UrbanX T's & C's

WEBSITE TERMS AND CONDITIONS: 

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE  URBANX 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 URBANX WEBSITE  IMMEDIATELY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS. 

Mission Statement: 

UrbanX 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 UrbanX for either a repair, replacement or refund.  

1. DEFINITIONS AND INTERPRETATION 

1.1. "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). 

1.2. “FirstNet” means FirstNet Technology Services (Pty) Ltd (Registration Number: 2006/031608/074), a private company duly incorporated in accordance with the laws of the Republic of South Africa, and  may also be referred to as "we" or "us";  

1.3. “UrbanX” means FirstNet Technology Services (Pty) Ltd t/a UrbanX (Registration Number:  2006/031608/07) a private company duly incorporated in accordance with the Laws of the Republic  of South Africa; 

1.4. “Website” means the UrbanX 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 FirstNet is the registered owner of the  domain name; 

1.5. “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; 

1.6. References herein to the singular include the plural and vice versa; and 

1.7. 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  

2.1. UrbanX 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 UrbanX 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 UrbanX.  

2.2. 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. 

2.3. All contracts of sale made by UrbanX shall be deemed to incorporate these terms and conditions,  which shall prevail over any other terms prescribed by the User. 

2.4. All orders are subject to acceptance and to availability of the goods or services ordered. UrbanX is  entitled to refuse any order placed by a User.

2.5. You warrant that: 

2.5.1. all details you provide to UrbanX 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 

2.5.2. (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. UrbanX reserves  the right to obtain validation of your credit or debit card details before providing you with any  goods or services. 

2.6. Please note,UrbanX may record and / or monitor inbound and outbound calls and electronic traffic  for training purposes. 

3. DELIVERY, TITLE AND RISK 

3.1. UrbanX 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, UrbanX shall, as soon as reasonably possible, contact you  and advise you of the delay.  

3.2. Except in the case of a Consumer, should UrbanX 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 UrbanX in respect of that order to be refunded. To cancel an order the User must send  written notice of cancellation to UrbanX after the above date but before delivery of the goods or  notification from UrbanX that the goods are ready for delivery.  

3.3. 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. 

3.4. 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. 

3.5. Title in the goods does not pass to the User until UrbanX has received payment in full. 

3.6. If the User cannot accept delivery, UrbanX may at its option: (a) store and insure the goods at the  User's expense and risk or (b) 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 (c) re-arrange delivery provided that UrbanX may charge  the User for the additional delivery costs incurred. 

3.7. 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 UrbanX shall use its reasonable endeavours to provide such  proof.  

3.8. 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). UrbanX 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. 

3.9. UrbanX 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. 

3.10. 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, UrbanX will refund any amounts paid by the  User 

4. WARRANTIES AND RETURNS 

4.1. 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 UrbanX with a valid proof of purchase of the goods in  question. 

4.2. UrbanX 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. 

4.3. The first return will be arranged and paid for by UrbanX (including collection and delivery of the  replacement unit). Additional exchanges or returns will be for the User’s cost, and UrbanX 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 

4.4. UrbanX 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. 

4.5. 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: 

4.5.1. UrbanX '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.  

4.5.2. All returned goods must be accompanied by UrbanX'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 UrbanX's sole discretion. 

4.5.3. UrbanX cannot accept liability for packages damaged during transit. It is the User's  responsibility to wrap the goods adequately to prevent damage. 

4.5.4. 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. 

4.5.5. On receipt of the returned goods, UrbanX will test the goods in order to identify the fault. 

4.5.5.1. If following the testing process, the goods are found to be in good working order  without defect, UrbanX will return the goodsto you, and the carriage costs of this return  will be your responsibility. Please note that if you have, in the meantime, required 

UrbanX to provide you with replacement goods before completion of the testing  process, you will be liable to pay for these goods as well. 

4.5.6. 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. 

