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RUCCA NETWORKS ("Rucca.net") TERMS AND CONDITIONS

Please read the following terms and conditions very carefully

Your use of this website or any website operated or owned by Rucca.net and other services is subject to your acceptance of and compliance with the terms and conditions ("Terms"). 

We may periodically change the terms and conditions, without notice, so kindly check them from time to time as your continued use of the site signifies your acceptance of any changed terms.

1. INTRODUCTION

Thank you for using the Rucca.net website ("the site"). The site is owned by Rucca Networks CC of PO Box 20277, Big Bay, 7448, South Africa. Company Registration No: CK 2000/076163/23

1.1 Rucca.net is an online media company that offers various services, for example web development, domain name and online branding consultancy, online marketing and advertising services.

1.2 By subscribing to or using any of our services you agree that you have read, understand and are bound by the terms and conditions set out herein, regardless of how you subscribed to or use the services.

1.3 Without limiting the above, we may ask you to accept any or all of the Terms when you first subscribe to or use any of our services.


2. INTERPRETATION

In the Terms:

2.1 The singular includes the plural and vice versa;

2.2 Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Terms;

2.3 Account means your subscription account for use of our Service;

2.4 Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, and tags;

2.5 Privacy Policy means our privacy policy, which is set out in clause 28 below;

2.6 Reporting Procedure means the formal procedure which you should use to notify us of abusive use of the Rucca.net site(s) and Services;

2.7 Service or Services means any content, product, software, downloads, website or other service which we may provide from time to time;

2.8 Service Charges means our charges for Services as determined by us from time to time.

2.9 Rucca.net means the website which is owned and operated by Rucca Networks CC including any page, part or element thereof, which is located at http://www.Rucca.net

2.10 Subscribe means your act of subscribing to a Service in any way including (without limitation) in writing, through the Internet or by telephone, and subscription has a corresponding meaning;

2.11 Terms means the terms and conditions set out herein the Additional Terms described in clause 4 below, as well as the User Rules;

2.12 Third Party Service means any service or content, whether related or similar to our Services, which is provided by us in collaboration
with a third party; or which is provided to us by a third party to enable us to provide the Services; or which may be used by you in conjunction with our Services;

2.13 Use includes (without limitation) accessing, retrieving, downloading, logging on to, contributing to, or viewing a Service, and user has a corresponding meaning;

2.14 User ID means any username, password, number or email address allocated to you or created by you when subscribing to or using our Services;

2.15 User Rules means our user rules set out in clause 29 below;

2.16 We, us and our means Rucca.net (and, unless the context indicates otherwise, its owners, employees, suppliers, Internet Service providers, agents and affiliates); and

2.17 You means the user and subscriber to this Service.


3. CHANGES TO TERMS AND CONDITIONS

3.1 We may change any or all of the Terms including (without limitation) the Service Charges at any time without notice to you.

3.2 Any changes will become effective when we publish them on the relevant websites.

3.3 You agree to check this website and the Terms regularly for changes.

3.4 By continuing to use our Services after we make the changes, you agree to be bound by the changed Terms.

3.5 If you do not accept the changed Terms, you must stop subscribing to the Service as provided for in clause 6 below, or stop using the Service.


4. ADDITIONAL TERMS

4.1 Some of our websites may contain additional rules, guidelines or terms (hereafter "Additional Terms").

4.2 By subscribing to or using our Services relating to those websites, you agree to be bound by, and comply with those Additional Terms.


5. DURATION

5.1 You are bound by the Terms:

5.1.1 from the earlier of the date on which you:

5.1.1.1 accept the Terms;

5.1.1.2 subscribe to a Service; or

5.1.1.3 start using a Service; and

5.1.2 for as long as you subscribe to or use a Service.

5.2 If you have subscribed to a Service for a fixed term, the Terms will automatically continue to apply after the term has ended if you continue to use the Service after the expiry of the fixed term.


6. TERMINATION

6.1 If you enter into an agreement with us for the use of a Service for a fixed term, you may not terminate that agreement before the end of the fixed term.

6.2 If you do not subscribe to or use a Service for a fixed term, but you regularly make recurring payments under an agreement entered into with us, you may terminate the agreement relating to any individual Service by 30 (thirty) days’ written notice to our address as set out in clause 1 above.

