Usage

1. Persons using the Third Wave (Pty) Ltd website for any reason whatsoever subject themselves to and agree to the terms and conditions and privacy policy of Third Wave (Pty) Ltd when accessing the website as set out below.
2. This website is intended to provide the user with content as seen fit by Third Wave (Pty) Ltd.
3. Without derogating from the terms and conditions, Third Wave (Pty) Ltd hereby authorises the user to view, copy, download to a local drive, print and distribute the content of this website, or any part thereof, provided that:
   1. such content is used for information and/or non-commercial purposes only; and
   2. any reproduction of the content of this website, or portion thereof, must include the following copyright notice: © Third Wave (Pty) Ltd 2006. All Rights Reserved.
4. Users that wish to use content from this site for commercial purposes may only do so with prior written permission from Third Wave (Pty) Ltd.

Intellectual Property Rights

1. All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Third Wave (Pty) Ltd, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved.

Electronic Communications

1. By using this website or communicating with Third Wave (Pty) Ltd by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be "in writing".

Changes and Amendments

1. Third Wave (Pty) Ltd expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this website without prior notice.
2. Third Wave (Pty) Ltd reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.
3. Third Wave (Pty) Ltd reserves the right to change and amend the prices and rates quoted on this website without any notice. 
4. The user undertakes to check Third Wave (Pty) Ltd frequently and to acquaint themselves with the changes and/or amendments in the information and content supplied on the website.

Evolution and the Need for Flexibility

1. Some new Handsets, Service or Networks may not yet be supported by Third Wave (Pty) Ltd at the time of their launch. Third Wave (Pty) Ltd has a dedicated technical team who work constantly on supporting all Handsets and Networks, but due to the fast-paced evolution of the Industry we need flexibility in supporting these properly. As soon as Third Wave can support these Handsets and Networks Third Wave will do so.
2. Certain Network Operators may not have key coverage in place in all areas. As Third Wave (Pty) Ltd is dependant on the Networks for its Service Delivery Third Wave (Pty) Ltd is bound by these coverage maps and will also not be able to deliver in these areas. The user should contact their local Network for a list of recent areas that they do not cover.
3. Over time Third Wave (Pty) Ltd intends to expand the services that the User is offered. When a new service is introduced Third Wave (Pty) Ltd may impose special terms and conditions on the use of that service. 

