WEBSITE TERMS AND CONDITIONS:

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE URBANXCONNECT (PTY) LTD WEBSITE OR ANY PART THEREOF (THE “WEBSITE”) IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (“ECT”) ACT 25 OF 2002 (AS AMENDED).

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE URBANXCONNECT (PTY) LTD WEBSITE IMMEDIATELY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

Mission Statement:

UrbanXConnect (Pty) Ltd is committed to you having the best possible experience when using the website, and to ensuring that only goods of the highest quality are sold on the website.

If you are dissatisfied with your purchase, subject to the terms and conditions below, you may return the goods to UrbanXConnect (Pty) Ltd for either a repair, replacement or refund.

1. DEFINITIONS AND INTERPRETATION

   1. "Consumer" means an individual who is not acting for the purposes of his or her business or profession, but rather in his or her personal capacity as the final user of the products or services, as envisioned by the Consumer Protection Act of 2008 (as amended) (“CPA”) or ECT Act (as applicable).
   2. “UrbanXConnect (Pty) Ltd” means UrbanXConnect (Pty) Ltd (Registration Number: Reg 2015/379007/07) a private company duly incorporated in accordance with the Laws of the Republic of South Africa;
   3. “Website” means the UrbanXConnect (Pty) Ltd website located at www.urbanx.co.za and includes any part or element thereof, as well as any other website linked to it of which UrbanXConnect (Pty) Ltd is the registered owner of the domain name;
   4. “User” or “you” means any person who enters or uses the Website, notwithstanding the fact that such a person only visited the home page of the Website;
   5. References herein to the singular include the plural and vice versa; and
   6. Notwithstanding the fact that there are hyperlinks in these terms and conditions to other notices and legislation that should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.

2. ORDERS

   1. UrbanXConnect (Pty) Ltd understands that you want the goods you order to be made available at the lowest possible prices and with the fastest possible delivery time. In order to ensure the best possible service and delivery, you must notify UrbanXConnect (Pty) Ltd immediately of your intention to cancel any specific order as many orders are dispatched on the same day the order is placed, as such cancellation of orders by non-consumers is not accepted by UrbanXConnect (Pty) Ltd.
   2. Cancellation of orders by Consumers will only be accepted in accordance with the ECT Act or CPA (as applicable). Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.
   3. All contracts of sale made by UrbanXConnect (Pty) Ltd shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms prescribed by the User.
   4. All orders are subject to acceptance and to availability of the goods or services ordered. UrbanXConnect (Pty) Ltd is entitled to refuse any order placed by a User.
   5. You warrant that:
      1. all details you provide to UrbanXConnect (Pty) Ltd for the purpose of purchasing goods or services offered on the Website are correct and you (the User) accept that you will remain fully liable for any orders placed using a valid user ID and password; and
      2. (a) the credit or debit card you use to make a purchase from the Website is your own card or your company's card; (b) you are authorised to use it; and (c) there are sufficient funds or credit facilities to cover the cost of any goods or services you order from the Website. UrbanXConnect (Pty) Ltd reserves the right to obtain validation of your credit or debit card details before providing you with any goods or services.
   6. Please note, UrbanXConnect (Pty) Ltd may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.