6.3 Such notice will take effect on the first day of the month immediately following the end of the 30 (thirty) day notice period.

6.4 In all other cases, you may terminate this agreement by terminating your use of the Service.

6.5 The termination of the agreement will not affect any of our rights that:

6.5.1 arose before termination; or
6.5.2 by their nature survive termination.

6.6 We reserve the right to stop or suspend your Subscription should your Account become inactive. We will notify you of such intended action at your email address, if available.


7. PROVISION OF SERVICES

7.1 Disclaimer

7.1.1 We will always endeavour to provide the Services to the best of our ability.

7.1.2 You are however aware that the Services will involve transmissions over various networks and that it will change to conform and adapt to the technical requirements of connecting networks and devices. There are also various other factors, which do not lie within our control.

7.1.3 Under these circumstances then, we:

7.1.3.1 provide all Services “as is” and “as available”; and

7.1.3.2 do not warrant or guarantee that any Service:

7.1.3.2.1 is free of errors or interruptions and will conform with your timelines;

7.1.3.2.2 is always available and reliable;

7.1.3.2.3 is secure; although we take appropriate security measures against unauthorized access to or unauthorized alteration, disclosure or destruction of data;

7.1.3.2.4 is fit for any purpose; or

7.1.3.2.5 does not infringe any third party rights.

7.1.4 You furthermore acknowledge and accept that we do not encrypt any Content or communications from and to our Site, and that we also do not provide digital authentication of any page on the Site.

7.2 Content and advertisements provided as part of a Service

7.2.1 You understand that advertising plays an important role in the provision of this Service, and that we will display advertisements and other information adjacent to or as part of the Services, which you may use.

7.2.2 We may periodically send promotional email to you about services offered by our advertisers and ourselves.

7.2.3 Where we publish or provide Content or advertisements as part of a Service:

7.2.3.1 we do not:

7.2.3.1.1 warrant or represent that the Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or

7.2.3.1.2 endorse the Content or advertisements; and

7.2.3.2 you will obtain independent professional advice at your own cost before you take any action based upon such Content or advertisements.

7.2.4 Your correspondence or dealings with, or participation in promotions of advertisers through the Service, and any other terms, conditions, warranties or representations associated arising there from, lie between you and the advertisers. You agree that we shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such advertisers on our Service.

7.3 Third party goods, software and Services

7.3.1 In many cases, we provide services of third parties, or our Services in conjunction with that of third parties.

7.3.2 In those cases, the following conditions apply:

7.3.2.1 We provide such services subject to the terms, conditions and limitations imposed by those third parties.

7.3.2.2 If those third parties change, suspend or stop providing such services, we may similarly change, suspend or stop providing the Services to you without notice. We may nevertheless endeavour to provide such a Service in another way or by using another third party.

7.3.2.3 You authorise us to provide any of your Personal Information (as defined in our Privacy Policy) to those third parties to the extent that it may be necessary to enable the third parties and us to provide the services to you.

7.3.2.4 To the extent that there is a conflict between the third party’s Terms and Conditions and these Terms, these Terms will prevail.

7.3.3 When you acquire goods, software or any other services from a third party through any of our Services, you understand and agree that:

7.3.3.1 we are not a party to the contract between you and the third party;

7.3.3.2 we are under no obligation to monitor the Third Party Service used by you;

7.3.3.3 the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees;

7.3.3.4 you will evaluate the product, software or service and the applicable terms and conditions before acquiring the product, software or service; and

7.3.3.5 you indemnify us against any damages (as defined in clause 14 below) howsoever arising from your acquisition and use of the goods, software or service.

7.3.4 We also reserve the right to reject or refuse any Third Party Service used by you in conjunction with our Service.

7.4 Suspension or termination of Services

7.4.1 We may suspend, interrupt, change or end any Service or any part thereof at any time for any reason in our sole discretion without notice to you and without any liability to you.

7.4.2 We may widely publicise changes to the Services that apply generally.

7.4.3 We may also give you notice of any interruption of a Service due to maintenance.

7.4.4 We also reserve the right to change the software and hardware which is required to gain access to the Site without prior notice to you.

7.5 Complaints

Complaints regarding our Services may be lodged with us at by clicking on the "contact us" link on the Site.


