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.
Kaspersky 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 “Kaspersky 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 Kaspersky Terms and Conditions; and (ii) the General Terms and Conditions; and (iii) the Provider Terms.
2. Interpretation
In these Kaspersky Terms and Conditions. unless the context clearly shows a contrary intention:
2.1 “Activation Date” means for purposes of the Kaspersky Total Security, the date on which we provide you with the necessary code which enable you to access the Kaspersky Total Security on the Software Provider Website/s and/or the Provider Website;
2.2 “Kaspersky Total Security” means the Kaspersky Total Security Software provided to the Customer;
2.3 “Provider” or “MWEB” means MWEB (Pty) Ltd;
2.4 "Provider Terms" means the Warranty Terms and EULA’s of the Provider and Software Provider which you agree to when you subscribe to the Kaspersky Total Security and attached to our correspondence with you when you subscribe to the Service;
2.5 “Provider Website” and “Software Provider Website” means the Provider Website and the Software Provider Website; which details are provided to you via email on subscription to the Service;
2.6 “Service/s” means MWEB is on-selling the Software to you as the Subscriber;
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 Kaspersky Total Security Software provided by the Software Provider 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 Provider” means the third party software provider, being AO Kaspersky Lab, a company incorporated according to the laws of the Russian Federation which party provides the Software licenses for the Software to MWEB for on-selling through us as part of the Kaspersky Total Security;
2.10 “Warranty” means as defined in the Software’s End User License (“EULA”) which you will have to agree to in order to use the Software.
3. Requirements for using this Kaspersky Total Security
3.1 As we are acting as a reseller to you of the Kaspersky Total Security, you are required:
3.1.1 to meet the minimum system requirements and have equipment as defined by the Software Provider on the Software Provider Website 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 code 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 Kaspersky Total Security including the EULA. To do so you may have to register on the Software Provider Website and Provider Website and provide them with personal and other information necessary for them to render the Kaspersky Total Security;
3.1.4 to use Services correctly and as prescribed in these Terms as well as indicated in the Provider Terms.
3.2 Should you not adhere to the requirements as set out in clause 3.1, MWEB shall not be liable for any poor or non-performance of the Software.
4. Provision of Services
4.1 We will make the Service available to you by providing you with your MWEB access code and this will be the Activation Date.
4.2 You must redeem the MWEB access code on the Software Provider Website and you will need to accept and agree to all the Provider Terms where after you must download the Software to access the Kaspersky Total Security.
4.3 You may be required to register on the Software Provider Website and Provider Website when accessing the Service. MWEB is on-selling the Service and has no control over the Software Provider 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 Kaspersky Total Security.
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 Software Provider for support related to the Kaspersky Total Security.
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.
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 Kaspersky Total Security consisting of Software, will be a monthly license fee billed on a monthly basis. You are liable to MWEB for the Service Fee/s for the license and you consent to us debiting your MWEB account on a monthly basis.
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.
6. Termination or Suspension
6.1 The Service consists of Software licenses and we allow you to pay the monthly Service Fee on a monthly basis and payable when you subscribe to the Service and as such you will be liable for the full monthly Service Fee notwithstanding any termination request on your part. You will be able to cancel the Service on 1 (one) calendar month’s written notice.
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 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.
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 Kaspersky Total Security is fit for your specific purposes.
8.2 Subject to limitations allowed in law, 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 Kaspersky Total Security, including without limitation: (a) any unavailability, delay, interference with or interruption of Kaspersky Total Security or updates and/or failure of the Software or part thereof in any way; or (b) termination or suspension of Kaspersky Total Security; or (c) failure to register you as a subscriber on the Software Provider 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 Kaspersky Total Security 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 Kaspersky Total Security 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 Provider but only to the extent strictly necessary) for the purposes of: (a) providing Kaspersky Total Security 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 and Software Provider’s Privacy Policies and Provider Terms and by registering you consent to the use of your information as indicated by the said Software Provider and Provider.