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Terms of Use
 
Terms and Conditions for the Use of this Procurement Portal [version 2017_11]

Please read the following terms and conditions of use before using this Procurement Portal. In using this Procurement Portal – or any other branded Procurement Portal that is powered by SCNet (Pty) Limited , you agree to these terms and conditions of use. SCNet (Pty) Limited reserves the right to update these terms and conditions at any time without notice to you.

Definitions

The terms “Supply Chain Network”, “SCNet (Pty) Ltd", “SCNet”, “we”, “us”, “our” and “ours” when used in these Terms and Conditions mean SCNet (Pty) Limited. The terms “you”, “your” and “yours” when used in these Terms and Conditions mean any user of this Procurement Portal.

Use of this Procurement Portal

This Procurement Portal is owned and operated by SCNet (Pty) Limited, trading as Supply Chain Network. SCNet (Pty) Limited (Registration No 2010/012224-07) is incorporated in the Republic of South Africa with its registered address at iChain House, 33 Wessels Road, Rivonia Sandton 2191 - Postal Address P O Box 595 Umhlanga Rocks 4320, Telephone +27(0)86-127-2638.

If you have any queries about this Procurement Portal, please contact SCNet at the above address or telephone number, or send us an email at helpdesk@scnet.co.za.

Intellectual Property Rights

This Procurement Portal contains material which is owned by or licensed to SCNet. This material includes, but is not limited to, the design, layout, look, appearance, graphics and data. It is protected by intellectual property laws including, but not limited to, copyright.

You may download, view, copy and print information and documentation held on this Procurement Portal provided that:

Materials are used solely for your own personal use or for product/supplier research in connection with your business or your employer’s business. Commercial use is not permitted.

Materials may not be altered or modified in any way without prior written permission from SCNet.

You may not otherwise, without express permission from us, copy, distribute, sell or publish any of the content of the Procurement Portal. Unauthorised use of this Procurement Portal may give rise to a claim for damages and/or be a criminal offence.

Changes to this agreement

From time to time we may change these terms without prior notice to you. The current terms can always be found at www.scnet.co.za By using this Procurement Portal after we have posted any revisions to these terms, you accept the terms as revised.

Privacy

We respect your privacy. Please review our Privacy Policy for a description of the information we collect and how we use it.

Professional advice

Information provided on pages held on this Procurement Portal and in any documents downloaded from this Procurement Portal is provided for general information only. It is subject to change without notice. SCNet is not responsible for any inaccuracies and makes no representation and gives no warranty as to its accuracy. Since the information was not prepared for you personally, it is not intended to form recommendations or advice. It is your sole responsibility to satisfy yourself that the information is suitable for your purposes.

Nothing on this Procurement Portal is intended to be nor should be construed as an offer to enter into a contractual relationship unless a user opts to utilise Value Add Services, provide Advertising or enter into a Premium Membership Agreement.

Trademarks

Your use of this site and any materials downloaded, viewed, copied or printed does not authorise you to use any names or trademarks of SCNet, its trading partners or associates.

Errors and downtime

Errors may appear from time to time on the Procurement Portal and some information on the Procurement Portal may be out of date. Before relying on information you have found on the Procurement Portal, please confirm any facts that are important to your decision. From time to time the Procurement Portal may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which we may undertake from time to time; or (iii) causes beyond our control or which we cannot reasonably foresee.

Links to other Procurement Portals

These Terms and Conditions apply to www.scnet.co.za and all the branded Procurement Portals that are operated by SCNet (Pty) Limited in collaboration with its key partners. The Procurement Portal may contain hyperlinks to Procurement Portals that are not operated by SCNet. These hyperlinks are provided for your reference and convenience only and you should note that we do not have any control over these other Procurement Portals. We cannot, therefore, be held liable for any materials or representations in respect to such Procurement Portals. All links are used at your own risk. In evoking links to other Procurement Portals, you agree to accept these conditions of use.

Links from other Procurement Portals

Persons providing access to this Procurement Portal via links from another Procurement Portal are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source Procurement Portal and for any representations made or impressions created concerning SCNet.

Special Offers/Coupons

Advertisers on SCNet may include special offers within their paid for listings. SCNet does not take responsibility for or offer assistance in relation to these special offers. Other terms and conditions of the advertiser may apply. You should check any terms and conditions with the advertiser before use.

Usernames and passwords

To obtain access to certain services through this Procurement Portal, you may be given an opportunity to register with us. As part of any such registration process, you will select/be given a username and password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter our site under the name of, another person. We reserve the right to reject or terminate any username that we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us by email of any known or suspected unauthorised use of your account.