Privacy Policy, Advertising and User Information

1. Third Wave (Pty) Ltd is committed to bringing the User information, whether on the internet, by e-mail or by SMS, tailored to the User's individual needs and recognises the importance of protecting the privacy of personally identifiable information collected about its users. In adopting this customer privacy policy, Third Wave (Pty) Ltd's intention is to balance legitimate business interests in collecting and using information and the user's reasonable expectations of privacy. By using this site, the user signifies his/her assent to Third Wave (Pty) Ltd's Privacy Policy. If the user does not agree to this policy, the user should regrettably not use the service. The User's continued use of Third Wave (Pty) Ltd following the posting of changes to these terms will signify and mean acceptance of those changes.
2. Third Wave (Pty) Ltd collects information in several ways. Some personal information (such as a name, mobile number and e-mail address) is gathered when the user registers for the services, and more detailed information is collected for specific purposes - such as when the user is trying to link to his/her POP3 e-mail account. When the user is in a section of Third Wave (Pty) Ltd and is asked for personal information, the user is sharing that information with Third Wave (Pty) Ltd, its divisions and/or its third party service providers unless it is specifically stated otherwise.
3. Promotions that run on Third Wave (Pty) Ltd may be sponsored by companies other than Third Wave (Pty) Ltd or may be co-sponsored by Third Wave (Pty) Ltd and another company. Some or all data collected during a promotion may be shared with the sponsor.
4. Third Wave (Pty) Ltd's advertisers or websites that have links on its site may collect personally identifiable information about the user. The information practices of those websites are not covered by this privacy statement.
5. Third Wave (Pty) Ltd's primary goal in collecting personal information is to provide the users, with a better online experience, including interactive communications, online shopping and other services. By knowing a little about the user, Third Wave (Pty) Ltd and its partners are able to deliver more relevant advertisements and content and hence better service to the user.
6. Third Wave (Pty) Ltd delivers targeted advertisements on behalf of advertisers. Advertisers give Third Wave (Pty) Ltd an advertisement and inform Third Wave (Pty) Ltd on the type of audience the advertiser wants to reach. Third Wave (Pty) Ltd takes the advertisement and displays it to users meeting those criteria. In this process, the advertiser never has access to individual account information. Only Third Wave (Pty) Ltd has access to the user's information. This kind of advertisement targeting is done with banner ads, pop-up advertising, button ads as well as promotional e-mails.
7. Third Wave (Pty) Ltd conducts research on Third Wave (Pty) Ltd users' demographics, interests, and behaviour based on the information provided to Third Wave (Pty) Ltd upon registration, during a promotion, from Third Wave (Pty) Ltd server log files or from surveys. Third Wave (Pty) Ltd does this to better understand and serve its users. This research is compiled and analysed on an aggregated basis. Third Wave (Pty) Ltd may share this aggregated data with advertisers or business partners.
8. Third Wave (Pty) Ltd may send marketing information to users via SMS, MMS or email to inform users of new products, content and services. Messages are based on previous purchases, registration or use of Third Wave (Pty) Ltd.
9. Traffic: Web servers serving Third Wave (Pty) Ltd automatically collect information about which pages each user visits and the domain name of visitors. This information is used for internal review, to tailor information to individual visitors and for traffic audits. Third Wave (Pty) Ltd also provides this information (as well as information from third-party market researchers) about its users on an aggregated, anonymous basis to its advertisers. Any personally identifiable information provided by subscribers online as part of an online advertising promotion or in order to access a third party service may be provided directly to the advertiser or third party concerned.
10. Promotions: Many promotions offer opportunities to request additional information from sponsors. When the user requests more information about a particular promotion, their e-mail address may be shared with the sponsor of that promotion.
11. Shopping: If the user makes a purchase from an online store or merchant, the information obtained during their visit to those stores (including tracking information and cookies as described below as well as the information they give such as their credit card number and contact information) is provided to the merchants. This is to enable transactions to take place.
12. Third parties: Online merchants providing services in association with Third Wave (Pty) Ltd have separate privacy and data collection practices. Third Wave (Pty) Ltd has no responsibility or liability for these independent policies. For more information regarding the merchant, their store, and their privacy policies, return to that store's home page and click on the appropriate link.
13. Legal: Third Wave (Pty) Ltd may also disclose user information in special cases when they have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating its policies or may be causing injury to or interference with (either intentionally or unintentionally) Third Wave (Pty) Ltd's rights or property, other Third Wave (Pty) Ltd users, or anyone else that could be harmed by such activities.
14. Statistics and advertisements: Third Wave (Pty) Ltd may perform statistical analyses of user behaviour in order to measure interest in the various areas of its site (for product development purposes) and to inform advertisers as to how many consumers have seen or "clicked" their advertising banners. Third Wave (Pty) Ltd also uses demographic information to allow advertising banners on its Web site to be targeted, in aggregate, to the readers for whom they are most pertinent. This means that readers see advertising that is most likely to interest them, and advertisers send their messages to people who are most likely to be receptive, improving both the viewer's experience and the effectiveness of the ads. In this statistical analyses and banner advertisement targeting, it will disclose information to third parties only in aggregate form.
15. Information automatically provided (e.g. cookies) - this information is gathered to better the user's browsing and interaction with Third Wave (Pty) Ltd. Cookies cannot harm the user's computer or carry viruses.
16. Most browsers are initially set up to accept cookies. The user can reset their browser to refuse all cookies or indicate when a cookie is being sent. However, note that some parts of Third Wave (Pty) Ltd will not function properly if cookies are refused. The user may occasionally get cookies from its advertisers. Third Wave (Pty) Ltd does not control these cookies. The use of advertising cookies sent by third-party servers is standard in the Internet industry.
17. Third Wave (Pty) Ltd also logs IP addresses, or the location of the user's computer on the Internet. An IP address is a number that's automatically assigned to the user's computer whenever the user is surfing the Web. Third Wave (Pty) Ltd collects IP addresses for the purposes of system administration, to report aggregate information to its advertisers, and to audit the use of its site. When users request pages from the Third Wave (Pty) Ltd network, its servers log the users' IP addresses. Third Wave (Pty) Ltd does not normally link IP addresses to anything personally identifiable, which means that a user's session will be logged, but the user remains anonymous to Third Wave (Pty) Ltd. Third Wave (Pty) Ltd can and will use IP addresses to identify a user when Third Wave (Pty) Ltd feels it is necessary to enforce compliance with Terms and Conditions of use or to protect Third Wave (Pty) Ltd's service, site, customers or others.
18. Users should be aware that when they are on Third Wave (Pty) Ltd, they could be directed to other sites that are beyond Third Wave (Pty) Ltd's control. There are links to other sites from Third Wave (Pty) Ltd's pages that take the user outside its service, e.g. clicking on a banner advertisement. These other sites may send their own cookies to users collect data or solicit personal information. Third Wave (Pty) Ltd does not control the privacy policies of its business partners, advertisers, sponsors or other sites to which it provides hyperlinks. Users should keep in mind that whenever they give out personal information online that information can be collected and used by people they don't know. While Third Wave (Pty) Ltd strives to protect its user's personal information and privacy, it cannot guarantee the security of any information the user discloses online and does so at their own risk.
19. The importance of security for all personally identifiable information associated with Third Wave (Pty) Ltd's users is of utmost concern and importance to Third Wave (Pty) Ltd. Third Wave (Pty) Ltd exercises great care in providing secure transmission of the user's information from their PC or phone to its servers. Unfortunately, no data transmission can be guaranteed to be 100% secure. As a result, while Third Wave (Pty) Ltd strives to protect personal information, Third Wave (Pty) Ltd cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and the user does so at their own risk. Once Third Wave (Pty) Ltd receives the user's transmission, Third Wave (Pty) Ltd makes its best effort to ensure its security on Third Wave (Pty) Ltd's systems.