3. DELIVERY, TITLE AND RISK

   1. UrbanXConnect (Pty) Ltd shall use reasonable endeavours to despatch goods by the date agreed with the User, but does not accept any liability for a failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, UrbanXConnect (Pty) Ltd shall, as soon as reasonably possible, contact you and advise you of the delay.
   2. Except in the case of a Consumer, should UrbanXConnect (Pty) Ltd be unable to deliver the goods within 30 days of the agreed delivery date, the User will, as its sole remedy, be entitled to cancel the order and require any monies paid to UrbanXConnect (Pty) Ltd in respect of that order to be refunded. To cancel an order the User must send written notice of cancellation to UrbanXConnect (Pty) Ltd after the above date but before delivery of the goods or notification from UrbanXConnect (Pty) Ltd that the goods are ready for delivery.
   3. You accept that delivery will occur on Business Days and as such you will required to be available to accept the goods when they are ready for delivery during Business Hours.
   4. Delivery is deemed to take place when the goods are delivered to the User's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the User.
   5. Title in the goods does not pass to the User until UrbanXConnect (Pty) Ltd has received payment in full.
   6. If the User cannot accept delivery, UrbanXConnect (Pty) Ltd may at its option:
      1. store and insure the goods at the User's expense and risk or
      2. sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the User any excess over the sale price or charge the User for any shortfall or
      3. re-arrange delivery provided that UrbanXConnect (Pty) Ltd may charge the User for the additional delivery costs incurred.
   7. The User may request a proof of delivery, provided that this request is made in writing within 3 (three) months from the date of delivery and UrbanXConnect (Pty) Ltd shall use its reasonable endeavours to provide such proof.
   8. Upon delivery of the goods, the User will be asked, and expressly agrees, to sign a proof of delivery or invoice (as applicable) to acknowledge safe receipt of the goods. It is the responsibility of the User to ensure that the number of packages and/or goods delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the proof of delivery or invoice (as applicable). UrbanXConnect (Pty) Ltd shall not be liable for discrepancies, shortages, or damage evident on delivery where the User accepts delivery and signs the proof of delivery without amendment.
   9. UrbanXConnect (Pty) Ltd reserves the right to part ship goods on all orders to the User and to invoice each shipment separately, unless otherwise agreed to with the User.
   10. In the case of fibre to the home services where once off fees have been charged and the service cannot be installed due to upstream carrier difficulties, UrbanXConnect (Pty) Ltd will refund any amounts paid by the User.

4. WARRANTIES AND RETURNS

   1. Please note that additional special terms apply to Consumers, as stated in clause 5 below. Please note that all returns are subject to you providing UrbanXConnect (Pty) Ltd with a valid proof of purchase of the goods in question.
   2. UrbanXConnect (Pty) Ltd has a 7-day goods return policy. Goods can be returned for any reason during this period, after this period goods may only be returned if defective and covered under a manufacturer warranty. Excluding defective goods, returned goods must be unopened and in a perfect re-saleable condition (including all shipped packaging, parts and accessories) to be eligible for a refund or exchange. Returns that are incomplete or not in the original shipped condition will not be eligible for a refund nor will they be replaced with new units.
   3. The first return will be arranged and paid for by UrbanXConnect (Pty) Ltd (including collection and delivery of the replacement unit). Additional exchanges or returns will be for the User's cost, and UrbanXConnect (Pty) Ltd will not be liable to reimburse any costs. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.
   4. UrbanXConnect (Pty) Ltd is committed to providing you with the highest quality goods and service. However, on rare occasions, goods may be found to be faulty or defective. In such cases we offer the in warranty returns facilities described below.
   5. Subject to testing to verify any alleged fault, we will accept the return of defective goods for a repair, refund or replacement at our option, only if, the goods are returned within the applicable manufacturer warranty period. Users who wish to return defective products accept that such returns are subject to the following:
      1. UrbanXConnect (Pty) Ltd's technical support staff will advise you of which method of delivery to use to return the goods. Depending on the nature of the goods purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you.
      2. All returned goods must be accompanied by UrbanXConnect (Pty) Ltd's Returns Authorisation number ('RA Number') which can be obtained by contacting User Support. Returned goods will not be accepted without an RA Number. Do not write directly on the manufacturer's packaging. Please write the RA number on the address label provided with the Returns Authorisation and attach it to the returned package. Any defacement of the manufacturer's packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at UrbanXConnect (Pty) Ltd's sole discretion.
      3. UrbanXConnect (Pty) Ltd cannot accept liability for packages damaged during transit. It is the User's responsibility to wrap the goods adequately to prevent damage.
      4. Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
      5. On receipt of the returned goods, UrbanXConnect (Pty) Ltd will test the goods in order to identify the fault.
      6. If following the testing process, the goods are found to be in good working order without defect, UrbanXConnect (Pty) Ltd will return the goods to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required UrbanXConnect (Pty) Ltd to provide you with replacement goods before completion of the testing process, you will be liable to pay for these goods as well.
      7. This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the User or its employees or agents, or if the goods have not been used in accordance with the manufacturer's instructions, or for any of the general warranty exclusions stated in this clause 4.

