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  1. TERMS OF USE

    • 1.1. These Terms of Use govern the Customers’ use of Metro Fibre Networx Proprietary Limited’s (“MetroFibre” or “we”) mobile application (“MetroFone Mobile App” or “App”) including but not limited to the software that we include as part of the App and any related documentation (“Software”).
    • To the fullest extent permitted by applicable law, MetroFibre reserves the right to amend, restrict and/or terminate the App, on reasonable prior notice, or to revise these Terms of Use, at any time. Such changes will be posted on this App and be deemed to have been accepted by you if you continue using the App. The obligation therefore is on you to review these Terms of Use at regular intervals.

  2. PROVISION OF THE APP

    • 2.1 By downloading and utilising the App, the Customer consents to the App to accessing the Customer’s device in order to install and provision the App and to provide App software updates to the Customer’s device from time to time.
    • 2.2 The Customer shall be liable for all payment of all data charges applicable to downloading the App and any related App usage charges.
    • 2.3 The Customer agrees that his/her account information will always be complete, accurate, and up to date. The Customer will immediately notify MetroFibre of any unauthorised use of the account, or any other breach of security.
    • 2.4 You acknowledge that MetroFibre and/or its developers own the intellectual property rights in and to the App, and that the unauthorised use thereof is expressly prohibited. The word or mark "MetroFibre" however represented, including stylised representation, all associated logos and symbols and combinations of any of the aforegoing with another word or mark, used on the App are the trademarks of MetroFibre.

  3. PERSONAL INFORMATION AND CONTACTS USAGE

    • 3.1. By downloading and using the App, you consent to the collection, storage, use and transfer of your personal information by MetroFibre as described in the Privacy Notice which can be found at www.metrofibre.co.za.
    • 3.2. In addition, MetroFibre collects and uses the contact information that you provide by granting the contacts access permission in the MetroFibre MetroFone Android and iOS application.
    • 3.3. We access the following personal information from your address book: contacts’ names, contacts’ email address, contacts’ telephone/ mobile number, contacts’ organisation, contacts’ postal address, contacts’ birthday and contacts’ gender.
    • 3.4. We use the information listed in paragraph 3.3 to:
      • 3.4.1 populate your contacts data in the app; and
      • 3.4.2 import your favorite contacts into the QuickDial list, if you also enable the “Busy Lamp Field” feature on a contact, the favorite contact’s number (URI) will be included in your SIP traffic, but will not be stored anywhere.
    • 3.5. We will only use your contacts information for the specific reason for which it was provided to us.
    • 3.6. You can exercise your right to erase the collected contact data by uninstalling the MetroFone Mobile Application at any time.
    • 3.7. For any questions regarding contact information usage in the MetroFone Mobile Application, please contact the MetroFibre Information Officer by sending an email to infoOfficer@metrofibre.co.za.

  4. LIMITATIONS OF SERVICE

    • 4.1 The App is dependent on the availability of the Customer’s data service.
    • 4.2 THE APP MAY BE SUBJECT TO INTERFERENCE AND DISRUPTION. METROFIBRE MAKES NO GUARANTEE IN RESPECT OF THE APP’S UPTIME AND AVAILABILITY.
    • 4.3 THE APP IS A BEST-EFFORTS SERVICE. METROFIBRE DOES NOT GUARANTEE THE AVAILABILITY OF THE APP, THE INTERNET AND THE CUSTOMER’S DEVICES ON ANY NETWORK, AND/OR THE CONNECTIVITY OF ANY NETWORK TO CUSTOMER’S DEVICE.
    • 4.4 Because of the need to conduct repairs and maintenance activity on the App from time to time, the App may be temporarily suspended from time to time without notice.

  5. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY

    • 5.1. THE CUSTOMER USES THE APP AT HIS/HER OWN RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. METROFIBRE DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY IT IS ACCURATE, COMPLETE, OR USEFUL, THAT THE APP WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT THE APP WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. METROFIBRE DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR CUSTOMERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. METROFIBRE IS NOT RESPONSIBLE FOR AND IS NOT OBLIGATED TO CONTROL THE ACTIONS, CONTENT OR DATA OF OUR CUSTOMERS OR OTHER THIRD PARTIES. THE CUSTOMER RELEASES US, OUR SERVICES PROVIDERS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM THE CUSTOMER HAS OR MAY HAVE AGAINST ANY THIRD PARTIES.
    • 5.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CUSTOMER INDEMNIFIES AND HOLDS METROFIBRE HARMLESS AGAINST ALL AND ANY LOSS, LIABILITY, ACTIONS, SUITES, PROCEEDINGS, COSTS, DEMANDS AND DAMAGES OF ALL AND EVERY KIND, (INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES), AND WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR ANY OTHER ACTION, ARISING OUT OF OR IN CONNECTION WITH THE FAILURE OR DELAY IN THE PERFORMANCE OF THE APP. THE APP IS THEREFORE USED ENTIRELY AT THE CUSTOMERS OWN RISK. THIS CLAUSE DOES NOT AFFECT YOUR LEGAL RIGHTS AS A CONSUMER AS PROVIDED FOR IN THE CONSUMER PROTECTION ACT OR OTHER APPLICABLE LAWS OR REGULATIONS.

  6. GENERAL

    • 6.1. If any part of these Terms of Use is found to be invalid or unenforceable, the balance of the provisions shall remain enforceable. The rule that, in the case of any ambiguity in an agreement, the agreement shall be interpreted against the party responsible for the preparation thereof, shall not apply to these Terms of Use.
    • 6.2. These Terms of Use shall be subject to and shall be governed by the laws of the Republic of South Africa.
    • 6.3. You agree that you have read, understood and accept these Terms of Use and its related policies and links by downloading, installing, using or accessing the App.