4.5.7. The User is under a duty to retain possession of the goods whilst awaiting return to UrbanX and to take reasonable care of them during this period. The User will be liable for any loss of  or damage to the goods if he or she fails to comply with this obligation. 

4.6. Unless otherwise stated in the applicable manufacturer's documentation, all goods delivered to a  South African address carry a 12-month manufacturer's limited warranty. Users who wish to make a  warranty claim must comply with the manufacturer's instructions and warranty procedure. In order  to resolve your problem as quickly as possible, UrbanX may refer you to the product manufacturer  who will deal directly with the return. In these instances, UrbanX will provide you with the contact  information for the relevant manufacturer. If you are a Consumer, this does not affect your statutory  rights. 

4.7. In the case of mobile devices, using incorrectly sized SIM cards, and any physical damage as a result,  is deemed to be improper use or abuse of the goods. This effectively voids the manufacturer’s  warranty and therefore will not be exchanged or returned. This further extends to the use of  unapproved accessories or modifications which effectively void the warranty on the goods. In such  circumstances, UrbanX will not be liable to repair or replace any such devices and no further  correspondence will be entered into once the device is deemed to be out of warranty; 

4.8. UrbanX will not be liable for any damage to your goods or any other electronic devices resulting from  the incorrect use of PoE (Power over Ethernet) or UPS. Any damage resulting from the incorrect use of PoE will void the manufacturer’s warranty; 

4.9. The warranty on the goods is limited to items covered by the manufacturer’s warranty only. The  warranty does not cover lightning damage or any damage deemed to have been caused by the User's  misuse or mistreatment of the product (including damage due to improper return shipping of the  product for exchange, use of unapproved accessories, or any modifications), or any other exclusions  prescribed by the manufacturer 

4.10. Other than the express provisions set out in these terms and conditions, all other terms and the  implied terms or warranties relating to the supply of goods are excluded to the fullest extent  permitted by South African law. Goods are not tested or sold as being fit for any particular application  or for use under specific conditions, unless expressly agreed in writing. 

4.11. Subject to the right of Consumers to return goods for refund under the ECT Act, UrbanX does not sell  products on a trial basis. Users are strongly advised to check suitability and specifications of products  before ordering. In some instances, Users may benefit from special price discounts issued by a  manufacturer specifically for their benefit. Such goods are not returnable to UrbanX or the  manufacturer and may not be sold to other customers. Accordingly, orders for such goods cannot be  cancelled and UrbanX can only accept a return of such goods where they prove to be defective and  the goods are returned for repair or replacement. 

5. THE CONSUMER PROTECTION ACT AND THE ELECTRONIC COMMUNICATIONS ACT 5.1. The provisions of this clause only apply to User’s who are Consumers.

5.2. 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'). 

5.3. If the Regulations apply, Users may cancel goods purchased from UrbanX by sending a written notice  of cancellation by hand delivery or email. 

5.4. The notice of cancellation must be delivered within 7 calendar days of the day after date of delivery  of the goods. 

5.4.1. 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 UrbanX,  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 UrbanX in this regard. 

5.4.2. 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, UrbanX 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. 

5.4.3. Notwithstanding the aforegoing, UrbanX will not accept a return by the Consumer for any goods: 

5.4.3.1. That are made to the Consumers specification; 

5.4.3.2. That are personalised; 

5.4.3.3. That by reason of their nature cannot be returned, including but not limited to: 5.4.3.3.1. 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 FirstNet has the duty to  disclose the following information: 

6.1. The full name and legal status of the Website owner: FirstNet Technology Services (Pty) Ltd;  6.2. Company Registration Number: 2006/031608/074;  

6.3. VAT registration number: 4840236097;  

6.4. Street address: 4 Sunbury Crescent, Sunbury Office Park, La Lucia Ridge, 4019;  6.5. Registered address for receipt of legal notices: PO Box 703, Umhlanga Rocks, 4320;  6.6. Telephone Number: 0861 989 896 

6.7. Main business: Fibre to the home, mobile connectivity and hardware supply;  6.8. The URL address for the Website is: www.urbanx.co.za 

6.9. The official e-mail address of the Website is: support@urbanx.co.za 

6.10. All policies and procedures to which FirstNet subscribes can be found at www.firstnet.co.za 6.11. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding: 

6.11.1. Access to the Website; 

6.11.2. the inability to access the Website; 

6.11.3. the goods and services available from the Website; or 

6.11.4. 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.