8. USE OF SERVICES

You will only use the Services:

8.1 in accordance with the Terms and Conditions;

8.2 for lawful and personal purposes; and

8.3 for the purposes for which they are designed, which excludes trading or investing purposes.


9. SERVICE CHARGES AND PAYMENT

Please note that, in order to subscribe to certain Services, or to procure certain goods or services from us, you are required to enter into separate agreements with us on an ad hoc basis. The terms and conditions of such agreements will be conveyed to you every time when you proceed to transact.

9.1 Guidelines for use of pay Services

9.1.1 Check before you subscribe to or use a Service

9.1.1 Before you subscribe to or use a Service you will check the amount of the Service Charges, and determine how and when you must pay these charges.

9.1.2 By subscribing to or using a Service you:

9.1.2.1 agree to pay the Service Charges on the due date in the way specified, regardless of whether you use the Service or not; and

9.1.2.2 authorise us to perform a credit check at any time as we deem fit and provide your Personal Information (as defined in our Privacy Policy) to a credit bureau for this purpose.

9.2 How you pay Service Charges

9.2.1 You will pay:

9.2.1.1 once off Service Charges annually in advance or recurring Service Charges monthly in advance (whichever may be applicable) by debit order on the first day of each month or 1st day of anniversary; and payable in ZAR (South African Rand). Where monthly services charges are applicable we will require the first and last month’s payment in advance.

9.2.1.2 other Service Charges as specified in any Additional Terms.

9.2.2 We may implement a new, or change an existing debit order for the Service Charges due by you against the bank account you provided to us.

9.2.3 If details of your bank account change, you will promptly provide us with the new details.

9.2.4 Unless stated otherwise all Service Charges are payable in advance and non-refundable.

9.3 Payment methods

9.3.1 Credit Card ("Payment Card"). Rucca.net shall be authorised to debit the aggregate amount payable for services ordered against the authorised Payment Card supplied by you when completing your order. Rucca.net shall be entitled to debit your Payment Card on acceptance of your order and prior to delivery of services.

By submitting your order and Payment Card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the Payment Card and that there are sufficient funds available to pay for the order.

9.3.2 Cheque payments only acceptable if issued by a South African bank and if payment amount is less than ZAR1,000. When paying by cheque, services will only be provided once cheque has cleared. Please note that it can take up to 10 days to clear a cheque payment, depending on the clearing bank. Returned unpaid cheques will be levied at ZAR50. All cheque payments are to be made out to Rucca Networks.

9.3.3 Internet Bank payments - Any payment over ZAR1,000 must be settled using your preferred payment card or electronic fund transfer (EFT) into Rucca Networks bank account, the details of which are:

BANKING DETAILS:
Bank Name: Standard Bank
Branch: Bayside
Branch Code: 02-22-09
Account Name: Rucca Networks
Account Number: 062628542
SWIFT Code: SBZAZAJJ

9.4 Non-payment

9.4.1 If you fail to pay a debit order or other amount for any reason when due, we may:

9.4.1.1 suspend your subscription to or use of a Service;

9.4.1.2 terminate this agreement, and claim any amounts due to us; and/or

9.4.1.3 charge you interest at a rate of 2% above the prime overdraft rate of our bankers, as certified by any branch manager of such bank whose appointment, qualification and authority we will not need to prove, calculated from due date to date of actual payment, both days inclusive.

9.4.2 You will not:

9.4.2.1 withhold payment of any amount due to us by reason of any alleged breach of the Terms by us, or for any other reason; or

9.4.2.2 apply set off in respect of any amount due to us.

9.5 Value-added tax and other taxes

9.5.1 If required by law, we may receive and claim payment from you in respect of any value-added tax or any other similar tax or levy imposed on the provision of the Services.

9.5.2 Unless stated otherwise, all Service Charges exclude value-added tax.

9.6 Changes to Service Charges

We may change the Service Charges from time to time as provided for in clause 3 above.

9.7 Accounts

We may from time to time provide you with accounts, statements or invoices for amounts due to us.


10. YOUR INFORMATION

10.1 When you subscribe to or start to use a Service, if requested by us, you will provide us with your full names, identity number, residential and business or postal address, a certified copy of your identity document and, if you are a legal entity, a certified copy of your business letterhead.

