PLASMA TELECOM SOUTH AFRICA (PTY) LTD T/A LAB4IR

TERMS AND CONDITIONS

 

Preamble

 

• Plasma Telecom South Africa (Pty) Ltd T/A Lab4IR is a subsidiary of Solostar Holdings (Pty) Ltd.The companies are incorporated under the laws of the Republic of South Africa.

 

• All consumer transactions are in local currency in ZAR including VAT unless otherwise stated.

 

• By making use of the Service Packages and / or products offered by Plasma Telecom South Africa (Pty) Ltd T/A LAB4IR (hereinafter, LAB4IR), the Customer agrees to be bound by these Terms and Conditions.

 

• These Terms and Conditions may (i) have the effect of limiting Lab4IR’s liability or risk or that of a third party and/or (ii) placing risk or liability on the Customer and/or (iii) obliging the Customer to indemnify Lab4IR or a third party and/or (iv) constitute a positive acknowledgement by the Customer of any fact. 

 

• In addition to these Terms and Conditions, the Customer must comply with the applicable upstream terms and policies, this being MTN's Terms and Conditions (https://www.mtn.co.za/Pages/Termsandconditions.aspx).

 

• The Services and Service Packages, as fully defined below, will be limited in compatibility to only certain Devices as determined by MTN. Fixed wireless services may further be limited to certain geographical locations (or service towers) as it is intended to be a fixed location service.

 

• Fixed-LTE is a standard for wireless broadband communication and includes the provision of data for approved devices at a fixed, pre-determined geographical location.

 

1. ​

 

1. In these Terms and Conditions, (“this Agreement”), unless otherwise expressly stated or the context otherwise requires, the words and expressions listed below shall have the following meanings assigned to them:

 

1. “Calendar Month” means the period from the 1st day of a month to the last day of that month;

 

1. “CPA” means the Consumer Protection Act No. 68 of 2002;

 

1. "Coverage Area" means the latest estimated MTN coverage area in South Africa (as updated from time to time);

 

1. "Customer" or “Customers” means a South African citizen or a person with a valid passport, 18 years or older, or a juristic person making use of the services of Lab4IR;

 

1. “CPE Devices” means approved

 

1. “Geo-locked” means that MTN has locked the SIM card based on the SIM card being used outside of the approved coverage area;

 

1. “Lab4IR” means Plasma Telecom South Africa (Pty) Ltd T/A Lab4IR, a private company duly incorporated in terms of the laws of the Republic of South Africa, with registration number 2006/012574/07, with its registered address at Wrigley Field Building, The Campus Business Park, 57 Sloane Street, Bryanston, Sandton, Johannesburg, and trading as LAB4IR;

 

1. “Locked SIM” means that MTN has soft-locked the SIM card based on the SIM being inserted into a cellphone or unapproved device;

 

1. “Monthly Allocation” means the commencement value of the Customer’s data balance at the commencement of each Calendar Month according to the Customer’s selected Service package;

 

1. "MTN" means Mobile Telephone Networks (Pty) Limited, Registration No. 1993/001436/07 but may refer to MTN, Mobile Telephone Networks, MTN SA, MTN Group, MTN (PTY) LTD, or any other trading name or subsidiary associated with this entity;

 

1. “Notifications” means when LAB4IR notifies the Customer of occurrences relevant to the services, including but not limited to data usage at certain thresholds, network issues etc;

 

1. “Promotion” or “Promotion Package” means any promotion or promotion package offered by Lab4IR on this Service as further set out in herein;

 

1. “RICA” means Regulation of Interception of Communications and Provision of Communication-related Information, Act 70 of 2002;

 

1. "Router" means any device approved by MTN from time to time;

 

1. "Service/s" means the fixed-LTE wireless services offered by MTN and the Coverage Area and will be limited to data services only for approved devices and data terminals at a fixed, predetermined location;

 

1. “Service Package/s” means the data service package/s sold on by Lab4IR to the Customer to enable the Customer(S) to utilise the Service;

 

1. "SIM-Card" or “SIM” means the Subscriber Identity Module allocated to a user to gain access to the network and has the meaning given to it in RICA; and

 

1. “Top-up” means to purchase additional data services from the service provider.

 

1. SERVICE DESCRIPTIONS

 

1. Lab4IR will provide data in terms of the Service Package on the terms set out in this Agreement.

 

1. Lab4IR does not have any control of the MTN broadband network in terms of network shaping policies, protocol priority or network uptime or stability. 

