) selecting the English link at the top of the page, and (c) then clicking on the link to the Website Terms of Use located at the bottom of the page.

17. Notices
17.1. BCX hereby selects 789 16th Road, Randjes Park, Gauteng, Business Connexion Park, Block D, Ground Floors as its address for the service of all formal notices and legal processes in connection with these Terms of Use (“nominated address”). BCX may change this address from time to time by updating these Terms of Use.
17.2. You hereby select the address specified on registration forms as Your nominated address, but You may change it to any other physical address by giving BCX not less than 7 days’ notice in writing.
17.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
17.4. by hand will be deemed to have been received on the date of delivery;
17.5. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
17.6. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
17.7. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

18. Availability and termination
18.1. We will use reasonable endeavours to maintain the availability of the Service and/or Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Service and/or Website or any part thereof with or without notice to you.
18.2. BCX may in its sole discretion terminate, suspend and modify a Service and/or the Website, with or without notice to you. You agree that BCX will not be liable to You in the event that it chooses to suspend, modify or terminate a Service and/or Website.
18.3. If You fail to comply with Your obligations under these Terms of Use, including any incident involving payment of the price of an order for any Services, and You fail to remedy such failure within 7 (seven) days of notice to You by us, this may (in our sole discretion) lead to a suspension of Your access to the Service without any prejudice to any claims for damages or otherwise that we may have against you.

19. Conclusion of Sales
19.1. If You place orders for Service, which BCXmay accept or reject. Whether or not BCX accepts an order depends on the availability of the Services and receipt of payment or payment authorisation by BCX.
19.2. BCX will indicate the acceptance of Your order by making the Services available to You and only at that point will an agreement of sale between You and BCX come into effect (the “Sale”). This is regardless of any communication from BCX stating that Your order or payment has been confirmed.
19.3. BCX will indicate the rejection of Your order by cancelling it and, as soon as possible thereafter, refund You for any amount already paid, provided that You take the risk on currency fluctuations.
19.4. You may cancel an order at any time provided You do so before making use of the Service or downloading the Service or in the event you wish to cancel the Sale after use of the Product you may follow the Return Policy.
19.5. Placing Services in a shopping basket without completing the purchase cycle does not constitute an order for such Services and as such, Services may be removed from the shopping basket if it is no longer available.

20. Returns
In the event You are not satisfied with the Services, You may on or before the 5th business day after Your online Purchase contact the Customer Care center which details are available on Website and report Your dissatisfaction of the Service. BCX shall provide you’re a full refund of the Service as soon as reasonably possible less any administration costs which it may set off against the refund payable to You.

21. Payment
21.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
21.2. All Services are payment in full, in advance.

22. Service delivery
22.1. Once BCX has received payment, You shall receive a link to the Service or to download or install the Service on Your hardware.
22.2. Where it accepts Your order, BCX will deliver the Services to You as soon as reasonably possible. We will notify You if we are unable to deliver the Services and You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel Your order for the Services. If You elect to cancel Your order, we will reimburse You for the purchase price.

23. Errors
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Services on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding You for any amount already paid as per the Returns Policy.

24. BCX information
24.1. For the purposes of the ECT Act, BCX’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
24.2. Full name: Business Connexion Online (Pty) Ltd, a private company registered in South Africa with registration number 1993/003683/07
24.3. Main business: Information Technology

Physical address for receipt of legal service (also postal and street address): 789 16th Road, Randjespark, Gauteng, South Africa.
Phone number: +27 11 266 5111
Official email address: ???

25. Suspension and/or Termination
25.1. We may suspend Your use if: (1) it is reasonably needed to prevent unauthorized access to Data; (2) you fail to respond to a claim of alleged infringement under Section 5 within a reasonable time; (3) you do not pay amounts due; or (4) you do not abide by the Acceptable Use Policy or you violate other terms of this terms of use and or the OEM terms of use or licenses or any other OEM Agreement. If one or more of these conditions occurs, then:
(i) we may suspend your use of the systems, content and/or the services and your account immediately without notice.
(ii) For all other subscriptions, a suspension will apply to the minimum necessary, part of the systems, content and/or the services and will be in effect only while the condition or need exists. We will give notice before we suspend, except where we reasonably believe we need to suspend immediately. We will give at least 48 hours’ notice before suspending for non-payment. If you do not fully address the reasons for the suspension within 30 days after we suspend, we may terminate your Subscription and delete your Data without any retention period. We may also terminate your Subscription if your use of the services is suspended more than twice in any 12-month period.
Further, You agree that BCX shall not be liable to You or any third party for any suspension of Your access to the Website, the BCX systems, content and/or the services
25.2. You agree that BCX, in its sole discretion, may terminate Your use of the Website, the BCX systems, services and content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content. Accessing the Website, the BCX systems or services after such termination or discontinuation shall constitute an act of trespass. Further, You agree that BCX shall not be liable to You or any third party for any termination of Your access to the Website, the BCX systems, content and/or the services.

26. General
26.1. Nothing in these Terms of Use constitutes either Party as the agent, principal, representative or partner of the other, and no Party shall be entitled to hold out to any third party that the relationship between the Parties is that of a partnership, joint venture or the like.
26.2. In the event that any of the terms of these Terms of Use are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining provisions, which shall remain of full force and effect. If any invalid term is capable of amendment to render it valid, the Parties agree to negotiate in good faith an amendment to remove the invalidity.
26.3. All provisions of these Terms of Use hereto shall be independent of each other and deletion from or the invalidity of any such provision or schedule shall not affect the remainder of these Terms of Use.
26.4. No indulgence or extension of time which either Party (“the Grantor”) may grant to the other shall constitute a waiver of, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event and to the extent that the Grantor has signed a written document expressly waiving or limiting such right.

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