10.2 You warrant that all information about yourself that you supply to us at any time is true, current and complete.

10.3 You will inform us of any changes of information about yourself.

10.4 We may treat any misrepresentations by you as a fraudulent act unless you prove that the misrepresentation was unintentional.

10.5 You agree that, as long as you use or Subscribe to a Service, we may collect and store your Personal Information as provided for in our Privacy Policy.

10.6 We agree to deal with your Personal Information in accordance with our Privacy Policy.


11. USER IDS

11.1 Any username, password, number or email address allocated to you or created by you when Subscribing to or using our Services ("user ID") will entitle you to access the Services as long as you comply with the Terms.

11.2 Any user ID is personal to you.

11.3 You:

11.3.1 will keep your user ID confidential and not disclose it to any third party;

11.3.2 will inform us promptly if a third party gains access to your user ID;

11.3.3 are responsible for all payments, use of, or activity on a Service under your user ID;

11.3.4 will not use a Service at any one point in time more than once under the same user ID (for example, you will not do “multiple log-ins”);

11.3.5 will not circumvent our user ID authentication procedures or systems;

11.3.6 are liable for any damage, loss or costs sustained by you, us or by any third party howsoever arising as a result of any actions by you or any third party using your user ID; and

11.3.7 indemnify us against any claim howsoever arising from any use of your user ID by a third party or your breach of this clause 11.

11.3.8 While a user ID is personal to you, we own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a user ID.

11.3.9 You will also not retain any entitlements to your user ID once this agreement ends.

11.3.10 You will sign out from your Account at the end of each session.


12. INTELLECTUAL PROPERTY

12.1 In this clause:

12.1.1 Intellectual Property Rights includes (without limitation) any and all rights, title and interest in and to (whether registered or not) any intellectual property, copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights which are all as such protected by domestic and international legislation and treaties from infringement; and

12.2.2.5 remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Service; or

12.2.2.6 frame any portion of the web pages that are part of the Service.

12.3 Copyright

12.3.1 You may retrieve, store, cite or refer to or print Content from any of our websites for educational, research, non-commercial, private or personal use only as provided for under South Africa Copyright law.

12.3.2 You may not reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer or expose any copy of any Content in respect of which we own the copyright without our consent, or in the case of the Content of a third party author, without his or her consent.

12.3.3 You acknowledge that we own the right, title and interest in and to the Services developed and provided by us, the system which provides the Services and all software associated with the Services, as well as all Intellectual Property Rights thereto.

12.3.4 You will comply with all national and international laws pertaining to Intellectual Property Rights.

12.4 Your content

12.4.1 You will retain ownership of any original content that you provide when using a Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our Service.

12.4.2 However:

12.4.2.1 we own all compilations, collective works or derivative works created by us which may incorporate your content and which are reduced to a material form and original; and

12.4.2.2 with regards to content which you may upload or make available for inclusion on publicly accessible areas, you grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote your content on any medium.

12.4.3 Should you be of the view that the Intellectual Property Rights in any of your works uploaded on the Service have been infringed or otherwise violated, please provide our Webmaster with the following information:

12.4.3.1 a description of the work, which you claim, has been infringed;

12.4.3.2 the location of the work on the Rucca.net site or sites owned by Rucca.net;

12.4.3.3 your contact details;

12.4.3.4 an affidavit deposed to by you stating that the work was used without your consent; and

12.4.3.5 written consent if an agent is acting on your behalf.

12.4.3.6 The level of attention to be afforded to your matter will lie within our discretion. This clause should in no way be construed as a guarantee that we will assist you under these circumstances.


13. LIMITATION OF OUR LIABILITY

13.1 You subscribe to and use any Service at your own risk.

13.2 We are not liable to you or any third party for any damages suffered by you or a third party howsoever arising from your Subscription to, or use of, or reliance on a Service, including (without limitation) any damages suffered by you due to:

13.2.1 access to our Site or websites linked thereto;

13.2.2 any interruption of or error in the Service; including inability to access our Site or websites linked thereto;

13.2.3 inaccurate information or unreliable results;

13.2.4 use of any Content from our Site, including Content accessed from a link;

13.2.5 our failure to fulfill our obligations as a result of uncontrollable events;

13.2.6 disclosure of your Personal Information (for those reasons described in our Privacy Policy);

13.2.7 any other reason not directly attributable to our gross negligence.

