Terms & Conditions
Econet's product and/or service may only be used for a lawful purpose. The subscriber is prohibited from transmitting unlawful,
obscene, profane, hateful or otherwise objectionable information of any kind. The subscriber may not engage in conduct that would constitute a criminal offence, infringe on third party rights, give rise to civil liability to violate any local or international statutes, rule or treaty. Participation in any of the aforementioned activities or other shall be cause for disconnection or cancellation of the subscriber's account at the discretion of Econet without prior notice to the Subscriber. The Subscriber shall forfeit all amounts paid to Econet for the services as of the date of cancellation as a result of the date of cancellation pursuant to the above paragraph.
Econet shall not release any information pertaining to the Subscriber unless required to do so by court order or any other governing laws and/or regulations in place. Econet will do its best to maintain the confidentiality of the subscriber's email but the subscriber acknowledges that third parties may attempt to breach the confidentiality of their data or email through the Internet which is out Econet's control. The Subscriber agrees to respect the privacy and confidentiality of any third party's email by refraining from using software applications intended to reach the privacy of other users. Furthermore, the subscriber shall not release his/her/their password to third parties, and acknowledges full responsibility for all use and liability emanating from its use by third parties.
The Subscriber recognises that the Internet being a complete maze of participating networks which are independently owned and operated and thus not in the control of Econet. Additionally, access to Internet sources may be through the use of software and hardware not provided by Econet. The malfunction of such networks, software or hardware may make the Internet access temporarily or permanently inaccessible to the subscriber. The subscriber agrees that Econet shall not be liable for damages incurred or sums paid when the service is temporarily inaccessible to the subscriber due to the malfunction of such software, hardware or networks outside the control and influence of Econet or due to its abuse, accident, misapplication by the Subscriber or person, entity or firm other than Econet. Although Econet does provide anti-virus software on its network, the client is
strongly advised to install anti-virus software on their computer/s. Econet advises that it is not responsible for any damage, loss of business or inconvenience suffered as a result of virus infection as no anti-virus software is 100% effective against all virus attacks until the anti-virus patch has been produced
4. Accessing Third Party Information, Content and Intellectual Property
Econet offers access to numerous third party web pages and content which is available over email and/or Internet through the email and Internet Services Econet provides. Econet exercises no control over this content, web pages or sites. The Subscriber agrees that it is their responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with the Subscriber. Furthermore, the Subscriber agrees that Econet shall not be responsible or liable either directly or indirectly, in any way, for any loss or damage or claims of any kind incurred as a result of, or in connection with the Subscriber's use of, or reliance on, any such content. Similarly Econet shall not be held responsible or liable either directly or indirectly in any way for any actions for loss or damage or claims of any kind arising out of the breach of intellectual property rights of third parties by the Subscriber as they access content over the Internet, web pages or sites.
5.1 The use of Econet's product and/or service is at the Subscriber's own risk. The Subscriber assumes complete responsibility for, and for all risk of loss resulting from downloading and/or using of the service or any other information obtained from your use of the service. In no circumstances whatsoever shall Econet be liable for any damages whatsoever ( including without limitation, damages for loss of business, profits, business interruption, loss of business information) arising out of the Subscriber's use or inability to use Econet's service, and the Subscriber hereby
waive any and all claims with respect thereto, whether based on contract, tort or other ground.
5.2 The service is provided on an "as is" To the fullest extent permitted by applicable law, Econet expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied warranties of merchantability and fitness for a particular purpose.
The subscriber agrees to defend indemnify and hold harmless Eco's directors ,management, technician and assigns from and against any and all liabilities damages, losses, costs and expenses (including reasonable attorney's fees) caused or arising out of the actions of the Subscriber, its employees or agents in connection with this agreement. The Subscriber further agrees to provide prompt notice to Econet of any complaints claims or other actions made, threatened or initiated against the Subscriber in connection with or as a result of its receipt of the services under the agreement.
Econet may at anytime, without notice to the Subscriber and in any manner whatsoever suspend its provision of its product and/or service to the subscriber in the event that:
7.1 Any modification.
Maintenance or remedial work is required to be undertaken pertaining to any manner whatsoever to the Econet's Network, product or service;
7.2 The subscriber fails to perform his obligations or breaches any terms of this agreement. Further Econet reserves the right to require the Subscriber to effect payment of any reconnection charges pursuant to the restoration of services suspended in terms of this clause 10.2.
7.3 The Subscriber at any time exceeds the credit limit which Econet in its absolute discretion shall set and notify the Subscriber
of from time to time.
8.1 The terms and conditions may not be assigned, ceded or sold or otherwise transferred to a third party by the Subscriber hereto without the prior written consent of Econet.
8.2 The terms and conditions hereunder shall be governed and construed in accordance with the laws of Zimbabwe.
8.3 The venue for all disputed matters and performance under the terms and conditions of this agreement shall be the city of