6.12. The costs associated with the access and use of the Website are free;  

6.13. Users may lodge complaints concerning the Website at complaints@firstnet.co.za. Users hereby  assign the copyright in such complaints to FirstNet and understand that FirstNet may use, disclose  and publish such complaints and is furthermore under no legal duty to answer, resolve or address  such complaints. 

7. PRICES 

7.1. UrbanX always strives to offer the lowest possible prices, however prices do change over time and as  such UrbanX reserves the right to modify the prices from time to time, at its sole discretion and  without notice. 

7.2. 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. 

7.3. Any prices quoted by UrbanX in local currency may be adjusted by UrbanX due to any fluctuations in  the applicable rate of exchange until the time the order is accepted by UrbanX.  

7.4. All amounts payable hereunder are payable by you to UrbanX in full, without offset or deduction for  taxes (including withholding tax) and custom duties. 

8. ERRORS AND OMISSIONS 

8.1. UrbanX makes every effort to ensure that all prices and descriptions quoted on the Website are  correct and accurate. However, UrbanX is not always in control of pricing and descriptions provided  by third party vendors coupled with the frenetic tempo of e-commerce, which makesit inevitable that  mistakes will occasionally occur. In the case of a manifest error or omission, UrbanX will be entitled  to rescind the contract, notwithstanding that it has already accepted the User's order and/or received  payment from the User. UrbanX '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 UrbanX after the manifest error has been discovered. 

8.2. 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 UrbanX which is more than 10% less than the price that would have been quoted  had the mistake not been made. 

9. PAYMENT 

9.1. Payment is due on upon acceptance of an order by UrbanX unless a User has been approved for credit.  FirstNet's standard credit terms require payment within 30 days from the date of the invoice and are  subject to the User providing UrbanX with an official purchase order. Different terms must be agreed to in writing and signed by a duly authorised representative of UrbanX. 

9.2. If payment is not made on the due date, UrbanX 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 

10.1. UrbanX 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.

10.2. If UrbanX cannot supply the exact goods ordered by the User, UrbanX 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 UrbanX in respect of that order, including carriage charges. This shall be the sole remedy of the  User in these circumstances. 

10.3. 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. UrbanX 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. 

10.4. It is the responsibility of the User to ensure that the goods ordered are suitable for his/her intended  purposes, and UrbanX shall not be liable to the User (or Consumer) in this regard. UrbanX will only be  liable to a Consumer if the Consumer notified UrbanX prior to the order being placed of his/her  intended purposes, and UrbanX confirmed in writing that the goods in question would be suitable for  the intended purpose. 

11. URBANX’S LIABILITY 

11.1. Unless otherwise prohibited under South African law, UrbanX 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 UrbanX may be liable to refund to you, in whole or in part, if the goods are faulty or do not  comply with their description). UrbanX's liability in respect of all other losses shall be limited to the  invoiced amount of the relevant order. 

12. FORCE MAJEURE 

12.1. "Force Majeure" means any cause affecting the performance by UrbanX 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; 

12.2. Where, in spite of its reasonable efforts, UrbanX 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 not that special terms apply to Consumers who wish to return goods, which prevail over the  provisions of this Clause 13.  

13.1. Goods sold as 'Clearance Bargains' or "Stock Blowout" are downgraded goods that UrbanX 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 UrbanX's other terms and conditions,  except those terms and conditions specifically covering Consumers. 

13.2. 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.

13.3. Clearance Bargains, by their very nature, have limited availability. Upon receipt of an order for  Clearance Bargains, UrbanX 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. 