13.3 If you suffer damages or are dissatisfied with a Service your only remedy is to stop using the Service as provided for in clause 6 above.

13.4 In this clause:

13.4.1 damages means all damages of whatever nature and includes (without limitation) all damages, loss, claims, actions or costs, including (without limitation) loss of data, profits or custom, or business foregone whether:

13.4.1.1 in contract, delict or otherwise;

13.4.1.2 direct, indirect, special or consequential;

13.4.1.3 foreseeable or not; and

13.4.1.4 we were advised of the damages in advance or not; and

13.4.2 uncontrollable events mean any circumstances beyond our reasonable control, including (without limitation) an act of God, of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party.


14. INDEMNITY

You indemnify us against all liability, claims, damages, loss or costs or expense of any kind or nature suffered by us or instituted against us by a third party howsoever arising from:

14.1 your subscription to or use of a Service; or

14.2 your breach of the Terms.


15. TRANSFER OF RIGHTS AND OBLIGATIONS

15.1 You may not cede, assign or otherwise transfer any of your entitlements or obligations under the Terms without our prior written consent
.
15.2 The use of our Service is personal to you and any entitlements acquired by you hereunder will terminate upon your death.

15.3 We may cede, assign or otherwise transfer our rights or obligations under the Terms to any third party without your consent and without notice to you.


16. BREACH

16.1 If you breach any of the Terms, then we may, without prejudice to any of our other rights and without notice to you:

16.1.1 claim immediate payment of all outstanding amounts due to us;

16.1.2 stop or suspend your use of any of the Services and/or

16.1.2 terminate this agreement.

16.2 We also reserve the right to claim damages from you or to institute criminal proceedings against you, should the circumstances so require.

16.3 We may in any of these instances retain all amounts already paid by you and recover all our costs associated with your breach, including (without limitation) collection commission and legal costs.

16.4 We will not be liable to you or any third party in any way for the termination of your Account.


17. COMMUNICATION WITH YOU AND ADVERTISING

You authorise us to:

17.1 communicate with you from time to time about our Services including (without limitation) special offers, discounts, promotions, operational changes and/or new Services;

17.2 advertise on any Service in any format in our sole discretion.


18. GOVERNING LAW

18.1 The Terms are governed by and construed under the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law.


19. JURISDICTION

To the extent that we elect to proceed against you in:

19.1 the Magistrates Court, you hereby consent to the jurisdiction of those courts despite the fact that the amount of any claim against you exceeds the jurisdiction of those courts; and

19.2 the High Court, you hereby consent to the jurisdiction of the Cape of Good Hope Provincial Division of the High Court of South Africa.


20. PRIORITY OF TERMS

Save as expressly provided to the contrary in the Terms, any conflict in the provisions of the Terms will be resolved in accordance with the following order of priority:

20.1 these Terms;

20.2 the Additional Terms.


21. WHOLE AGREEMENT

21.1 The Terms constitute the whole of the agreement between us and you relating to the matters dealt with herein.

21.2 No undertaking, representation, warranty, guarantee, term or condition relating to the subject matter of the Terms not incorporated therein will be binding on you or us.

21.3 Any change or addition to the Terms will only be valid if effected as provided for in clause 3 above.


22. ADDRESSES

22.1 You select as your address (domicile) for the purposes of receiving legal process and notices, the address furnished when you subscribed to or started using a Service.

22.2 We may send you any notices (other than legal process) by email.

22.3 You will notify us of any change of address.

22.4 We select as our address for the purposes of receiving legal process and notices the address specified in clause 33 below.


23. NO WAIVER

23.1 Any waiver, indulgence, relaxation or extension of any of the Terms will be effective only in the specific instance and for the purpose given.

23.2 No failure or delay on our part in exercising any of our rights will constitute or be deemed to be a waiver.

23.3 No single or partial exercise by us of any of our rights will preclude us from any other or further exercise thereof or the exercise of any other rights.