5. THE CONSUMER PROTECTION ACT AND THE ELECTRONIC COMMUNICATIONS ACT

   1. The provisions of this clause only apply to User's who are Consumers.
   2. Contracts for the purchase of goods by a Consumer (not acting in the course of his/her business) and made over the telephone or through the Website, are, with the exception of certain excepted contracts, subject to The Consumer Protection Act and/or the ECT Act ('the Regulations').
   3. If the Regulations apply, Users may cancel goods purchased from UrbanXConnect (Pty) Ltd by sending a written notice of cancellation by hand delivery or email.
   4. The notice of cancellation must be delivered within 7 calendar days of the day after the date of delivery of the goods.
      1. The User will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the User does not actually return the goods to UrbanXConnect (Pty) Ltd, the User is under a duty to make the goods available for collection from the address to which they were delivered, and the User will be liable for all costs incurred by UrbanXConnect (Pty) Ltd in this regard.
      2. In terms of section 44 of the ECT Act read with section 20 (6) of the CPA, should the goods returned not be in their original unopened packaging, UrbanXConnect (Pty) Ltd reserves the right to charge you a reasonable amount necessary in order to repackage the goods for resale, and the reasonable amount will be determined based on the size of the goods to be repackaged.
      3. Notwithstanding the aforegoing, UrbanXConnect (Pty) Ltd will not accept a return by the Consumer for any goods:
      1. That are made to the Consumer's specification;
      2. That are personalised;
      3. That by reason of their nature cannot be returned, including but not limited to:
      1. Hardware, where the manufacturers seal (either on the box or the actual product) has been broken, as these goods are not capable of being resealed;

6. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

   The purchase of goods and services from the Website as well as access to the services, content, software and catalogues available from the Website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and UrbanXConnect (Pty) Ltd has the duty to disclose the following information:

   1. The full name and legal status of the Website owner: UrbanXConnect (Pty) Ltd;
   2. Company Registration Number: Reg 2015/379007/07;
   3. VAT registration number: 4460274550;
   4. Street address: 11 Richefond Circle, Umhlanga Ridge, Durban, 4319;
   5. Registered address for receipt of legal notices: PO Box 703, Umhlanga Rocks, 4320;
   6. Telephone Number: 0870 775 000;
   7. Main business: Fibre to the home, mobile connectivity and hardware supply;
   8. The URL address for the Website is: www.urbanx.co.za;
   9. The official e-mail address of the Website is: support@urbanxconnect.co.za;
   10. All policies and procedures to which UrbanXConnect (Pty) Ltd subscribes can be found at www.urbanx.co.za;
   11. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
       1. Access to the Website;
       2. The inability to access the Website;
       3. The goods and services available from the Website; or
       4. These terms and conditions,
       shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
   12. The costs associated with the access and use of the Website are free;
   13. Users may lodge complaints concerning the Website at complaints@urbanxconnect.co.za. Users hereby assign the copyright in such complaints to UrbanXConnect (Pty) Ltd and understand that UrbanXConnect (Pty) Ltd may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.

7. PRICES

   1. UrbanXConnect (Pty) Ltd always strives to offer the lowest possible prices, however prices do change over time and as such UrbanXConnect (Pty) Ltd reserves the right to modify the prices from time to time, at its sole discretion and without notice.
   2. Goods and services are invoiced at the price prevailing at time of acceptance of order. VAT is charged at the rate applicable at the time of invoicing or otherwise in accordance with South African law.
   3. Any prices quoted by UrbanXConnect (Pty) Ltd in local currency may be adjusted by UrbanXConnect (Pty) Ltd due to any fluctuations in the applicable rate of exchange until the time the order is accepted by UrbanXConnect (Pty) Ltd.
   4. All amounts payable hereunder are payable by you to UrbanXConnect (Pty) Ltd in full, without offset or deduction for taxes (including withholding tax) and custom duties.

8. ERRORS AND OMISSIONS

   1. UrbanXConnect (Pty) Ltd makes every effort to ensure that all prices and descriptions quoted on the Website are correct and accurate. However, UrbanXConnect (Pty) Ltd is not always in control of pricing and descriptions provided by third party vendors coupled with the frenetic tempo of e-commerce, which makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, UrbanXConnect (Pty) Ltd will be entitled to rescind the contract, notwithstanding that it has already accepted the User's order and/or received payment from the User. UrbanXConnect (Pty) Ltd's liability in that event will be limited to the return of any money the User has paid in respect of the order. In the case of a manifest error in relation to price, the User will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by UrbanXConnect (Pty) Ltd after the manifest error has been discovered.
   2. A 'manifest error', as the term is used in 8.1 above, means, in relation to an incorrect price, a price quoted in error by UrbanXConnect (Pty) Ltd which is more than 10% less than the price that would have been quoted had the mistake not been made.

