TERMS AND CONDITIONS
1. In these terms and conditions, “we” “us” and “our” refers to “Trademall”(www.seekzn.yolasite.com). Your access to and use of all content on this website is provided subject to the following terms and conditions. The information is intended for residents of South Africa only.
2. We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
3. Site Access - When you visit our website, we give you a limited license to access and use our information for personal use.
4. You are not permitted to download a copy of the information on this website to your or any other computer. Your use of our content in any other way as indicated in point 1, infringes our intellectual property rights.
5. Except as permitted under the Copyright Act 1978, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
6. The license to access our site does not permit you to copy or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your copying of our website.
7.
Hyperlinks
- This website may from time
to time contain hyperlinks to other websites. Such links are provided
for
convenience only and we take no responsibility for the content and
maintenance
of or privacy compliance by any linked website.
Any hyperlink on our website to another website does not imply our
endorsement,
support, or sponsorship of the operator of that website nor of the
information
and/or products which they provide.
You may link our website without our consent. Any such linking will be
entirely
your responsibility and at your expense.
By linking, you must not alter any of our website's contents including
any
intellectual property notices and you must not frame or reformat any of
our
pages, files, images, text or other materials.
External links may be provided for your convenience, but they are beyond
the
control of the Website Owner and no representation is made as to their
content.
Use or reliance on any external links and the content thereon provided
is at
your own risk. When visiting external links you must refer to that
external
websites terms and conditions of use. No hypertext links shall be
created from
any website controlled by you or otherwise to this website without the
express
prior written permission of the Website Owner. Please contact us if you
would
like to link to this website or would like to request a link to your
webs.
8. Intellectual Property Rights - The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.
9.
All
trade marks, brands and logos generally identified either with the
symbols TM
or ® which is used on this website is either owned by us or we have a
license
to use them. Your access to our website does not license you to use
those marks
in any commercial way without our prior written permission.
Any comment, feedback, idea or suggestion (called “Comments”) which you
provide
to us through this website becomes our property. If in future we use
your
Comments in promoting our website or in any other way, we will not be
liable
for any similarities which may appear from such use. Furthermore, you
agree
that we are entitled to use your Comments for any commercial or
non-commercial
purpose without compensation to you or to any other person who has
transmitted
your Comments.
10.If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
11.Disclaimers - The information we provide on this website is of a general nature only. We are not providing professional advice and you should obtain professional or specialist advice that is appropriate to your circumstances and we give no warranty and accept no liability should you use the information without obtaining independent advice.
12.We give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it.
13.To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
14.We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
15.We may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owner of that material and we are not responsible for any errors or omissions in such material.
16.Limitation of Liability - To the full extent permitted by law, our liability for breach of an implied warranty or condition will not be greater than the amount you paid to access our website. The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
17.Indemnity - By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
18.Jurisdiction - These terms and conditions are to be governed by and construed in accordance with the laws of South Africa and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Africa and you agree to submit to the jurisdiction of those Courts. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
19.Privacy - We undertake to take all due care with any information including comments which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Provisions will remain in full force and effect.
20.Cession - The website owner shall be entitled to as and when required, ceding, assigning and delegating some or any of its rights and obligations in terms of any relevant terms, conditions or policies including notices to any third party of his or her choice.
21.Waiver - No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
22.Public interactivity and user submissions - The Webmaster, owner and its website is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to – Defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties; Publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information; Post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network; Violate any copyright, trade mark, other applicable South African or international laws or intellectual property rights of the Website Owner or any other third party; Submit contents containing marketing or promotional material which is intended to solicit business.
23.Specific intent and use - You further agree not to abuse, use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
24.Warranties
- The Website Owner makes no warranties, representations, statements or
guarantees (whether express, implied in law or residual) regarding the website,
the information contained on the website, your or your company's personal
information or material and information transmitted over our system.
We undertake to take all due care with any information including Comments which
you may provide to us when accessing our website. However we do not warrant and
cannot ensure the security of any information which you may provide to us.
Information you transmit to us is entirely at your own risk although we
undertake to take reasonable steps to preserve such information in a secure
manner.
