TERMS AND CONDITIONS FOR MUSTANG FAX

1.The service is known as Fax2email and you are requested to read this page carefully.  If you do not accept the terms and conditions stated herein, then you are requested not to use this service.  Please be advised that we may revise these terms and conditions at any time by updating this posting on the webpage.  You should accordingly visit the webpage periodically to review the terms and conditions because they are binding upon you once you commence using the service.

2. Mustang Fax is the trading name for Mustang Investment Group Ltd, Reg 1526043 Duly Incorporated in the British Virgin Islands

3.The Fax2email user shall be allocated an 087 Fax number.

4.Mustang Fax Fax2email is designed to allow a sending party who wishes to send a fax, to use a standard fax machine and transmit the fax via the Public Switched Telephone Network (PSTN) to the Mustang Fax switch/platform by using the designated 087 number.  Mustang Fax shall, on receipt of the fax, transmit the fax to the email address or mapped address assigned to the 087 number.  Mustang Fax will store the faxes for the Fax2email user for up to a maximum of 7 (seven) days provided that the user has requested this service in writing and/or has activated this request on the user web portal.

5.This service, including the website and the processing of Fax2email, is provided to you on an “as is” basis without warranty of any kind, either express or implied.  Mustang Fax makes no warranty as to the accuracy, completeness, currency or reliability of any content or processing available through the service.  Mustang Fax makes no representations or warranties that the use of this service will be uninterrupted or error-free.  You are responsible for taking all necessary precautions to ensure that the content that may arrive on your desk from the Mustang Fax service is free of viruses.  Whilst Mustang Fax does make use of anti-virus software, it does not warrant that the email will arrive at your email address (as designated and mapped to the 087 number) virus-free.  You are accordingly responsible for your own anti-virus software to ensure that the email is virus-free.  Please note that when using Fax2email the sender is cautioned that the “proof of fax sent” (as generated by the fax machine) is purely confirmation that the fax has been received by the Mustang Fax server and is not proof that the fax has been delivered electronically to the email address linked/mapped to the dialed 087 number, being the intended recipient.

6.Mustang Fax specifically disclaims any liability, whether based in contract, delict, strict liability or otherwise, for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or the use of the Fax2email service, even if Mustang Fax has been advised of the possibility of such damages, including but not limited to reliance by any party on receiving the fax timeously or any content obtained through the use of the service, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from the user or any interruptions in telecommunication connections to this service or viruses, whether caused in whole or part by negligence, Acts of God, telecommunications failure, theft or destructions of, or unauthorised access to the service, or related information or programs.

7.The Fax2email user’s Fax number is referred to as the “user number” for all active applications.

8.The Fax2email user’s Fax number will be mapped (linked) to the email address supplied by the Fax2email user on registration.

9.Only one email address may be mapped to the Fax2email user’s Fax 087 number.

10.Faxes are received on the user’s 087 number and are then converted to a .tif / PDF document.

11.The email address linked to that 087 number is then obtained from the database and an email is sent to the end user with the .tif / PDF file as an attachment.

12.The Fax2email user acknowledges that Regulators and/or the Network Operators reserves the right to withdraw the number allocated for the Fax2email user’s Fax number.  Whilst it is not anticipated that this event will materialise, the user indemnifies Mustang Fax and holds Mustang Fax harmless against any claims that the user might have out of any special or incidental loss arising therefrom.

13.Whilst Mustang Fax shall take all reasonable precautions to secure intrusions by any third party to the Mustang Fax switch and to avoid any erroneous transmission to the Fax2email user’s 087 number, Mustang Fax assumes no liability, responsibility or obligation should the Fax2email user receive unsolicited faxes.

14.Mustang Fax shall not provide or divulge the Fax2email user’s Fax number to any third party for purposes of spamming or for marketing purposes, without the Fax2email user’s consent.

15.Mustang Fax shall, from time to time, be required to conduct maintenance and/or repairs to improve the service to the Fax2email user.  Mustang Fax shall not always be able to notify the Fax2email user of such maintenance and accordingly the Fax2email user accepts that the service may be interrupted during these periods.

16.Mustang Fax does not warrant the clarity of the fax (.tif/PDF) received by the Fax2email user, it being acknowledged by the Fax2email user that many factors external to Mustang Fax’s direct control can cause degradation to the fax quality.