13.4. All goods sold by UrbanX as 'Non-current catalogue requests' ('NCCR') or 'Specials' are sold subject to  the following special rules that apply in addition to UrbanX's other terms and conditions. 

13.4.1. Products are non-returnable unless it can be shown that UrbanX has made an error or the goods  are faulty; 

13.4.2. quoted prices are not subject to value, cash or volume discounts. 

14. CHANGES AND AMENDMENTS 

UrbanX expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any  time without prior notice: 

14.1. change these terms and conditions; 

14.2. change the goods and/or services available from the Website; 

14.3. discontinue any aspect of the Website or any service(s) available from the Website; and/or 14.4. change the software and hardware requirements necessary to access and use the Website. 

15. PRIVACY 

15.1. UrbanX 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); 

15.2. UrbanX may electronically collect, store and use, amongst other, the following personal information  of Users: 

15.2.1. name and surname; 

15.2.2. contact details; 

15.2.3. non-personal browsing habits and click patterns; 

15.2.4. e-mail address; and 

15.2.5. IP address. 

15.3. UrbanX collects, stores and uses the abovementioned information for the following purposes: 

15.3.1. To communicate requested information to the User; 

15.3.2. For its newsletter database (unless you have opted out from receiving marketing material from  UrbanX); 

15.3.3. to contact you regarding current or new goods or services or any other goods offered by UrbanX or any of its divisions and/or partners (unless you have opted out from receiving marketing  material from UrbanX); 

15.3.4. to inform you of new features, special offers and promotional competitions offered by UrbanX or any of its divisions and/or partners (unless you have opted out from receiving marketing  material from UrbanX); 

15.3.5. For registration and / or authentication of Users; and 

15.3.6. to compile non-personal statistical information about browsing habits, click-patterns and access  to the Website; 

15.4. 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;

15.5. UrbanX may collect, maintain, save, compile, share, disclose and sell any information collected from  Users, subject to the following provisions: 

15.5.1. UrbanX shall not disclose personal information from Users unless the User consents thereto; 15.5.2. UrbanX shall disclose information without the User’s consent only through due legal process or  for the purposes set out in 15.3 above; and 

15.5.3. UrbanX may compile, use and share any information that does not relate to any specific  individual; and 

15.5.4. UrbanX owns and retains all rights to non-personal statistical information collected and compiled  by FirstNet. 

16. HYPERLINKS TO THIRD PARTY SITES 

16.1. UrbanX may provide hyperlinks to websites not controlled by UrbanX (“target sites”) and such links  do not imply any endorsement, agreement on or support for the content of such target sites; and 

16.2. UrbanX 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. 

16.3. 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 UrbanX be bound by the terms and conditions of a target  site, unless otherwise agreed in writing. 

17. ENTIRE AGREEMENT AND SEVERABILITY 

17.1. These terms and conditions constitute the entire agreement between UrbanX and the User and shall  take precedence over any disclaimers and/or legal notices attached to any communications and/or  postings received by UrbanX from the User; 

17.2. Any failure by UrbanX to exercise or enforce any right or provision shall in no way constitute a waiver  of such right or provision; and 

17.3. 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 

18.1. UrbanX shall take all reasonable steps to secure the content of the Website and prevent unauthorised  access and/or disclosure to the information provided by and collected from Users. However the User  acknowledges and accepts that UrbanX does not make any warranties or representations that content  shall be 100% safe and secure; 

18.2. UrbanX 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; 

18.3. 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; 

18.4. 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 UrbanX harmless  against any and all liability, damages and losses UrbanX and its partners / affiliates may suffer as a  result of such damaging code;

18.5. Users may not develop, distribute or use any device to breach or overcome the security measures of  the Website and UrbanX reserves the right to claim damages from any and all persons involved with  a security failure or breach; and 

18.6. Any User who commits any of the offences 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 UrbanX and its partners / affiliates. 

19. APPLICABLE AND GOVERNING LAW 

The UrbanX 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 UrbanX 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.