 

1. MTN manages traffic by prioritising real time traffic, such as video streaming, voice and web browsing, over non-real time traffic, such as large file downloads and torrents. Traffic management is managed exclusively by MTN,

2. Customers may not resell any Lab4IR’s Service Packages to third parties.

 

1. Lab4IR may offer a SIM only subscription package, at its discretion, based on the acknowledgement that the customer has an approved device.

 

1. Lab4IR may require that a Service Package include an approved device, to be purchased in full, or if purchased at a discounted rate, or issued at no charge this will be but subject to a cancellation fee as contemplated in this Agreement .

 

1. CUSTOMERS AS NATURAL PERSONS

 

1. Lab4IR (and any of its agents) can perform RICA checks on natural persons (individuals). Lab4IR assumes that the Customer will apply for and make use of the Service Packages in its capacity as a natural person and not as the representative of a juristic person (such as a company), unless otherwise stated. The Customer will be personally responsible for its use of the Service and Service Packages and all obligations under this Agreement.

 

1. Lab4IR will request from the Customer, in order to ensure compliance with RICA:

 

1. a certified photocopy of his or her identification document; and

 

1. proof of address.

 

1. Lab4IR will, in compliance with RICA:

 

1. retain the photocopy obtained in terms of the above; and

 

1. verify the photograph, full names, and identity number of that person with reference to his or her identification document or a valid passport for non-South African citizens.

 

1. CUSTOMERS AS JURISTIC PERSONS

 

1. Lab4IR (and any of its agents) can perform RICA checks on representative natural persons of juristic persons (such as companies). Lab4IR will request from the aforementioned representative natural person, in order to ensure compliance with RICA:

 

1. his or her full names. identity number, residential and postal address. whichever is applicable;

 

1. the juristic person’s name and address and, if registered as such in terms of any law, the registration number of that juristic person;

 

1. a certified photocopy of his or her identification document on which his or her photograph, full names and identity number appear; and

 

1. a certified photocopy of the juristic person’s letterhead or other similar document relating to that juristic person.

 

1. Lab4IR will, in compliance with RICA:

 

1. retain the photocopy obtained in terms of the above;

 

1. verify the photograph, full names, and identity number of that person with reference to his or her identification document or a valid passport for non-South African citizens; and

 

1. the name and registration number of that juristic person with reference to its business letterhead or other similar document.

 

1. IDENTITY VERIFICATION REQUIREMENTS

 

1. Use of the Service and Service Packages are subject to ID verification and / or proof of address, required by RICA, and will not be provided before such process has been completed to Lab4IR’s satisfaction.

 

1. Customers are required to present their original valid Identity Document, as well as a clear, legible copy. Non-South African citizens may submit a copy of their valid Passport along with supporting documents upon request.

 

1. Verification documents must contain photo identification. Failure to produce ID verification for an account will result in the product not being activated or handed over, regardless of any pro-rata amounts billed.

 

1. Should the Customer cancel all current valid Services and/or Service Packages, ID verification will be required to sign up for new Services. ID verification will not be requested as long as verified Data Services remain active.

 

1. If a Customer sells or in any manner provides an activated SIM to any other person, then the Customer must immediately notify Lab4IR so that the RICA process can be carried out for that other person subject to an administrative fee for RICA verification

 

1. RICA verification can either be performed:

 

1. By Lab4IR’s agent; or

 

1. Through an authorised RICA agent.

 

1. FIXED DEVICES AND LOCATIONS

 

1. Lab4IR will procure Devices specified and approved by MTN for providing the Service Packages to the Customer.

 

1. All Devices issued by Lab4IR will be subject toa one year warranty subject to service and handling fee, excluding fire, lighting, physical, power or water damage.

 

1. LAB4IR Service Packages will be restricted to devices which are performance rated as determined by MTN from time to time.

 

1. There are other devices which MTN have approved that Lab4IR will also allow onto their network. This notwithstanding, the Customer acknowledges that they are in possession of an approved device.

 

1. Should the Customer not be in possession of an approved device and the SIM is subsequently locked, Lab4IR will not be held liable by the Customer or any third party for the Locked SIM for any consequential, indirect, incidental, exemplary, special or punitive damages whatsoever, including but not limited to any damages for business interruption, loss of use, revenue or profit, cost of capital, loss of business opportunity, loss of goodwill, whether arising out of breach of contract, delict (including negligence), any other theory of liability or otherwise, regardless of whether such damages were foreseeable and whether or not LAB4IR was advised of the possibility of such damages.