17.Mustang Fax does not warrant or represent that the Fax2email user will receive a fax (.tif/PDF) within a specified time after the sending party has sent the fax.  It is acknowledged by the Fax2email user that the Internet delivery or third party gateways (ISP’s) or intermediary servers could slow or inhibit the delivery of the fax.

18.The Fax2email user acknowledges that the service operates via the Public Switched Telephone Network or GSM network (where applicable) and accordingly there is a possibility that the route being used by the user in sending a fax could be interrupted, distorted, contain a noise on the line, or any way whatsoever be interrupted which could cause the fax to be incomplete when received by the Mustang Fax platform.  Mustang Fax will automatically convert such fax to a .tif/PDF format and send such .tif/PDF to the designated email address in whatever form such fax is received.  The Fax2email user acknowledges that on receipt of such email, the fax, when viewed, can be distorted, incomplete or display an imperfect image.  The Fax2email user acknowledges that this is as a result of the PSTN or GSM network used in transmitting such fax.

19.The Fax2email user accepts that there is a likelihood of a surge of fax calls which may occur at certain times throughout a 24-hour cycle and to the extent that surges materialise, an engaged tone would result and in such circumstances Mustang Fax cannot be held responsible for Fax2email users being unable to successfully submit a fax to a designated email address.  The Fax2email user would then be required to re-dial the number a few minutes later at which time an available port will be accessible.

20.The Fax2email user hereby unconditionally and irrevocably indemnifies Mustang Fax, including its employees, directors or any of its agents, distributors or independent contractors, against any claims of whatsoever nature which may be brought against Mustang Fax, its employees, directors, agents, distributors or independent contractors by any person of whatsoever nature arising out of or connected with the provision of the Fax2email service, or the failure to provide the service as reflected in this agreement, including any claims resulting from any negligent acts or omissions on the part of Mustang Fax, its employees, directors, agents, distributors or independent contractors.  In addition, the Fax2email user hereby releases and discharges Mustang Fax, its employees and its agents from all liabilities relating to any peril or event under an appropriate insurance contract, it being expressly understood and agreed that no insurer shall have any right of subrogation against Mustang Fax, its employees, directors, agents, distributors or independent contractors.

21.It is a condition of use that a User who has been allocated a Fax2email number shall ensure that the number is used in order to satisfy the Regulator that the number is not dormant.  Mustang Fax shall deem usage to mean an allocated number must receive at least one fax per month.  Should a number so allocated not receive one fax per month, Mustang Fax reserves the right to cancel such number and withdraw the number from the User and re-allocate the number to a new user.

22.Mustang Fax shall, from time to time, send its Fax2email users emails containing information about: updates, amendments to the Fax2email service as well as new products or services developed by Mustang Fax that the Fax2email user might be interested in.  The Fax2email user will be provided the opportunity to unsubscribe to such email notifications.

23.Where a person applies for a Fax2email number (087) and where such person is employed at a company and uses the company’s email address associated to their name, then such person by subscribing to the Mustang Fax Fax2email number, confirms that they have received their employer’s consent to subscribe to such Fax2email number.  Such person also confirms that they have received their employer’s consent to change the email address associated with the allocated fax number (087) either to another email address of the company or a different email address not associated with the company.

24.Should the Fax2email user elect to register for the Fax2email user Administration Website, then the Fax2email user is requested to select a unique password, which is associated to their Fax2email number. This password will enable the Fax2email user to amend or update any of their profiles contained in the Fax2email user Administration Website. The Fax2email user must ensure that the password remains confidential at all material times and shall not provide the password to any person whosoever, as this may prejudice the security of the system and the Fax2email user’s personal information. Should the Fax2email user provide the password to any unauthorized persons other than themselves then in such event the Fax2email user indemnifies and acknowledges that Mustang Fax shall not be liable for any damages suffered by the Fax2email user directly or indirectly.

THE FAX2EMAIL USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS AGREEMENT AND CONFIRMS THAT IT IS NOT ENTERING INTO THIS AGREEMENT ON THE BASIS OF ANY REPRESENTATION NOT EXPRESSLY SET FORTH IN IT.  BY USING THE FAX2EMAIL SERVICE THE USER ACKNOWLEDGES THE TERMS AND CONDITIONS OF THIS AGREEMENT AS HAVING BEEN FULLY UNDERSTOOD AND AGREED TO BY THE FAX2EMAIL USER.