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Privacy Policy
Terms & Conditions

Privacy Policy

  1. Introduction

    1. This privacy policy forms part of our terms and conditions as reflected in this website. We are committed to ensuring that your personal information is kept private and confidential and is protected. This privacy policy regulates the manner in which we collect, use, disclose, transfer and share your personal information.

  2. The information we collect and how we use it

    1. When you register and/or subscribe for EliteMail we may need to know, amongst other things, your full name, identity number, physical and postal address, credit card number, expiry date and CVV security number, debit order details, e-mail address and telephone number. If you subscribe to our mailing lists for latest news and other information, you will be asked to specify the areas in which you are interested so that we can tailor the information which we send to you to cover the topics which we believe you might be interested in.

    2. IP addresses, codes, user names and passwords and other related content, products viewed, subscription history, pages visited, links opened and similar information may be stored automatically by the website.

    3. We may use your personal information:

      1. to improve customer service and help us respond more efficiently to customer service requests and support needs of our customers;

      2. for the purpose of providing you with information about any special EliteMail offers or changes to the product which we think may be of interest to you and for related marketing purposes;

      3. to compile profiles for statistical purposes and to help us develop and improve our website for the benefit of our customers.

    4. We will not:

      1. use your personal information for any other purpose other than for the provision of EliteMail which you have selected or in relation to this website or the provision of services by our service provider; and

      2. sell, transfer or disclose your personal information to any third party without your express consent.

    5. In order to enhance your use of the website you will be given a session ID which will only last for the duration of that visit to the website. Each time you visit the website you will have a different session ID. By submitting your information you consent to the use of that information as set out in this Privacy Policy.

  3. Opt in / Opt out

    1. If at any time you wish to receive information about the EliteMail offering which you currently do not receive, or if you wish to stop receiving some or all of the information that we currently send, you may amend or remove your preferences by selecting the unsubscribe option on any mail that we send you and update your preferences. If you have any queries about how to use the mailing preference system, please contact our Customer Service Department.

  4. Cookies

    1. Our site uses cookies to keep track of your visits to our web site. A cookie is a small file that can be stored by your browser on your computer's hard drive. We may use these to do a number of things. We use cookies to deliver contents specific to your interest and to save your password so that you don't have to re-enter it every time you visit our site. Cookies help us to recognise when you next visit our web site and note the advertisements displayed to you. This allows us to tailor the service we provide to your preferences. You can usually change your browser so that it will not accept cookies.

  5. Security of your personal information

    1. Whilst we cannot guarantee the absolute security of your personal information, we will take all reasonable steps or measures to keep such personal information secure and protected. We have implemented appropriate and reasonable technology, policies and procedures armed at protecting the privacy and confidentiality of your personal information.

  6. Your consent

    1. By subscribing to EliteMail submitting your personal information and using our website, you explicitly agree and consent to the provisions of this Privacy Policy, including the provisions of our Terms and Conditions. If we change our Privacy Policy we will post the changes on this website so that you are always aware of what information we collect, how we use and under what circumstances we disclose it. We will also email you should we make any changes to give you a chance to ask us not to use your information in that way, in which case the provisions in this policy will continue to apply.

    2. The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. We shall not be responsible for any detrimental reliance you place on this website or its contents. We are providing this website and its contents (including any downloadable data or software) on an 'as is' basis and make no representations or warranties of any kind with respect to this website or its contents and disclaim all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, we make no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this website or that any software or the server that makes it available are free of viruses or other harmful components. The information contained in this website may contain technical inaccuracies or typographical errors. All liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law. Neither we nor any of our members, employees or other representatives will be liable for damages arising out of or in connection with the use of this website in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

  7. Hyper-links

    1. Our website may contain hyper-links. These hyper-links connect you to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our web site is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on our part.

  8. Copyright notice

    1. All design, text, graphics and the selection or arrangement thereof are the copyright of EliteMail or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with us, or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without our prior written permission is strictly prohibited.

Terms and Conditions

  1. Entering into the Agreement

    1. You have agreed to let us provide you with the Services, on certain terms and conditions. This document records the additional terms and conditions of the supply of the Services to you.

    2. The terms and conditions agreed during the above mentioned telephone conversation and the terms and conditions recorded in this document constitute the entire agreement regarding the provision of the Services to you.

