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.
Online Identity Protection Terms and Conditions
1. Introduction
1.1 Unless the context clearly indicates the contrary, any term defined in the Mweb General Terms and Conditions ("Mweb Terms") or in the Provider Terms shall bear the same meaning as defined therein.
1.2 To the extent that there is any conflict or inconsistency between the Mweb Terms, the Provider Terms and the terms and conditions set out in this document below ("Product Terms"), the following order of precedence shall apply: (i) the Product Terms; (ii) the Mweb Terms (iii) the Provider Terms.
2. Interpretation
In these Product Terms and unless the context clearly shows a contrary intention:
2.1 "Activation Date" means for purposes of the Online Identity Protection Product, the date on which we provide you with the necessary code which enable you to access the Online Identity Protection Product on the Provider Website/s;
2.2 "Mweb" means Mweb (Pty) Ltd, company registration number 2000/021413/07, the entity on-selling the Software to you;
2.3 "Online Identity Protection Product" means the provisioning of the Software, including the Cybercare4U Warranty embedded in the Cybersecurity Software, 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";
2.4 "Provider" means MyCybercare (Pty) (Ltd), registration number 2016/194418/07 providing the Online Identity Protection Product;
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 Online Identity Protection Product 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 Digimune and MyCyber Training or equivalent provided by the Software Providers forming part of the CyberSecurity 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) Digimune powered by ZeroFox (trading as Digimune) and (b) MyCyber Training which parties provide the Software licenses for the Software to the Provider for on-selling through us as part of the Online Identity Protection Product;
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.
2.12 "Free 30-day Trial" means we offer selected products free of charge for 30-days. However, after the 30-day free period normal billing will resume on your product.
3. Requirements for using the Online Identity Protection Product
3.1 As we are acting as a reseller to you of the Online Identity Protection Product, you are required:
3.1.1 to ensure your personal details have been completed on Software Provider’s Website and are up to date at all times;
3.1.2 to use the link(s) sent to you by Mweb and 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 Online Identity Protection Product including all EULA’s and warranties. 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 Online Identity Protection Product;
3.1.4 to use Services correctly and in accordance with these Product Terms and 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 which code will be the Activation Date.
4.2 You must redeem the Mweb access code on the Provider Website, and/or Software Providers’ Websites and you will need to accept and agree to all the Provider Terms as stipulated on these websites whereafter you must complete the registration process to access the Online Identity Protection Product. Activation confirmation may take up to 72 hours after redemption of the code.
4.3 You will 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 Online Identity Protection Product and fulfil the Warranty and in particular what the Warranty limitations, exclusions and requirements are.
4.4 Should you experience a problem with the 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 Online Identity Protection Product.
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 the Service will, notwithstanding anything to the contrary in the Provider Terms, be in accordance with the Mweb Terms as amplified in these Provider Terms. Accordingly:
5.1 The Online Identity Protection Product consisting of Software, will be an annual license but will be billed on a monthly basis. You are liable to Mweb for the Service Fee/s payable monthly and you consent to us debiting your Mweb account on a monthly basis until your Service is cancelled with the required notice period as set out in clause 6.
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 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 settle the full Service Fee on a monthly basis but the full Service Fee for the Software licenses is legally due and payable when you subscribe to the Service. You may cancel the Service during the license term by providing us with one calendar month’s notice.
6.2 Should you fail to make payment to us, or should you be in breach of any Service or Provider Terms, your product will be suspended and if required, cancelled. 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 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 and other than what is provided for in these Product Terms, 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;
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. Claims will be rejected if the Online Identity Protection Product was not used as a mechanism to prevent the claim.
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 the Online Identity Protection Product 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 Online Identity Protection Product, including without limitation: (a) any unavailability, delay, interference with or interruption of Online Identity Protection Product or Software and/or failure of the Software or part thereof in any way; or (b) termination or suspension of Online Identity Protection Product; 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 Online Identity Protection Product in contravention of these Product 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 Online Identity Protection Product 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 the Provider but only to the extent strictly necessary) for the purposes of: (a) providing Online Identity Protection Product 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.
9. Free Trials
In certain instances, we may offer a free trial for our paid products before initiating charges to your payment method ("Free Trial"). The duration, terms of use, and other details of the Free Trial will be outlined during sign-up and/or in promotional materials. Free Trial eligibility is determined at our discretion, and subject to applicable law, we reserve the right to limit or discontinue the Free Trial option without prior notice. If you provide payment details when subscribing with a Free Trial, you will be automatically charged for the Subscription to our paid services, which will renew automatically until cancelled. To avoid being charged after the Free Trial, you must cancel the Subscription before it ends. We reserve the right to limit one Free Trial or promotional offer per user and may prohibit combining Free Trial or other promotional offers.