Any misrepresentation of information provided through the registration process whether intentionally or neglectfully, the owners of SCNet reserve the right to remove your registration from this Procurement Portal with no consequential costs or liabilities accruing to the owners of SCNet for whatever reason.

Security

Users may want access Value Add Services which are optional and available to all members. We make use of the PayU Payment Gateway for any credit card transactions. If you prefer not to send your credit card number through the Internet, you can place your order by telephoning +27 (0) 86-127-2638.

The SCNet solutions are hosted by Vodacom in a secure data centre with firewall protection with a security certificate in place through Entrust.

Connecting to the Procurement Portal

SCNet has been optimised to operate with Internet Explorer and Firefox Web Browsers. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Procurement Portal, all hardware, software, electrical and other physical requirements for your use of the Procurement Portal, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the site.

No warranty

The site is provided "as is" without warranty of any kind, express or implied. Use of the site is at your sole risk. We do not warrant that your use of the site will be uninterrupted or error free, nor do we make any warranty as to any results that may be obtained by use of the site. We make no warranties, express or implied, including, without limitation, any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, non-infringement, effectiveness, completeness, accuracy, and title. Limitation of liability: If you are dissatisfied with the site, your sole and exclusive remedy shall be to discontinue use of the site. In no event shall our total liability for direct damages exceed the total fees paid by you to us. Moreover, under no circumstances shall we be liable to you or any other person for any indirect, incidental, consequential, special or punitive damages for any matter arising from or relating to this agreement, the site or the Internet generally, including, without limitation, your use or inability to use the site, any changes to or inaccessibility of the site, delay, failure, unauthorised access to or alteration of any transmission or data, any material or data sent or received or not sent or received, any transaction or agreement entered into through the site, or any data or material from a third person accessed on or through the site, whether such liability is asserted on the basis of contract, tort or otherwise.

Indemnity

You agree to indemnify, defend and hold us, including our directors, officers, employees and agents harmless, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person or company, arising out of or relating to your breach of these terms.

Cold Calling and Product Offerings

The Procurement Portal has been setup for the express use of procurement networking and the Terms of Use expressly prohibit any member from extracting membership information of other members for the purposes of building marketing lists. Any such use will be governed by a fair use policy and any member contravening this fair use policy risks being removed from the network.

Refund Policy – Premium Membership Subscriptions

This Refund Policy is only be applicable to Premium Membership which is an annual membership. In line with the Consumer Protection Act SCNet will refund membership fees only in event of the Procurement Portal technology failing or solutions that are made available to Premium Members not being operational for a period of more than 7days. This refund will also only be applicable to membership fees that are paid for future access and not applicable to paid fees that relate to historical membership. In event of cancellation within the first month membership, the equivalent of a single month’s upgrade cost will apply as an administration cost for cancelling the membership upgrade.

Protection of Private Information (POPI) Act 4 of 2013

By registering as a supplier on the Procurement Portal you acknowledge that your company profile information is in the public domain and accessible to other users of the Procurement Portal. The Procurement Portal is a marketing platform for your company to reach buyers of other companies and by registering as a member you acknowledge that your company profile is in the public domain.

In terms of the POPI Act SCNet warrants that all confidential information such as personal identification numbers of directors and company banking details will be masked and only made available to an authorised administrator. Furthermore SCNet warrants that your company information will not be provided to any third party for the purposes of bulk unsolicited marketing communication. SCNet may make your company information available to its partners for the purposes of market research.

By being a member of SCNet you also accept that SCNet communicates with its members from time to time through email, letters, facsimles and direct telephone calls. The purpose of this communication serves many purposes from keeping you up to date on latest developments on the Procurement Portal solutions, as well as discounted offers and solutions available to you through our Partner network. At any time you can choose to opt out of this member communication by contacting the Call Centre on 08612-72638.

Verification of Company Information

To ensure members can rely on the integrity of information available through the Procurement Portal Community, SCNet conducts validations of critical company information to ensure accuracy and legitimacy of data linked to a company profile. By being a member of the Procurement Portal community you provide consent for SCNet to conduct the necessary validations to check the integrity of data/documents a member states in terms of their company profile.

Governing law

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. You agree to submit any dispute arising out of your use of this Procurement Portal to the exclusive jurisdiction of the courts of the Republic of South Africa.

Terms and Conditions for use of the eCommerce Deals Marketplace

Introduction

SCNet (Pty) Limited provides a business to business procurement marketplace essentially to facilitate and promote procurement activity not only between large corporates and small businesses but also amongst small businesses. SCNet provides a community of Procurement Portals which are referenced on the governing procurement portal Supply Chain Network which can be accessed at www.scnet.co.za.

