PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, any use or Privacy Policies, and any other information contained on MWEB's legal notices page, which will always apply to your use of this product or service.
Cyber Secure Terms and Conditions
1. Introduction
1.1 Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions or in the Provider Terms, when used herein, (being the “Cyber Secure Terms and Conditions” or “these Terms” shall bear the same meaning as defined therein.
1.2 To the extent that there is any conflict or inconsistency between the General Terms and Conditions, the Provider Terms and these Terms the following order of precedence shall apply: (i) these Cyber Secure Terms and Conditions; and (ii) the General Terms and Conditions; and (iii) the Provider Terms.
2. Interpretation
In these Cyber Secure Terms and Conditions unless the context clearly shows a contrary intention:
2.1“Activation Date” means for purposes of the Cyber Secure Service, the date on which we provide you with the necessary code/s which enable you to access the Cyber Secure Service on the Provider Website/s;
2.2 "Cyber Secure Service" means the provisioning of the Software, including the Cybercare4U Warranty embedded in the Kaspersky Total Security, by the Provider, as more fully described in the Provider Terms; and which MWEB is on-selling to you as the Subscriber and in the context of on-selling by MWEB it is referred to as the “Service/s”;
2.3 “Kaspersky Total Security” means the Kaspersky Total Security Software and embedded Cybercare4U Warranty provided by the Provider to the Customer;
2.4 “Provider” means MyCybercare (Pty) (Ltd), registration number 2016/194418/07 providing the Cyber Secure Service;
2.5 "Provider Terms" means the Warranty Terms and EULA’s of the Provider and the Software Providers which you agree to when you subscribe to the Cyber Secure Service and attached to our correspondence with you when you subscribe to the Service;
2.6 “Provider Website” and “Software Provider/s Website/s” means the Software Providers’ Websites and the Provider’s Website; which details are provided to you via email on subscription to the Service;
2.7 “Service Fee” means the amount which we will charge you for the Service selected by you as recorded in the Application Form and/or displayed on our Website;
2.8 “Software” means the DynaRisk and Kaspersky Total Security provided by the Software Providers forming part of the Cyber Security Service and for which Software you will be provided with End User Licenses (“EULA”) which you will have to agree to in order to use the Service;
2.9 “Software Providers” means the third party Software Providers, being (a) Zen Risk Limited (trading as DynaRisk) incorporated in England and Wales under company number 09052805 and (b) AO Kaspersky Lab, a company incorporated according to the laws of the Russian Federation which parties provides the Software licenses for the Software to the Provider for on-selling through us as part of the Cyber Secure Service;
2.10 “Warranty” means the warranty by the Provider regarding the integrity of the Software and the ability of the said Software to prevent cyber-crime and/or fraud caused by Digital Identity Theft, as more fully set forth in and subject to the Warranty Terms;
2.11 “Warranty Terms” means the Cybercare4U warranty terms and conditions of the Provider, which stipulates the conditions of the Warranty, which Warranty Terms you must ensure you peruse and understand when subscribing to this Service.
3. Requirements for using this Cyber Secure Service
3.1 As we are acting as a reseller to you of the Cyber Secure Service, you are required:
3.1.1 to meet the minimum system requirements and have equipment as defined by the Software Providers on the Software Providers’ Websites in order to install and run their Software (currently the Kaspersky Total Security requirements are set forth at: : https://www.kaspersky.co.za /total-security NB the link may be changed)
3.1.2 to download and install the Software correctly, via link(s) sent to you by MWEB and using the codes provided by MWEB. As such you will need to have an internet connection and data available to access and thereafter maintain the Services;
3.1.3 to accept and agree to all the Provider Terms which are applicable to the Cyber Secure Service including all EULA’s. To do so you may have to register on the Software Providers’ Website and Provider Website and provide them with personal and other information necessary for them to render the Cyber Secure Service;
3.1.4 to use Services correctly and as prescribed in these Terms as well as indicated in the Provider Terms.
4. Provision of Services
4.1 We will make the Service available to you by providing you with your MWEB access code/s and this will be the Activation Date.
4.2 You must redeem the MWEB access code/s on the Provider Website and Software Providers’ Websites and you will need to accept and agree to all the Provider Terms where after you must download the Software to access the Cyber Secure Service.
4.3 You may be required to register on the Software Providers’ Website and Provider Website when accessing the Service. MWEB is on-selling the Service and has no control over the Provider and Software Providers registration or EULA processes and the information required by them and it is your obligation to ensure that you understand their requirements to provide the Cyber Secure Services and fulfil the Warranty and in particular what the Warranty limitations, exclusions and requirements are.
4.4 Should you experience a problem with Service you will be entitled to call our support call centre who will address all billing issues but may, if needs be, refer you to the Provider for support related to the Cyber Secure Service.
4.5 You will receive automatic updates on a regular basis (but you remain responsible to ensure it is received and downloaded), subject to the condition that you maintain an active internet connection. If the Software has been deactivated or suspended for whatever reason you will not receive updates. The Warranty (or any warranty) may not apply if your updates are not kept up to date.
