Total Messaging Solution Terms & Conditions

FMG / TMS Disclaimer and Exclusions of Warranties

Flash Media Group (Pty) Ltd, hereafter FMG. FMG's Total Messaging Solution (TMS or TMS3) mobile application, software, accompanying information, materials, and documents provided (hereafter collectively "materials") are provided "as is" without warranty of any kind, either expressed or implied, including without limitation warranties of merchantability, fitness for particular purpose, and non-infringement.

No investigation or IPR searches have been carried out by FMG and therefore, no guarantee can be given concerning the existence of any IPRs which are, or may be, or may become relevant to any application.

FMG its licensors and affiliates do not make any warranty or representations as to the accuracy, completeness or reliability of any materials Any stock price advice and/or stock information provided by FMG or external links are viewed, relied upon, and used at the users own risk. FMG, its officers, directors, affiliates, shareholders, agents, licensors and employees will periodically add, change, delete, improve, or update materials without any prior notice. FMG, its licensors and affiliates do not warrant that the information will meet your requirements or that the operation of TMS will be uninterrupted or error free.

Under no circumstances shall FMG, its officers, directors, affiliates, shareholders, agents, licensors and employees be liable for any losses, damages, liabilities, penalties, claims, demands, suits or actions, or any related costs and expenses of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, which are claimed to arise from use of the TMS system, software, including without limitation, any fault, error, omission, interruption or delay with respect thereto. FMG is not responsible for any IPR infringement whatsoever.

Use of the TMS system is at each user's sole risk. Under no circumstances, including without limitation, negligence, shall FMG, its officers, directors, affiliates, shareholders, licensors, agents, employees, information providers or content providers be liable for any actual, direct, indirect, incidental, special, punitive or consequential damages or loss, even if Flash Media Group (Pty) Ltd. has been advised of the possibility of such damages.

In the event that the original service supplied by the TMS developer is discontinued/dissatisfactory or fraudulent or if monthly TMS hosting is not paid FMG has the right to service clients directly. FMG then reserves the right take over the solution and serve the existing client, all relevant IP in the application, if any, will referred to FMG.

Illegal Activities

You are prohibited from making use of TMS to engage in any illegal or unlawful activity. These include, but are not limited to the transmission of content which:

  • carries any defamatory, discriminatory or obscene material;
  • carries child pornography;
  • carries religious or racial slurs;
  • is used in connection with any infringement of another persons intellectual property rights (for example copyright and trademark);
  • engages in the transmission of pirated software;
  • threatens or encourages bodily harm;
  • destroys tangible or intangible property;
  • uses the network to harass another subscriber or visitor; and
  • uses the network to collect or attempt to collect personal information about third parties without their knowledge or consent.

Fraudulent Activity

You are prohibited from making use of our network to make fraudulent offers to sell or buy products, items, or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters".

Alteration to Terms and Conditions

FMG reserves the right to alter its privacy policy any terms and conditions regulating the relationship between you and FMG at any time.

You acknowledge that by using the services from time to time, that you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version.

You shall be responsible for reviewing the then current version each time it makes use of the service

Without derogating from the aforegoing, and without imposing any obligation on FMG whatsoever, FMG reserves the right to give you notification of amendments of the relevant terms and conditions and its privacy policy either by electronic mail or by posting a notice on this legal section of the website. On notification of the existence of the amended terms and conditions and/or privacy policy, you shall be obliged to visit the legal section of the website and view the then current version.

A certificate signed by FMG (or by one of FMG's directors, whose appointment, qualification and authority need not be proved) shall be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions and privacy policy.

Transcripts of this page are available in official languages upon request.