Copyright Policy

1. Third Wave (Pty) Ltd respects the Intellectual Property of others. Third Wave (Pty) Ltd may, in appropriate circumstances and at its discretion, terminate its relationship with users and or Content Providers who infringe the Intellectual Property Rights of others.
2. If a user believes that their work has been copied in a way that constitutes a Copyright Infringement, please provide Third Wave (Pty) Ltd support team with the following information:

1.  
   1. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest
   2. A description of the copyrighted work that the user claims has been infringed
   3. A description of where the material that the user claims has been infringed is located on the site
   4. The user's address, telephone number, and email address
   5. A statement by the user that the user believes, in good faith, that the disputed material has been used without the authorisation of the copyright owner, or authorised agent
   6. A statement by the user, made under penalty of perjury, that the information furnished in support of the user's claim is accurate and that the user is the copyright owner or authorised to act on the copyright owner's behalf.

Linking and Framing

1. Any third party site may link to this website provided that such a link is directed at the home page of this website. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of this website, without the prior written approval of Third Wave (Pty) Ltd.
2. It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of Third Wave (Pty) Ltd.

Access to Third Wave (Pty) Ltd and Registration

1. As Third Wave (Pty) Ltd evolves certain services may require a minimum equipment, specific settings or bandwidth specification. It is the user's responsibility to ensure that they have the right equipment, settings or bandwidth for these services at the time of access. Third Wave (Pty) Ltd is not liable for any failure to use Third Wave (Pty) Ltd caused by the User's failure to do so.
2. Some parts of Third Wave (Pty) Ltd may be accessible only to users who subscribe or pay a "per-use" charge. These sections will be clearly marked.
3. On registration the User must provide accurate and complete information as prompted by the registration form or any other request made by Third Wave (Pty) Ltd ("User Data"). If the user does not complete the mandatory information fields (marked with an asterisk) the registration will be rejected.
4. If any User Data changes the User must change, maintain and promptly update the User Data to keep it accurate and complete. If the User does not or if Third Wave (Pty) Ltd has reasonable grounds to suspect that any User Data is inaccurate or incomplete Third Wave (Pty) Ltd may suspend or terminate the User's account and access to the services.

User Obligations

1. The User acknowledges that by using Third Wave (Pty) Ltd and/or accessing third-party links the User may be exposed to content that is of an adult nature or is offensive, indecent or objectionable. Third Wave (Pty) Ltd is not responsible for any such content and the User must use his/her discretion in whether or not the User may suffer harm as a result of access to this content.
2. The User must not use Third Wave (Pty) Ltd in any way (including to transmit any content) that is contrary to any applicable law or regulation or these Terms, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of privacy, hateful, or racially, ethnically or in any way otherwise objectionable.

Agreements In Terms Of Section 21 of the Electronic Communications and Transactions Act

1. No information or data on this website is an offer but merely an invitation to do business.
2. No agreements shall be concluded merely by sending a data message to this website or its owners, valid agreements require an acknowledgement an offer, of receipt from this website.

Searching Technology

1. The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this website is not permitted if such technology will result in slowing down this website server or copyright infringement of any data and information available from this website. Data and information may only be used in compliance with sections 5 to 8 hereof.

Links to Third Party Sites

1. Third Wave (Pty) Ltd may provide links to the user only as a convenience and the inclusion of any link does not imply Third Wave (Pty) Ltd's endorsement of such sites.
2. Linked websites or pages are not subject to the control of Third Wave (Pty) Ltd. Third Wave (Pty) Ltd shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website.

Security of Information

1. All reasonable steps will be taken to secure a user's information.
2. Users undertake not to divulge their user name and passwords to any other person.
3. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that Third Wave (Pty) Ltd should suffer any damage or loss, civil damages will be claimed.

Severability

1. These Terms and Conditions of Use constitute the entire agreement between Third Wave (Pty) Ltd and the user of this website. Any failure by Third Wave (Pty) Ltd to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
2. In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

Applicable and Governing Law

1. This website is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this website and these terms and conditions.

 Contact Information

1. If you have any questions, queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us or call us on +27 11 462 6871