Terms of Use

Last Updated: August 2024

Welcome to Omnisky’s website. By accessing or using our website, you agree to comply with and be bound by the following Terms of Use. Please read these terms carefully before using our site. If you do not agree with these terms, you should not use our website.

1. Acceptance of Terms

By accessing or using the Omnisky website, you agree to be bound by these Terms of Use, as well as our Privacy Policy, which is incorporated herein by reference. These terms apply to all visitors, users, and others who access or use the site.

2. Changes to Terms

Omnisky reserves the right to modify or update these Terms of Use at any time without prior notice. Any changes will be effective immediately upon posting to the website. Your continued use of the website following the posting of changes constitutes your acceptance of those changes. We encourage you to review these terms periodically.

3. Use of the Website

a. Eligibility:

You must be at least 18 years old to use this website. By using this site, you represent that you are at least 18 years old or are using the site under the supervision of a parent or guardian.

b. Permitted Use:

You may use the Omnisky website for lawful purposes and in accordance with these Terms of Use. You agree not to use the site in any way that could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site.

c. Prohibited Activities:

You agree not to engage in any of the following activities:
Using the site for any unlawful or fraudulent purpose.
Uploading or transmitting any viruses, malware, or other harmful code.
Attempting to gain unauthorized access to any portion of the site, accounts, computer systems, or networks.
Using automated systems or software to extract data from the site for commercial purposes.
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

4. Intellectual Property Rights

a. Ownership:

All content on the Omnisky website, including but not limited to text, graphics, logos, images, videos, software, and other materials, is the property of Omnisky or its licensors and is protected by intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works of any content on the site without our express written permission.

b. Trademarks:

The Omnisky name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Omnisky or its affiliates or licensors. You may not use such marks without the prior written permission of Omnisky.

5. User Content

a. User-Generated Content:

You may have the opportunity to post, submit, or share content on the Omnisky website, such as comments, reviews, or other materials (“User Content”). By submitting User Content, you grant Omnisky a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, distribute, display, and perform the User Content in connection with the site and our business.

b. Responsibility:

You are solely responsible for any User Content you submit and for the consequences of posting it. You agree that your User Content will not infringe on the rights of any third party, including intellectual property rights, privacy rights, or rights of publicity.

c. Monitoring and Removal:

Omnisky reserves the right, but has no obligation, to monitor, review, or remove any User Content that we determine, in our sole discretion, violates these Terms of Use or is otherwise inappropriate or harmful.

6. Products and Services

a. Availability:

The products and services offered on the Omnisky website are subject to availability. We reserve the right to limit the quantity of products or services we offer, discontinue any product or service, or refuse service to any customer.

b. Pricing:

All prices displayed on the website are subject to change without notice. We strive to provide accurate pricing information, but errors may occur. In the event of a pricing error, we reserve the right to cancel orders placed at the incorrect price.

c. Orders:

By placing an order on our website, you agree to provide accurate, complete, and current information. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or issues with payment processing.

7. Disclaimer of Warranties

a. General Disclaimer:

The Omnisky website and all content, products, and services provided through the site are provided “as is” and “as available” without any warranties of any kind, either express or implied. To the fullest extent permitted by law, Omnisky disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. No Guarantee:

Omnisky does not guarantee that the website will be error-free, uninterrupted, secure, or free of viruses or other harmful components. You use the site at your own risk.

8. Limitation of Liability

a. Exclusion of Liability:

To the fullest extent permitted by law, Omnisky, its affiliates, and their respective directors, officers, employees, and agents will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the website, including but not limited to damages for loss of profits, data, or other intangible losses.

b. Cap on Liability:

In no event shall Omnisky’s total liability to you for all claims arising out of or relating to your use of the site exceed the amount paid by you, if any, for accessing or using the site.

9. Indemnification

You agree to indemnify, defend, and hold harmless Omnisky, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the website, your violation of these Terms of Use, or your violation of any rights of another.

10. Termination

Omnisky reserves the right to terminate or suspend your access to the website, without notice, for any reason, including but not limited to your violation of these Terms of Use. Upon termination, your right to use the website will immediately cease, and all provisions of these terms that by their nature should survive termination shall continue in effect.

11. Governing Law and Dispute Resolution

a. Governing Law:

These Terms of Use and your use of the website shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of laws principles.

b. Dispute Resolution:

Any disputes arising out of or relating to these Terms of Use or the use of the website shall be resolved through binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall take place in [City], South Africa, and the language of the arbitration shall be English.

12. Miscellaneous

a. Entire Agreement:

These Terms of Use, together with our Privacy Policy and any other legal notices published on the site, constitute the entire agreement between you and Omnisky regarding your use of the website.

b. Severability:

If any provision of these Terms of Use is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

c. Waiver:

No waiver of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by Omnisky to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

13. Contact Information

If you have any questions or concerns about these Terms of Use, please contact us at: abuse@omnisky.co.za

By using the Omnisky website, you acknowledge that you have read, understood, and agree to these Terms of Use.