Terms & Conditions
1. Cancellation
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.
2.
Confidentiality
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.
3.
Liability
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. Disclaimer
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.
6. Indemnification
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.
7.
Suspension
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. Miscellaneous
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
Harare, Zimbabwe.

