MY SA NUMBER – Terms and Conditions1. The service is known as MY SA NUMBER and you are requested to read this page carefully. If you do not accept the terms and conditions stated herein, then you are requested not to use this service. Please be advised that we may revise these terms and conditions at any time by updating this posting on the webpage. You should accordingly visit the webpage periodically to review the terms and conditions because they are binding upon you once you commence using the service. 2. The MY SA Number user shall be allocated an 087 call forward number. 3. MY SA NUMBER is designed to allow a calling party who wishes to call the MY SA Number from South Africa, using his Mobile phone, and transmit the call via the South African Public Switched Telephone Network (PSTN) to the MY SA Number switch/platform by using the designated 087 number. MY SA Number shall, on receipt of the call, redirect the call to your Ring to Number or mapped address assigned to the 087 number. MY SA Number will only forward calls to countries as listed in our approved country list. 4. This service, including the website www.mysanumber.co.za and the processing of Voice2Mail, is provided to you on an “as is” basis without warranty of any kind, either express or implied. MY SA Number makes no warranty as to the quality, accuracy, completeness, or reliability of the service. MY SA Number makes no representations or warranties that the use of this service will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that the Voice2Mail email that may arrive on your desk from the My SA Number service is free of viruses. Whilst MY SA Number does make use of anti-virus software, it does not warrant that the email will arrive at your email address (as designated and mapped to the 087 number) virus-free. You are accordingly responsible for your own anti-virus software to ensure that the email is virus-free. 5. MY SA Number specifically disclaims any liability, whether based in contract, delict, strict liability or otherwise, for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or the use of the MY SA NUMBER service, even if MY SA NUMBER has been advised of the possibility of such damages, including but not limited to reliance by any party on receiving the call forward timeously or any content obtained through the use of the service, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from the user or any interruptions in telecommunication connections to this service or viruses, whether caused in whole or part by negligence, Acts of God, telecommunications failure, theft or destructions of, or unauthorised access to the service, or related information or programs. 6. The MY SA Number user’s MY SA Number is referred to as the “user number” for all active applications. 7. The MY SA Number user’s My SA Number will be mapped (linked) to the land line number supplied by the MY SA Number user on registration. 8. Only one land line number may be mapped to the MY SA Number user’s 087 number. 9. All incoming calls, on the user’s 087 number, will be forwarded to his land line number. 10. Should the call not be answered the caller can leave a voice message. The email address linked to that 087 number is then obtained from the database and an email is sent to the end user with the voice message as a WAV file attachment. 11. The MY SA Number user acknowledges that ICASA and/or Telkom or the Mobile service providers is South Africa (Vodacom, MTN, Cell C) reserves the right to withdraw the number allocated for the MY SA Number user’s 087 number. Whilst it is not anticipated that this event will materialise, the user indemnifies Amber Mountain Investments 83 (Pty) Ltd and holds Amber Mountain Investments 83 (Pty) Ltd harmless against any claims that the user might have out of any special or incidental loss arising there from. 12. Whilst Amber Mountain Investments 83 (Pty) Ltd shall take all reasonable precautions to secure intrusions by any third party to the MY SA Number switch and to avoid any erroneous transmission to the user’s 087 number, Amber Mountain Investments 83 (Pty) Ltd assumes no liability, responsibility or obligation should the MY SA Number user receive unsolicited calls. 13. Amber Mountain Investments 83 (Pty) Ltd shall not provide or divulge the user’s MY SA Number to any third party for purposes of spamming or for marketing purposes, without the user’s consent. 14. Amber Mountain Investments 83 (Pty) Ltd shall, from time to time, be required to conduct maintenance and/or repairs to improve the service to the MY SA Number user. Amber Mountain Investments 83 (Pty) Ltd shall not always be able to notify the user of such maintenance and accordingly the MY SA Number user accepts that the service may be interrupted during these periods. 15. MY SA Number does not warrant the clarity of the calls forwarded to the MY SA Number user, it being acknowledged by the MY SA Number user that many factors external to MY SA Number’s direct control can cause degradation to the voice quality. 16. MY SA Number does not warrant or represent that the MY SA Number user will receive a voice2mail (.WAV) within a specified time after the caller has recorded the voice message. It is acknowledged by the MY SA Number user that the Internet delivery or third party gateways (ISP’s) or intermediary servers could slow or inhibit the delivery of the voice2mail message. 17. The MY SA Number user acknowledges that the service operates via the Public Switched Telephone Network or GSM network (where applicable) and accordingly there is a possibility that the route being used by the caller in making a call could be interrupted, distorted, contain a noise on the line, or any way whatsoever be interrupted which could cause the call to be incomplete or dropped when received by the MY SA Number platform. 18. The MY SA Number user accepts that there is a likelihood of a surge of calls which may occur at certain times throughout a 24-hour cycle and to the extent that surges materialise, an engaged tone would result and in such circumstances Amber Mountain Investments 83 (Pty) Ltd cannot be held responsible for callers being unable to successfully connect to MY SA Number. The MY SA Number user would then be required to re-dial the number a few minutes later at which time an available port will be accessible. 19. The MY SA Number user hereby unconditionally and irrevocably indemnifies Amber Mountain Investments 83 (Pty) Ltd, including its employees, directors or any of its agents, distributors or independent contractors, against any claims of whatsoever nature which may be brought against Amber Mountain Investments 83 (Pty) Ltd, its employees, directors, agents, distributors or independent contractors by any person of whatsoever nature arising out of or connected with the provision of the MY SA Number service, or the failure to provide the service as reflected in this agreement, including any claims resulting from any negligent acts or omissions on the part of Amber Mountain Investments 83 (Pty) Ltd, its employees, directors, agents, distributors or independent contractors. In addition, the MY SA Number user hereby releases and discharges Amber Mountain Investments 83 (Pty) Ltd, its employees and its agents from all liabilities relating to any peril or event under an appropriate insurance contract, it being expressly understood and agreed that no insurer shall have any right of subrogation against Amber Mountain Investments 83 (Pty) Ltd, its employees, directors, agents, distributors or independent contractors. 20. It is a condition of use that a customer who has been allocated a MY SA Number shall ensure that the number is used in order to satisfy the Regulator (ICASA) that the number is not dormant. MY SA Number shall deem usage to mean an allocated number must receive at least two calls per month. Should a number so allocated not receive two calls per month, MY SA Number reserves the right to cancel such number and withdraw the number from the customer and re-allocate the number to a new user. 21. MY SA Number shall, from time to time, send its MY SA Number users emails containing information about: updates, amendments to the MY SA Number service as well as new products or services developed by Amber Mountain Investments that the MY SA Number user might be interested in. The MY SA Number user will be provided the opportunity to unsubscribe to such email notifications. THE MY SA NUMBER USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS AGREEMENT AND CONFIRMS THAT IT IS NOT ENTERING INTO THIS AGREEMENT ON THE BASIS OF ANY REPRESENTATION NOT EXPRESSLY SET FORTH IN IT. BY USING THE MY SA NUMBER SERVICE THE CUSTOMER ACKNOWLEDGES THE TERMS AND CONDITIONS OF THIS AGREEMENT AS HAVING BEEN FULLY UNDERSTOOD AND AGREED TO BY THE MY SA NUMBER USER.
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