The Procurement Portal technology and Procurement Portals are owned and operated by SCNet (Proprietary) Limited (“SCNet”, “we”, “us” and “our”).

The SCNet Deals Marketplace is an e-commerce platform to allow SCNet members to create an online store to build a catalogue of products and services and prices, to advertise these products and services to other members of the procurement portal community and to use the SCNet secure payment gateway provide by PayU as a tool to facilitate payments.

These Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, the use of the Procurement Portal Deals Marketplace as well as the refund policy.

The Deals Marketplace is only available to active members of the SCNet Procurement Portal community and these Terms and Conditions are binding and enforceable against every member that accesses or uses this Procurement Portal (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the procurement portal, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

SCNet allows third party sellers to create an online store and list and sell their products or services on the Deals Marketplace (“Third Party Seller”). In some instances, there will be additional terms and conditions required by the Third Party Seller. In such instances these terms and conditions will be available to the prospective buyer prior to check-out and payment. Where these additional terms and conditions are applicable the buyer automatically accepts these terms and conditions once the check-out and payment is concluded.

Important Notices

These Terms and Conditions apply to users who are also recognized as consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

These Terms and Conditions contain provisions that -

  • may limit the risk or liability of SCNet or a third party; and/or
  • may create risk or liability for the user; and/or
  • may compel the user to indemnify SCNet or a third party; and/or
  • serves as an acknowledgement, by the user, of such facts.

Your attention is drawn to the importance of these Terms and Conditions and should be carefully noted.

If there is any reference in these Terms and Conditions that you do not understand, it is your responsibility to ask SCNet to explain any aspect of uncertainty to you before you accept the Terms and Conditions or continue using the Procurement Portal.

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you, SCNet or the Third Party Seller in terms of the CPA.

SCNet permits the use of this Procurement Portal subject to the Terms and Conditions. By using this Procurement Portal in any way, it is deemed that you have accepted all the Terms and Conditions unconditionally. You must not use this Procurement Portal if you do not agree to the Terms and Conditions.

Registration and use of the Procurement Portal

Only registered and verified members may advertise or order Goods on the Procurement Portal Deals Marketplace.

To register as a user, you must provide a unique username and password and provide certain company information and personal details to SCNet. You will need to use your unique username and password to access the Procurement Portal in order to purchase Goods.

You agree and warrant that your username and password shall:

  • be used for personal use only; and
  • not be disclosed by you to any third party.

For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

You agree to notify SCNet immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

By using the Procurement Portal you warrant that you are of full legal capacity. If you are not legally permitted to enter into a binding agreement, then you may use the Procurement Portal only with the involvement and supervision of such person who agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Procurement Portal. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Procurement Portal or the information contained herein, without the prior written consent from an authorised SCNet representative (such consent is deemed given for standard search engine technology employed by Internet search engines to direct Internet users to this Procurement Portal).

You may not use the Procurement Portal to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

You may not in any way display, publish, copy, print, post or otherwise use the Procurement Portal and/or the information contained therein without the express prior written consent of an authorised SCNet representative.

Third Party Sellers

Members of the SCNet Procurement Portal community who also have a registered and verified supplier profile with a minimum Profile Score of 60%, can elect to create an online store to market their products and services. Members who elect to utilize the SCNet e-commerce Deals Marketplace will be governed by these terms and conditions as well as the Supplier Contract that will govern not only the terms of using the Deals Marketplace, but also the Third Party Seller’s legal duties flowing from transactions arising through the SCNet Deals Marketplace.

It is important to note that the SCNet member acting as Buyer is not only covered through the Terms of Use but also under the Consumer Protection Act and the Electronic Communications and Transactions Act 2002 (“ECT Act”).

The sale formed on acceptance of your order for Goods that are for sale by a Third Party Seller is therefore solely between the registered member and such Third Party Seller. SCNet is only a facilitator and not a party to that sale.

Any claim by the registered user arising out of or in connection with the Sale is accordingly between a registered user and a Third Party Seller, however should such claim escalate into being a dispute, although SCNet is entitled to become involved in an attempt to resolve it, SCNet is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone. The Third Party Seller is solely responsible for fulfilment of delivery of the Goods.

Concluding the sale and availability of stock

Registered users may place orders for Goods, which the Third Party Seller may accept or reject. Whether or not the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by SCNet for the Goods.

IMPORTANT NOTE: The Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from SCNet stating that your order or payment has been confirmed. SCNet will indicate the rejection of your order (by SCNet itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Third Party Seller’s Returns Policy.

Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold SCNet or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

You acknowledge your understanding that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. SCNet cannot guarantee the availability of stock. When Goods are no longer available after placing an order, SCNet will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

SCNet relies on inventory information supplied by the relevant Third Party Seller and SCNet accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.

Payment

We are committed to providing secure online payment facilities through the secure PayU payment gateway. All transactions are encrypted using appropriate encryption technology.

Payment can be made for Goods via -

  • debit card;
  • credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Procurement Portal;
  • direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. SCNet will not accept your order if payment has not been received;
  • Instant EFT;
  • cheque deposits: cheque deposits may be made by prior arrangement with SCNet. SCNet will not accept your order if notification of clearance of the cheque deposit has not been received.

The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.

You may contact us via email at info@scnet.co.za to obtain a full record of your payment. We will also send you email communications about your order and payment.

Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Delivery of goods

Delivery or collection of Goods to you will be defined as part of the Third Party Seller’s terms. Where the Third Party Seller’s terms are collect only then the registered user can opt to request delivery via a courier service established for SCNet users.

Please see details of our delivery and shipping terms and conditions in our FAQ’s: Shipping and Delivery, which are incorporated by reference.

Where your order is accepted the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

Where applicable the Third Party Seller’s obligation to deliver a product to you is fulfilled when delivery of the product is made to the physical address nominated by you for delivery of the order. SCNet is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

Returns

The contract of sale is directly between the registered user and the Third Party Seller. As such please refer to the seller’s Returns Policy for more information about returning products (and related refunds, replacements or repairs).

Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Procurement Portal. However, should there be any errors of whatsoever nature on the Procurement Portal (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

Vouchers & Coupons

SCNet may from time to time make vouchers available for use on the Procurement Portal towards the purchase of SCNet Goods. Vouchers can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:

Vouchers that are purchased by registered users are valid for a defined period. Vouchers that SCNet gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.

Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

SCNet is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher, after it has delivered the Voucher to you or the email address nominated by you.

  1. Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
  2. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by SCNet, before you are able to use a Coupon.

Changes to these Terms and Conditions

SCNet may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Procurement Portal.

Any such change will only apply to your use of this Procurement Portal after the change is displayed on the Procurement Portal. If you use the Procurement Portal after such amended Terms and Conditions have been displayed on the Procurement Portal, you will be deemed to have accepted such changes.

Electronic communications

When you visit the Procurement Portal or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy.

Limitation of liability

SCNet cannot be held liable for any inaccurate information published on the Procurement Portal and/or any incorrect prices displayed on the Procurement Portal, save where such liability arises from the gross negligence or willful misconduct of SCNet. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@scnet.co.za or by contacting 0861272638.

SCNet shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the procurement portal or the content contained in the procurement portal; or your inability to use the procurement portal, and/or unlawful activity on the procurement portal and/or any linked third party procurement portal.

Availability and termination

We will use reasonable endeavours to maintain the availability of the Procurement Portal, except during scheduled maintenance periods, and are entitled to discontinue providing the Procurement Portal or any part thereof with or without notice to you.

SCNet may in its sole discretion terminate, suspend and modify this Procurement Portal, with or without notice to you. You agree that SCNet will not be liable to you in the event that it chooses to suspend, modify or terminate this Procurement Portal other than for processing any orders made by you prior to such time, to the extent possible.

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Procurement Portal without any prejudice to any claims for damages or otherwise that we may have against you.

SCNet is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Procurement Portal to blacklist you on its database (including suspending or terminating your access to the Procurement Portal), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Third Party Sellers, in whole or in part, on notice to you. SCNet shall only be liable to refund monies already paid by you where deliveries have not been made, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

At any time, you can choose to stop using the Procurement Portal, with or without notice to SCNet.

Information

For the purposes of the ECT Act, SCNet’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Procurement Portal:

  1. Full name: SCNet (Pty) Ltd, a private company registered in South Africa with registration number 2010/012224/07
  2. Main business: Business to Business eMarketplace facilitating procurement activities between businesses.
  3. Physical address for receipt of legal service (also postal and street address): 1st floor, Building 16 The Woodlands Office Park Woodlands Drive, Woodmead, Sandton, 2191 (marked for attention: CEO and Legal)
  4. Phone number: +27 86 127 2638
  5. Official email address: info@scnet.co.za

General

SCNet may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Procurement Portal or the user’s right to use the Procurement Portal or any of its contents subject to us processing any outstanding obligations to you.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

Any failure on the part of you or SCNet to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

These Terms and Conditions contain the whole agreement between you and SCNet and no other warranty or undertaking is valid, unless contained in this document between the parties.

 
 
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