    3. We have defined some of the words which have particular meanings in clause 12 of the Agreement.

    4. If there are any words or terms and conditions which you have difficulty understanding, please contact our customer service department at support@elitemail.co.za and we will contact and assist you.

    5. We may from time to time amend these terms and conditions. Should we do so, we will notify you.

  2. Duration and Termination

    1. We will provide you with the Services from the conclusion of the Agreement, until such time as the Agreement is terminated by you (or us).

    2. Either you or us may, for any reason, terminate the Agreement by giving each other 20 Business Days' written notice. Any notice by you to terminate the Agreement must be sent to support@elitemail.co.za.

    3. If you terminate the Agreement we will have the right to keep any money paid by you in advance, but subject to restrictions applied by law.

  3. The Services

    1. We will take all reasonable steps within our control to provide you with the Services.

    2. The Services can only be accessed via an internet connection.

    3. We cannot always guarantee that the Services will be fault-free. The Services can be affected by factors outside of our control; including, amongst other things, inclement weather, power outages, your and our internet connectivity, faults experienced by our respective internet service providers and the like.

    4. No advice and no information, whether it be oral or written, obtained by the user from www.elitemail.co.za during use of the service shall create guarantees not expressly provided by this agreement. The use of the service is provided on the basis of an ‘as is’ service and accessible with respect to its availability. EliteMail provides no express or implicit guarantee.

    5. The upgrading and maintenance of the Website may result in interruptions or unavailability of the Services from time to time. Where possible, we will advise you of this in advance.

  4. Payment for the Services

    1. You shall pay all amounts due under this Agreement by way of a monthly debit order.

    2. You have authorised us to collect payment for the Services by way of a monthly debit order on a date nominated by you. In the event that a monthly debit order fails, for any reason, we will debit your account on any other date for that month’s subscription. For this purpose, we are entitled to use lawful means to monitor your banking account in order to assess the most appropriate time to execute the monthly debit order.

    3. You cannot cancel your monthly debit order without our prior written consent.

    4. If the date of your debit order falls on a Sunday or public holiday, you agree that your debit order will go off on the last Business Day before the Sunday or public holiday.

  5. Changes in price

    We may change the price which you pay for the Services from time to time. In particular (but without limitation), we will increase the price by a reasonable margin on an annual basis. If you want to receive particular notice of such increase, you need to tell us so in writing. Should you not find an increase acceptable, you may cancel this Agreement on 20 Business Days’ notice.

  6. Failure to pay for the Services

    If you do not pay for the Services in full and on time, via the debit order, you will be in breach of the Agreement and we may cease providing you with the Services, and can implement the provisions of clause 10.

  7. Complaints

    1. We have a complaints department which is used to resolve disputes when they first arise. If you have a complaint, please contact the customer service department at support@elitemail.co.za.

  8. Information and disclosure

    1. In entering into the Agreement with you and providing the Services to you, we will come into possession of information pertaining to you. Insofar as it is permissible in law, and save for your banking details, we will hold that information as our own and will be entitled to disclose it to such third parties as we deem appropriate.

    2. You warrant and guarantee that all information supplied to us is true and correct.

    3. Should your address, or any other information which you have given to us, change you must inform us of the change immediately in writing to support@elitemail.co.za.

  9. Indemnity and waiver

    1. The Services which we provide will in some cases constitute the introduction by us to you of Service Providers, who will provide services to you in their own capacity as your contractor (even though in terms of the Services, we might fund a particular element of the cost of the Service Provider). In these cases, the Service Provider will be your contractor (even though we might fund an element of the cost) and in terms of the Services, we will not be responsible for any disputes, damages, losses or claims arising from or related to such introductions.

    2. You indemnify us, our employees and agents against any claim, loss or damage which you or anyone else may suffer arising directly or indirectly from the Agreement, the accessing of the Website and the provision of the Services.

    3. To the extent permitted by law, we exclude and you waive all liability against us, our employees and agents, for any direct, indirect or consequential loss, costs, expenses or damage incurred by you or anyone else, whether in common law, in terms of statute or otherwise arising directly or indirectly from the Agreement, the accessing of the Website and the provision of the Services, save for instances of gross negligence on our part.