 

1. Should Lab4IR procure warranties for CPE Devices from the Device vendor it will pass such warranties on to the Customer. Once the Customer takes delivery of the Device, the risk and ownership thereof will pass to the Customer.

 

1. Lab4IR may, at its own discretion, substitute a device after an order is placed, based on stock availability and any fluctuations which may affect its ability to provide a previously advertised device.

 

1. Late delivery of the device or unavailability of stock will not constitute non-delivery of Service if the Customer takes delivery of the SIM card.

 

1. The Service and Service Packages, once activated, will be limited to locations within coverage of the closest active tower which is purposed for fixed LTE service. Customers will not be able to use their data outside of their fixed location (, and the SIM may be Geo-locked.

 

1. LAB4IR will not be held liable for any Geo-locked SIM for any consequential, indirect, incidental, exemplary, special or punitive damages whatsoever, including but not limited to any damages for business interruption, loss of use, revenue or profit, cost of capital, loss of business opportunity, loss of goodwill, whether arising out of breach of contract, delict (including negligence), any other theory of liability or otherwise, regardless of whether such damages were foreseeable and whether or not LAB4IR was advised of the possibility of such damages.

 

1. SIM CARDS

 

1. The Customer is required to insert an appropriate SIM Card into the Device in order to make use of the Service and Service Packages.

 

1. MTN will provide the SIM Cards to be used and these will be provided as part of the Service Package by Lab4IR.

 

1. Customers must ensure that SIMs are used in suitable and compatible Devices and are only used as intended by the manufacturer of the SIM and Device. Lab4IR will not be liable for any claims made as a result of misuse or abuse of SIM cards resulting in loss of access to Service and/or Service Packages or loss of data.

 

1. Risk in SIMs passes to Customers on delivery of the SIM to Customers, who are solely responsible for the care and safekeeping of SIM cards issued to them.

 

1. In the case of lost, stolen or destroyed SIM cards, it is the Customer’s responsibility to do the following:

 

1. Notify Lab4IR directly of the loss of the SIM immediately; and

 

1. Notify the South African Police Services of the loss within 24 hours.

 

1. Failure to notify the correct authorities of the loss of a SIM may result in criminal charges against the Customer.

 

1. A Customer using a SIM card obtained from Lab4IR agrees that it will not use (or allow another to use) the network Services or Service Packages, including the SIM card, for any improper or unlawful purpose, in a manner which may cause injury or damage to persons or property or which may impair or interrupt the network.

 

1. Customers may only use Devices approved by MTN and byICASA on the network (please see http://www.icasa.org for more details). Customers further agree that they will not (or allow another to) alter, modify, or tamper with the software contained in, or relating to, any SIM card. Lab4IR reserve the right to block any SIM or Device from operating on the network.

 

1. Service and Service Packages are only available upon activation of the SIM by the network provider. Such activation may take up to 72 hours from the date of delivery. Such activation is not within the control of Lab4IR, and therefore Lab4IR cannot be liable for any delays or costs that such delay may incur to the Customer.

 

1. ALLOCATION OF DATA

 

1. Customers will be allocated a monthly amount of data (bandwidth) each month upon payment of the fees of their selected Service Package.

 

1. Service Package changes are submitted at the end of the month and become effective at 23h59. The effective date of the package change (and not the date of request) initiates the 3-month period, during which no package changes are possible until the period expires.

 

1. Customers can only top-up their service package via Lab4IR, and there is no link between the fixed-LTE product and any of the other products that MTN offer on their platform. 

 

1. Customers cannot top-up with other providers offering the same solution. 

 

1. Lab4IR will have a customer self-Services portal where the Customer can:

 

1. Add data products;

 

1. Upgrade/downgrade and pay for their data products using master/visa debit/credit cards and secure EFT; and

 

1. The initial purchase of the router, delivery and 1st month data product can also be financed via Mobicred which will be on offer via the customer portal.

 

1. Lab4IR will not default a Customer onto out-of-bundle data charges upon depletion of the Customer’s data bundles.

 

1. The Customer consents to Lab4IR allocating the Customer’s Monthly Allocation and setting up threshold usage notifications.

 

1. Fixed Wireless products cannot be used in conjunction with other promotions or benefit programmes.

 

1. Service Packages cannot be changed during the month. All Service Package changes are effective first day of the month, regardless of whether the package is changed to a smaller or larger package.