5. Service Fees, Billing and Payment
As MWEB is providing the billing for the Service you are hereby notified that the billing rules and payment terms for Service will, notwithstanding anything to the contrary in the Provider Terms, be in accordance with MWEB’s General Terms and Conditions as amplified in these Terms. Accordingly:
5.1 The Cyber Secure Service consisting of Software, will be an annual license with an annual license fee but will be billed on a monthly basis. You are liable to MWEB for the Service Fee/s for the annual license and you consent to us debiting your MWEB account with the annual Service Fee on a monthly basis over a period of 12 (twelve) months.
5.2 We will charge and directly bill the Service Fee to your MWEB account, as from Activation Date when you will be able to access the Service, irrespective of your delay or failure to install and activate the Software. Your first bill may be for part of a month and you will be charged for the number of days left in the month from Activation Date, plus the Service Fee for the next month. Thereafter you will be billed monthly in advance on the first day of each calendar month.
5.3 Unless lawfully terminated before or by expiry of the Initial Fixed Period (being an annual license) , the Service will automatically renew at the expiry of the Initial Fixed Period and will continue on the revised terms including revised pricing applicable for such Renewal Period which MWEB will notify you of prior to the expiry of the Initial Fixed Period, as more fully explained in our General Terms and Conditions.
6. Termination or Suspension
6.1 The Service consists of annual Software licenses and we allow you to pay the full annual Service Fee on a monthly basis but the full Service Fee for the annual Software licenses is legally due and payable when you subscribe to the Service and as such you will be liable for the full annual Service Fee notwithstanding any termination request on your part. You will thus not be able to cancel the Service during the license term (being the annual license period). Upon termination the Service Fee will not be pro-rated and you will be liable for the full annual Service Fee.
6.2 Should you fail to make payment to us, or should you be in breach of any Service or Provider Terms, you will not receive any further automatic updates. You will accordingly not be protected against new and emerging threats and the Warranty will not apply.
7. Software, downloading and intellectual property
7.1 The Software may not be distributed, copied, modified or altered in any way. You may not reverse engineer, decompile, or disassemble the Software or any part thereof. You may not remove any copyright or other proprietary notices contained thereon.
7.2 In the event of any breach by you, including without limitation, late payment, or non-payment, MWEB reserves the right to revoke the authorisation to download or to receive updates at any time, and any use shall be discontinued immediately upon written notice from MWEB.
7.3 The download and use of the Software may cause other utilities to be automatically removed or disabled and you will assume the risk for all damages, losses and expenses associated with the removal of such other utilities. You assume full responsibility for any damage to your personal computer or loss of data resulting from the downloading of the Software. No advice or information, either written or oral, from MWEB to you will constitute any warranty of any nature.
7.4 Subject to applicable law and the Warranty provided by the Provider under the Warranty Terms, MWEB will not be liable for:
7.4.1 any malfunction, or other failure of the Software, for whatever reason;
7.4.2 any loss or damage with regard to data or other data directly or indirectly caused by computer viruses or destructive code on the Software or on our supplier systems or negligence on our part; and
7.4.3 any event over which we have no direct control; and
7.4.4 any damages or loss caused by the Provider or Software Providers in accessing your data or hardware in order to audit your hardware to establish if you have met the Warranty Terms. Please note the Warranty Terms regarding possible access required to your devices to verify that you have complied with the Warranty Terms or that the Software failed.
7.5 MWEB warrants that it has licensed the Software from the proprietors of the Software, through an authorised reseller.
8. Warranties, consents and limitation of liability
8.1 MWEB does not warrant that Cyber Secure Service is fit for your specific purposes.
8.2 Subject to limitations allowed in law, and subject to the specific Warranties given expressly by the Provider, MWEB will not be liable to you, or any third party, for any loss or damages of whatsoever nature, including without limitation, any direct, indirect or consequential or other damages, arising out of your use of Cyber Secure Service, including without limitation: (a) any unavailability, delay, interference with or interruption of Cyber Secure Service or Software or updates and/or failure of the Software or part thereof in any way; or (b) termination or suspension of Cyber Secure Service; or (c) failure to register you as a subscriber on a Software Providers Website or Provider Website or to peruse and make yourself familiar with all Provider Terms including possible access required to verify Software breaches; or (d) your use of Cyber Secure Service in contravention of these Terms and/or the Provider Terms or law. You indemnify MWEB against all loss, damages, claims or liabilities of whatsoever nature as a result of any claim instituted by a third party (other than you) arising from your use of Cyber Secure Service including without limitation those arising from (a) to (d) above.
8.3 Subject to applicable law, you consent that information that you provide to us, may be used by us (and may be provided to the Software Providers and Cyber Secure Service Provider/s but only to the extent strictly necessary) for the purposes of: (a) providing Cyber Secure Service which you require and specifically for billing purposes; (b) checking credit and verifying payments; (c) informing you of product developments and operational messages; (d) investigating suspected fraudulent activities, security, legal purposes and investigating complaints. In particular you are referred to the Provider’s Privacy Policies and Provider Terms and by registering you consent to the use of your information as indicated by the said Software Providers and Provider.