9. PAYMENT

   1. Payment is due on acceptance of an order by UrbanXConnect (Pty) Ltd unless a User has been approved for credit. UrbanXConnect (Pty) Ltd's standard credit terms require payment within 30 days from the date of the invoice and are subject to the User providing UrbanXConnect (Pty) Ltd with an official purchase order. Different terms must be agreed to in writing and signed by a duly authorised representative of UrbanXConnect (Pty) Ltd.
   2. If payment is not made on the due date, UrbanXConnect (Pty) Ltd will be entitled to charge interest daily on the outstanding balance at the rate of 3% above prime interest rate from time to time and furthermore an administration fee of R250 shall be applied to each overdue invoice.

10. PRODUCT SPECIFICATIONS

    1. UrbanXConnect (Pty) Ltd makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
    2. If UrbanXConnect (Pty) Ltd cannot supply the exact goods ordered by the User, UrbanXConnect (Pty) Ltd reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the User does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to UrbanXConnect (Pty) Ltd in respect of that order, including carriage charges. This shall be the sole remedy of the User in these circumstances.
    3. Due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel stuck on or off) are accepted by the industry as unavoidable. Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a portable computer using an LCD/LED screen. Please be aware of this before purchasing a TFT screen. UrbanXConnect (Pty) Ltd has to adhere to the manufacturer's guidelines stipulating that a given number of pixel failures are deemed acceptable before the TFT screen is accepted for replacement on grounds of fault.
    4. It is the responsibility of the User to ensure that the goods ordered are suitable for his/her intended purposes, and UrbanXConnect (Pty) Ltd shall not be liable to the User (or Consumer) in this regard. UrbanXConnect (Pty) Ltd will only be liable to a Consumer if the Consumer notified UrbanXConnect (Pty) Ltd prior to the order being placed of his/her intended purposes, and UrbanXConnect (Pty) Ltd confirmed in writing that the goods in question would be suitable for the intended purpose.

11. URBANXCONNECT (PTY) LTD'S LIABILITY

    1. Unless otherwise prohibited under South African law, UrbanXConnect (Pty) Ltd shall under no circumstances be liable to you for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss ("Financial loss" in this sense does not refer to the price you have paid for the goods, which UrbanXConnect (Pty) Ltd may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). UrbanXConnect (Pty) Ltd's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.

12. FORCE MAJEURE

    1. "Force Majeure" means any cause affecting the performance by UrbanXConnect (Pty) Ltd of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, epidemics, pandemics, lockdowns, fire, flood or any disaster or industrial dispute affecting a third party;
    2. Where, in spite of its reasonable efforts, UrbanXConnect (Pty) Ltd is unable to perform an obligation due to circumstances beyond its reasonable control or as a result of a Force Majeure event, it shall not be deemed to be in breach of its contract with the User.

13. SPECIAL RULES FOR CLEARANCE BARGAINS & NON-CURRENT CATALOGUE REQUESTS ('NCCR') PRODUCTS

    Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 13.
    1. Goods sold as 'Clearance Bargains' or "Stock Blowout" are downgraded goods that UrbanXConnect (Pty) Ltd is able to offer at a discount on the normal catalogue price. Stocks of goods offered as Clearance Bargains are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override, all of UrbanXConnect (Pty) Ltd's other terms and conditions, except those terms and conditions specifically covering Consumers.
    2. Clearance Bargains are graded according to the condition of the goods, which is described at the point of sale. The length of the guarantee (if any), with the benefit of which the goods are sold, is specified in the description of the relevant grade.
    3. Clearance Bargains, by their very nature, have limited availability. Upon receipt of an order for Clearance Bargains, UrbanXConnect (Pty) Ltd will check stock availability. Until stock availability is confirmed to the User, a contract for sale will not be created and no payment will be debited from the User.
    4. All goods sold by UrbanXConnect (Pty) Ltd as 'Non-current catalogue requests' ('NCCR') or 'Specials' are sold subject to the following special rules that apply in addition to UrbanXConnect (Pty) Ltd's other terms and conditions.
    5. Products are non-returnable unless it can be shown that UrbanXConnect (Pty) Ltd has made an error or the goods are faulty;
    6. Quoted prices are not subject to value, cash, or volume discounts.

14. CHANGES AND AMENDMENTS

    UrbanXConnect (Pty) Ltd expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
    1. Change these terms and conditions;
    2. Change the goods and/or services available from the Website;
    3. Discontinue any aspect of the Website or any service(s) available from the Website; and/or
    4. Change the software and hardware requirements necessary to access and use the Website.