 

1. Any Service Package change can only be effected where the desired package is active according to Lab4IR. Lab4IR is under no obligation to offer packages which are no longer live or active. Should a Customer change their package, they forfeit the ability to re-instate such package should it no longer be offered by Lab4IR.

 

1. Service Packages are offered as made available by Plasma and continue on a month-to-month basis, or as and when Customers purchases selected Service Packages. This notwithstanding, LAB4IR may offer fixed-term agreements with a Customer. In this instance, the package will remain for the period of the fixed-term agreement. However, should the product be discontinued by LAB4IR, Customers will be required to select an equivalent Service Package as offered by LAB4IR at the time.

 

1. TRANSFER OF DATA

 

1. Transfer of data is not allowed.

 

1. Lab4IR will be under no obligation to transfer data.

 

1. ROLLOVER OF DATA

 

1. Data is valid until the end of the month of purchase. This is referred to as the “Initial Period”. 

 

1. The Initial Period will run from the date of purchase, until the end of that calendar month. The Initial Period will not exceed 31 days.

 

1. Lab4IR will rollover unused data (where possible, with reference to the above) for an additional calendar month proactively. This is referred to as the “Rollover Period”.

 

1. The Rollover Period will not exceed 31 days.

 

1. Rollover of data will not require any action on the part of the Customer and is performed by Lab4IR on the Customer’s behalf as a courtesy.

 

1. Should data not be automatically rolled over, the onus rests on the Customer to alert Lab4IR to effect rollover.

 

1. Customers will not be eligible for further rollover of data once the Rollover Period has elapsed.

 

1. Data will first be consumed from the rolled over data, before using the new Monthly Allocation or any newly purchased data in the same month.

 

1.  p-ups of data will expire after 1 month from the date of purchase and will not roll over, unless the expiry date falls in a consecutive month, e.g. a Top-up purchased on 15 December will expire on 15 January.

 

1. Rollover of data is only offered insofar as it is offered by the upstream operator (such as MTN). Should a network operator not offer rollover of monthly data or top-ups, Lab4IR will not be bound to provide such options until such time as the operator becomes compliant, and Lab4IR will not be held liable for such failure to comply with relevant legislation.

 

1. ​

 

1. Customers will be opted-in to Notifications by default, in line with relevant legislation.

 

1. Lab4IR will make every effort to deliver Notifications as quickly and accurately as possible. However, Lab4IR cannot be held liable for delivery delays or failures that may occur due to external forces outside of their control, such as mobile networks or email providers. Where Lab4IR has made a reasonable effort to effect delivery, they will be deemed to have fulfilled their obligation.

 

1. Notifications are only offered insofar as it is supported by the upstream operator (such as MTN). Should a network operator not provide consistent or regular Notifications, Lab4IR will not be bound to provide such options until such time as the operator becomes compliant, and Lab4IR will not be held liable for such failure to comply with relevant legislation.

 

1. If the Customer has blocked, or uses applications that manage spam, Lab4IR will not be held responsible for the non-delivery of Notifications.

 

1. TOPPING UP OF DATA

 

1. If the Customer exhausts the purchased data or reaches the fixed cap, the Customer will be hard capped. This means that no further access will be provided thereafter.

 

1. Customers can manually top-up via the customer self-services portal. There is no limit to the aggregate of manual top-ups that a Customer may perform during a Calendar Month.

 

1. Any unused top-up data shall be forfeited at 23h59 on the expiry date.

 

1. The minimum threshold may also be used for threshold usage notifications to be sent by Lab4IR to the Customer.

 

1. A top-up may be subject to different terms and conditions and any pricing or promotions applicable to the monthly purchased package may not necessarily apply to the top-up.

 

1. ACCESS POINT NAME

 

1. Customers must enter the correct Access Point Name (APN) in their Device to make use of the Service. Lab4IR will notify Customers of the appropriate APN.

 

1. Customers may be restricted to using certain APN settings.

 

1. Customers using existing SIMs issued by MTN, or other authorised distributors may have access to other APN settings. Customers will be responsible for choosing the appropriate APN for use on their Device which will allow them to make use of the Service.

 

1. If the Customer does not enter the correct APN, they may be unable to access the service, and Lab4IR will not be responsible for any service/package data lost by the Customer as a result.

 

1. CUSTOMER INFORMATION PROCESSING

 

1. By making use of a SIM card obtained from Lab4IR, Customers consent to the data collection, use and sharing practices described in MTN's Privacy Policy (https://www.mtn.co.za/Pages/MTN-Privacy-Centre.aspx).