  10. Breach

    1. In the event that you breach the Agreement we have the right to:

      1. enforce the Agreement; or

      2. terminate the Agreement.

  11. General

    1. Notwithstanding anything to the contrary, a written notice actually received by you will be adequate written notice.

    2. You acknowledge that in entering into this Agreement, you have not relied on any promises, representations or other statements made by us or on our behalf.

    3. If you are under the age of 18 years you warrant that you have the assistance of a parent or guardian in entering into the Agreement.

    4. If any term or condition is found to be invalid or unenforceable, that term will be removed and the invalid or unenforceable term will not affect the validity of the remainder of this Agreement, which will remain effective.

    5. If the Agreement arose through direct marketing you may terminate the Agreement, in writing, within 5 Business Days' after the date on which the Agreement was concluded.

    6. The purpose of these General Terms and Conditions is to define the modalities and conditions under which EliteMail allows Internet and mobile Internet (WAP) users to download the EliteMail software for cell phones from the site (www.elitemail.co.za). A user is any natural or legal person taking advantage of access to the Internet and to the www.EliteMail.co.za site. Any use of any of the EliteMail service implies that the user provided their full and complete acceptance of the General Terms and Conditions. EliteMail retains the right to modify these using conditions. However, before any modification, users will be notified on the www.EliteMail.co.za site. If the user does not accept modifications to the General Terms and Conditions, he/she is free to terminate the service contract.

    7. Respect for the right of intellectual property

      The user is prohibited from reproducing, copying, selling, reselling or exploiting for any business purpose whatsoever all or part of the services delivered, images, texts, and logos identifying the www.EliteMail.co.za site. Any complete or partial reproduction of these trademarks without the express authorization of EliteMail is thus prohibited and will constitute an infringement punishable by the terms expressed in the Code of Intellectual Property.

    8. Connection / Links

      EliteMail or third parties may include links to other Web sites or other Internet sources. Insofar as EliteMail cannot control these sites and external sources, the user recognises that EliteMail cannot be held responsible for making these sites and external sources available and cannot be held responsible for the contents, advertising, products, and services, etc., available on or from these sites or external sources. For further information on the legal provisions of these sites, the user may contact EliteMail directly at support@elitemail.co.za In addition, the user recognises that EliteMail cannot be held responsible for any damages or losses resulting from or with relation to the use of the content available on or from the site.

    9. Vouchers

      1. This clause 11.9 shall apply to all voucher holders.

      2. A voucher will offer you full access to the Elitemail service for the period specified on your voucher only. If no period is specified on the voucher you can call us on 0861 997 793 or email us at support@elitemail.co.za and we will supply you with the access period applied to your voucher code

      3. The Vouchers may only be redeemed at www.elitemail.co.za.

      4. A Voucher is valid for only 36 months from the date that the Voucher is created and a Voucher cannot be redeemed once the 36 month period has elapsed.

      5. Expired Vouchers will not be refunded or replaced.

      6. Only 1 Voucher may be used at any one time.

      7. Vouchers cannot be exchanged for money and are non-refundable.

  12. Definitions.

    1. "the Agreement" means the terms and conditions agreed to by you and us during the course of a telephone conversation between you and us (or our direct marketing agents) and the terms and conditions recorded in this document;

    2. "Business Days" means all days, excluding Saturdays, Sundays and public holidays. When calculating business days, one must exclude the first day on which the event occurs and include the last day;

    3. "the Services" means the value added service which we call EliteMail, which gives you the discounts and benefits, to which we referred during our telephone conversation, and which are more fully described on our Website at www.elitemail.co.za

    4. "Service Provider" means any third party who is a supplier of any benefit or discount to you under or in terms of the Services;

    5. "we", "us" and "our" mean EliteMail, the proprietor of which is Ignition Telecoms Investments (Pty) Ltd its affiliates, subsidiaries or its successors-in-title;

    6. "Website" means www.elitemail.co.za

    7. "you" and/or "your" means you the customer who applies for and receives the Services.

IMPORTANT: The clauses printed in bold relate to issues which may pose some risk for you or which may limit our liability or which you may not ordinarily expect. Please pay special attention to these clauses. By entering into the Agreement you, in addition to accepting all the terms of the Agreement, also specifically signify that you understand the bold clauses and accept them.