15. PRIVACY

    1. UrbanXConnect (Pty) Ltd shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Protection of Personal Information Act (POPI);
    2. UrbanXConnect (Pty) Ltd may electronically collect, store, and use, amongst other, the following personal information of Users:
       1. Name and surname;
       2. Contact details;
       3. Non-personal browsing habits and click patterns;
       4. E-mail address; and
       5. IP address.
    3. UrbanXConnect (Pty) Ltd collects, stores, and uses the abovementioned information for the following purposes:
       1. To communicate requested information to the User;
       2. For its newsletter database (unless you have opted out from receiving marketing material from UrbanXConnect (Pty) Ltd);
       3. To contact you regarding current or new goods or services or any other goods offered by UrbanXConnect (Pty) Ltd or any of its divisions and/or partners (unless you have opted out from receiving marketing material from UrbanXConnect (Pty) Ltd);
       4. To inform you of new features, special offers, and promotional competitions offered by UrbanXConnect (Pty) Ltd or any of its divisions and/or partners (unless you have opted out from receiving marketing material from UrbanXConnect (Pty) Ltd);
       5. For registration and/or authentication of Users; and
       6. To compile non-personal statistical information about browsing habits, click-patterns, and access to the Website;
    4. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;
    5. UrbanXConnect (Pty) Ltd may collect, maintain, save, compile, share, disclose and sell any information collected from Users, subject to the following provisions:
       1. UrbanXConnect (Pty) Ltd shall not disclose personal information from Users unless the User consents thereto;
       2. UrbanXConnect (Pty) Ltd shall disclose information without the User's consent only through due legal process or for the purposes set out in 15.3 above; and
       3. UrbanXConnect (Pty) Ltd may compile, use, and share any information that does not relate to any specific individual; and
       4. UrbanXConnect (Pty) Ltd owns and retains all rights to non-personal statistical information collected and compiled by UrbanXConnect (Pty) Ltd.

16. HYPERLINKS TO THIRD PARTY SITES

    1. UrbanXConnect (Pty) Ltd may provide hyperlinks to websites not controlled by UrbanXConnect (Pty) Ltd (“target sites”) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
    2. UrbanXConnect (Pty) Ltd does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
    3. The User acknowledges that his/her use of target sites may be subject to separate or additional terms and conditions, and to the extent there exists a conflict between the terms and conditions of the target site and these terms and conditions, these terms and conditions will prevail and take precedence. Under no circumstances will UrbanXConnect (Pty) Ltd be bound by the terms and conditions of a target site, unless otherwise agreed in writing.

17. ENTIRE AGREEMENT AND SEVERABILITY

    1. These terms and conditions constitute the entire agreement between UrbanXConnect (Pty) Ltd and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by UrbanXConnect (Pty) Ltd from the User;
    2. Any failure by UrbanXConnect (Pty) Ltd to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and
    3. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

18. SECURITY

    1. UrbanXConnect (Pty) Ltd shall take all reasonable steps to secure the content of the Website and prevent unauthorized access and/or disclosure to the information provided by and collected from Users. However, the User acknowledges and accepts that UrbanXConnect (Pty) Ltd does not make any warranties or representations that content shall be 100% safe and secure;
    2. UrbanXConnect (Pty) Ltd is under no legal duty to encrypt any content or communications from and to the Website and is also under no legal duty to provide digital authentication of any page on the Website;
    3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Website or the server and computer network that support the Website;
    4. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold UrbanXConnect (Pty) Ltd harmless against any and all liability, damages, and losses UrbanXConnect (Pty) Ltd and its partners/affiliates may suffer as a result of such damaging code;
    5. Users may not develop, distribute, or use any device to breach or overcome the security measures of the Website and UrbanXConnect (Pty) Ltd reserves the right to claim damages from any and all persons involved with a security failure or breach; and
    6. Any User who commits any of the offenses detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss, or damages suffered and/or incurred by UrbanXConnect (Pty) Ltd and its partners/affiliates.

19. APPLICABLE AND GOVERNING LAW

    1. The UrbanXConnect (Pty) Ltd website is hosted, controlled, and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the UrbanXConnect (Pty) Ltd website, its content, services, and these terms and conditions. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications, or the like instituted by either party against the other, arising from any of these terms and conditions.