 

1. Customers confirm that, MTN may supply Lab4IR with collected data and that all information supplied to Lab4IR by MTN is correct and up to date.

 

1. If the Agreement terminates for any reason, the above consent will automatically be removed and Lab4IR will no longer access the personal information as described above, subject to any residual rights to process such personal information that Lab4IR may have in law.

 

1. COVERAGE AND SIGNAL AVAILABILITY

 

1. Services will only work in the coverage area and MTN will provide coverage on a reasonable endeavours basis.

 

1. Delivery of fixed wireless services is dependent on signal availability and demand for Services in any particular area. Lab4IR does not warrant or guarantee Service for any specific areas, whilst every effort will be made to give Customers an indication of possible Service. Lab4IR accepts no liability should the aforementioned indication differ to actual Service experienced.

 

1. Service Packages are separate from their other mobile data Services that may be offered by an upstream provider. The ability to receive coverage for other services will not, in any way, indicate fixed wireless coverage. Fixed wireless is an LTE and LTE-A only service - other mobile Services (such as 3G or GPRS) are not available on this product.

 

1. ​

 

1. Lab4IR may offer Promotion Packages to new Customers from time-to-time. This offer is subject to the discretion of LAB4IR.

 

1. Lab4IR may limit the number of sign-ups for any Promotion Package at any time (or on a case by case basis).

 

1. Lab4IR may end the Promotion without notice, and is not obliged to offer the Promotion to new Customers should it end the Promotion and remove reference to the Promotion from its marketing (even if the Promotion was initially intended to run until a later date).

 

1. Should any Customer on a Promotion Package (either the free/discounted device or the free data package) cancel their service within 6 (six) calendar months in terms of section 14(1)(b) of the CPA after signing up, they will be subject to a fixed cancellation fee of R999 (nine hundred and ninety-nine rand). Lab4IR will not accept the return of used devices in lieu of the fee being levied. Non-payment of the cancellation fee will be viewed as a breach of this Agreement.

 

1. This will be treated as a fixed-term agreement under the provisions of section 14(2) of the CPA and section 14(3) of the CPA will apply.

 

1. Use of the Lab4IR Fixed Wireless product does not qualify Customers for promotions run by MTN directly. In general, any promotion, competition, special or discount offered directly by MTN will have no bearing upon Lab4IR’s Customers, unless explicitly stated by Lab4IR.

 

1. ​

 

1. All payments of Service Packages will be as agreed upon with the Customer and will be payable in terms of the service agreement entered into with a Customer (payment and penalties) and the provisions of those terms will be enforced.

 

1. Billing to Customers for Service Packages will be on the 1st ofeach month, excluding the billing for any top-ups requested by the Customer which are paid for when bought.

 

1. FURTHER TERMS

 

1. Any further terms relating to the Service which are published via other mediums (such as on packaging) will form part of these terms and conditions and will be binding on the Customer and Lab4IR.

 

1. ​

 

1. In addition to the grounds for suspension or termination of Service set out in the General Terms, MTN may themselves suspend or cancel any SIM on the their networks in the case of violation of MTN’s Terms and Conditions of Service or Acceptable Usage Policy as set out in those documents.

 

1. Note in particular that the Services may be suspended or terminated for the following reasons:

 

1. Non payment (suspension only)

2. Technical failure (suspension only);

 

1. Maintenance or remedial work (suspension only);

 

1. Incomplete RICA or failure to produce documents upon reasonable request; or

 

1. Instruction from ICASA or other statutory or governing body;

 

1. In the case of suspension, Customers will be liable for any reasonable service, admin or reconnection fees charged by MTN or by Lab4IR and may not be able to access Services until such fees are settled in full with both parties.

 

1. Violation or breach of Plasma’s Acceptable use and privacy policy

 

1. MAJEURE

 

1. A force majeure event shall occur when either Party is prevented or restricted directly or indirectly from performing all or any of that Party's obligations in terms of this Agreement by reason of Force Majeure, which shall constitute a "Force Majeure Event" for the purposes hereof.