24. PROVISIONS ARE SEVERABLE

24.1 Each provision of the Terms is severable from the other provisions.

24.2 If any provision is found to be invalid or unenforceable, the remainder of the agreement will remain enforceable.


25. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

25.1 You agree that this agreement will be concluded between us in Cape Town, South Africa at the time when you gain access to our Site for the first time;

25.2 data messages addressed by you to us will only be deemed to have been received by us if and when we respond thereto;

25.3 data messages addressed to you by us, however, will be deemed to have been received by you as detailed in section 23 (b) of the ECT Act;

25.4 data messages addressed by you to us will be deemed to have been created and sent by you within the geographical boundaries of South Africa;

25.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between us; and

25.6 you warrant that the data messages sent to us from a PC, IP address or mobile device normally used or owned by you, were sent and or authorised by you personally.


26. INTERCEPTING AND MONITORING

26.1 By subscribing to or using a Service, you agree that we may intercept and monitor any communication that you make or receive to the extent allowed by law or for the purpose of conducting our business and securing our systems.

26.2 For the purposes of this clause, "intercept" and "monitor" bear the meanings ascribed to these words in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act (hereafter “RICA”), No 70 of 2002.

26.3 You agree that the consent so provided by you satisfies the requirement of writing as prescribed in the ECT and the RICA Acts.


27. PRIVACY POLICY

27.1 General Principles

Protecting your privacy is very important to us. There are also various Acts, which impose obligations on us as far as privacy protection is concerned. We have accordingly developed this Privacy Policy to protect your personal information and keep it confidential. 

In doing so, we have paid particular attention to the following acts:

Constitution of the Republic of South Africa (Act 108 of 1996);

Promotion of Access to Information Act (2 of 2000); 

Electronic Communications and Transactions Act (ECT) (25 of 2002); and

Regulation of Interception of Communications and Provision of Communication-related Information Act (RICA) (70 of 2002).

We endeavour to comply with laws of other countries but cannot and do not warrant that we do.

We do everything we reasonably can to protect your rights of privacy on systems and websites controlled by us, but we are not liable for any unauthorised or unlawful disclosures of your personal and confidential information made by third parties who are not subject to our control. You should take note, however, that the information and privacy practices of our business partners, advertisers, sponsors or other sites to which we provide hyperlinks, may be different from ours.

We also cannot warrant the security of the information, which you transmit to us.

When you register at any site operated and owned by Rucca.net we may need to know certain information such as your name, your gender, your date of birth, physical or postal addresses, your email address, contact numbers and company name. These are used to verify who you are, and enable us to deliver on services ordered and placed by you with us. 

Once you have registered, your personal details can only be accessed by way of a password. We suggest that you keep this password private to ensure that no one else can gain access to this information.

Rucca.net will make sure that your personal information is kept strictly confidential and is not disclosed to third parties. Moreover, we will only contact you with news of Rucca.net special offers and promotions if you've indicated you would like to receive our newsletter(s). However, we may release account information when we believe, in good faith, that such release is reasonably necessary to a) comply with law, b) enforce or apply the terms of any of our user agreements, or c) protect the rights, property or safety of Rucca.net, our users, or others.

27.2 Right to collect

By accepting the Terms you agree that we may collect and store your Personal Information as long as you Subscribe to or use our Services subject to the limitations set out in this Privacy Policy.
We collect your Profiling and Account Information for the following reasons: 

We need your identity details, contact details, banking information and account history to manage our relationship with you and provide Services to you.

We use certain of your information in an aggregated form to compile statistical and demographical profiles for our business and marketing activities. We may disclose such information about you, provided that the information is in an aggregated form that is not capable of being used or interpreted in such a manner as to identify you.

Some of our own websites use "cookies" so that we can provide you with more customised information when you return to our website. "Cookies" are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can set your browser to notify you when you are sent a "cookie", giving you the chance to decide whether or not to accept it. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie.
You acknowledge and agree that in the interests of improving personalisation and Service efficiency, we may, under controlled and secure circumstances, share your Personal Information with our affiliates (an entity which is our subsidiary or holding company or a subsidiary of our holding company or an entity which controls, is controlled by or is under common control with us).


28. USER RULES

28.1 General Principles

While some of these User Rules may be more applicable to a particular Service or access technology, you are bound by all of them regardless of the Service or access technology, which you may use.

We view our Service environment as a virtual community in which you interact with us, with other Subscribers and the Internet community at large.

Like all other communities, our virtual community has rules to ensure the continued existence thereof and that the rights of all participants are respected.