 

1. It shall be relieved of performance of its obligations in terms of this Agreement during the period that such event and its consequences continue (but only to the extent it is so delayed or prevented from performing partially or at all by the Force Majeure Event), and, provided that notice has been given in terms of the below, shall not be liable for any delay or failure in the performance of any of its obligations in terms of this Agreement or losses or damages whether general, special or consequential which the other Party ("the Unaffected Party") may suffer due to or resulting from any such delay or failure; or

 

1. The Affected Party shall give written notice to the Unaffected Party at the earliest possible opportunity in writing of the occurrence of the event constituting the Force Majeure Event, together with details thereof and a good faith estimate of the period of time for which it shall endure;

 

1. At all times whilst a Force Majeure Event continues, the Parties shall meet at regular intervals to discuss and investigate, and if possible, to implement other practical ways and means to overcome the consequences of such a Force Majeure Event, with the objective of achieving the import and intent of this Agreement without unreasonable delay.

 

1. The Affected Party shall use all reasonable endeavours to mitigate the effects of the Force Majeure Event on its ability to perform under this Agreement and to terminate the circumstances giving rise to a Force Majeure Event as soon as reasonably possible and upon termination of the event giving rise thereto, shall forthwith give written notice thereof to the Unaffected Party.

 

1. LIMITATION OF LIABILITY

 

1. , Lab4IR will not be liable for, and the Customer agrees, that their use of the Services and Service Packages, and any reliance on the Services and Service Packages are entirely at their own risk.  

 

1. The Services and Service Packages, including all website material, is provided “as is” and Lab4IR will not be liable for:

 

1. Any unavailability, interruption, downtime, malfunction, or failure of this website or the Website Material for any reason whatsoever;

 

1. Modification, suspensions or discontinuation of Services, value added Services or product features by MTN;

 

1. Failure to report a lost, stolen, or damaged sim card as required;

 

1. Incorrect or out of date information provided by the Customer to Lab4IR or MTN; and/or

 

1. Error, delay, failure or non-availability of the service and any loss or damage which may result from use or possession of a sim, or use of the network.

2. Lab4IR does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to, or distributed through the website material. The Customer acknowledges that any reliance upon any such opinion, advice, statement, or information shall be at their sole risk.

 

1. Information, ideas, and opinions expressed in the website material should not be regarded as professional advice or the official opinion of Lab4IR and the Customer is strongly advised to seek professional advice before taking any course of action related to them. More specifically, certain information such as share price data, interest rates and exchange rates constitute guidelines only and the provision of this data may be delayed by a period of time. Accordingly, the Customer is strongly advised to consult their professional adviser before trading or acting on such information.

 

1. Subject to the provisions of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and to the fullest extent permissible by law, Lab4IR disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties of merchantability or fitness for a particular purpose, in respect of the website material. Lab4IR does not warrant that the functions contained in the website material will meet the Customer’s requirements; will be uninterrupted, timely, secure or error free; will operate in every combination selected by the Customer for use; that any defects or errors will be corrected; or that this website or the Website Material or the server that makes them available is free of viruses or other harmful components.

 

1. Lab4IR does not warrant that the website material will provide specific results from use of the website material or any content, search or link within them or that the results that may be obtained from the use of the Services will be accurate or reliable.

 

1. Neither Lab4IR nor its agents or representatives will assume any responsibility and neither Lab4IR nor its agents or representatives (in whose favour this constitutes a ) shall be liable for any damages to or for viruses that may infect the Customer’s computer equipment or other property on account of the Customer’s access to, use of or browsing of the website material or the Customer’s downloading of any materials, data, text images, video or audio from the website material. Any material downloaded or otherwise obtained through the use of the Services is done at the Customer’s own discretion and risk and the Customer will be solely responsible for any damage to their computer system or loss of data that results from the download of any such material .

 

1. To the extent that information displayed on website material relates to any stock exchanges, financial markets, financial products, securities, derivatives, units, funds, currencies and/or exchange rates, the Customer acknowledges that this information may not be accurate or complete. The Customer further acknowledges that any assessment or reflection of the performance of any security, unit, fund, product, stock exchange, derivative or financial market does not mean that such performance will be repeated or should be relied upon in any way. 

 

1. The Customer agrees that under no circumstances whatsoever, including as a result of Lab4IR’s negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law Lab4IR may be liable, shall Lab4IR or its servants, agents or contractors or other persons for whom in law Lab4IR may be liable (in whose favour this constitutes a ) be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by the Customer, its directors, servants, dealers or customers, resulting from the Customers use of or inability to use the website material.

 

Check time answer from Neil

Can we clarify this statement more as it does not read easily

Include ransomware, spyware or hacking events please

Do we need this