28.2 Definitions

In these User Rules:

Abusive Content means content (including without limitation words and images) which we consider to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful, as hate speech, or which contains child, explicit or violent pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights, regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;

Destructive Code means any computer code which:

is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as "viruses", "Trojan horses" or "worms");

would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead" code);

would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes);

and any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations;

Intellectual Property Rights means any and all rights, title and interest in (whether registered or not) any intellectual property, including copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, source code and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights;

28.3 General rules

You agree that, when you use our Services, you will not:

do anything which violates any of the Terms;

Spam our Communication Facilities;

make any Misrepresentation;

post, upload or transmit any Abusive Content by means of our Communication Facilities;

replicate or store Abusive Content on any of our servers;

do anything that does not comply with generally accepted Internet etiquette including (without limitation) the excessive use of capitalised text, the use of inflammatory or antagonistic criticism ("flaming"), or wastefully and unnecessarily including previous communications in any postings;

commit Fraud;

violate or infringe the Intellectual Property Rights, contractual or fiduciary rights, privacy or publicity rights of another;

perform System Abuse;

propagate, distribute or transmit Destructive Code, whether or not damage is actually caused thereby;

repeatedly post gratuitous off-the-topic communications;

read and act upon any communication which was not intended to be received by you or fail to delete such communication;

gather personal or commercial information including (without limitation) email addresses and/or names from any Internet facilities, whether managed by us or by any third party, for commercial, political, charity or any other purpose without the consent of the owners of such information;

reproduce, replicate, copy, alter, modify, create derivative works of or sell or re-sell any of:
our Services or any part thereof including (without limitation) websites and web pages, or any Services that constitute the provision of telecommunications Services in terms of applicable legislation; or
the information or data contained in our Services;

use robots, spiders, or any other device, be it automated or manual, to monitor or copy any content from the Services;
access any of our Services or any similar service of a third party or any network without authorisation or through hacking, password mining or any other means;

perform or encourage any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;

fail to comply with applicable domestic, national and international laws, rules and regulations;

disrupt the normal flow of dialogue or negatively affect the ability of other users
to engage in real time exchanges;

help any third party to do any of the above.

28.4 Third party use rules

When you access or use a third party site or service by means of our Services, you will comply with all rules of use (if any specified) of the third party Service in addition to these User Rules.

To the extent that there is a conflict between the third party's rules of use and our User Rules, you are expected to conduct yourself in the manner that is least prejudicial to our interests.

28.5 Enforcement of User Rules

Should we consider you to be in breach of any of the User Rules, then we may, without prejudice to any other rights which we may have under these Terms or in law, to:

remove content which we may deem inappropriate or unsuitable for our website without notification to you;
give you a warning;

without notice, stop or suspend your Subscription to or use of any or all Services; and/or
comply with such obligations as may be imposed on us by law.


29. INFORMATION

On this website we provide information about our company generally and for purposes of the ECT Act.
The ECT Act states that when we offer goods or Services by way of certain electronic transactions, we must make the following information about us available to customers on websites where the goods or Services are offered:

Full name: Rucca Networks CC
Main business: Online Media
Address for receipt of legal service: P.O. Box 20277, Big Bay, 7448, South Africa
Webmaster: webmaster@rucca.net
Website: http://www.rucca.net

Official Email address: info@rucca.net

30. ONLINE SHOPPING

To purchase from the Rucca.net site or any site operated or owned by Rucca.net you must first register and complete the registration section. Registration and/or use of the site constitutes acceptance of these Terms, by you.

Rucca.net reserves the right to amend the Online Shopping Terms from time to time and any such amendments shall be deemed to apply as between yourself and Rucca.net. Any such amendments will take effect immediately on posting of the amended Online Shopping Terms on the site.

To make purchases on the site or any site operated or owned by Rucca.net you must be over the age of 18 (eighteen) and be the holder of a valid, MasterCard or Visa Card ("Payment Card").

Payment card transactions will be acquired for Rucca.net by (VCS) Virtual Card Services (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. VCS use SSL3 and no payment card details are stored on the Rucca.net site or any site operated or owned by Rucca.net. Your details will be stored by Rucca.net separately from your payment card details which are entered by you on VCS's secure site.

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.

Transaction Currency is ZAR (South African Rand).

If you have any questions about these terms and conditions, the practices of this site, or your dealings with this site, please contact us
RUCCA.NET SITES