End-User Agreement - TheClassifieds

Last updated on: 21 January 2010

PLEASE READ THIS END-USER AGREEMENT CAREFULLY. BY USING THE THECLASSIFIEDS WEBSITE ("SITE"), YOU ("THE USER") ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT.

1. General

1.1 This end-user agreement may be changed without notice. Your continued use of this Site after any such changes constitutes your acceptance of the new end-user agreement and its terms and conditions.

1.2 This end-user agreement applies exclusively to your access to, and use of, this Site and does not alter in any way, the terms or conditions of any other agreement you may have with TheClassifieds for products, services or otherwise.

1.3 The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.

1.4 No failure or delay by TheClassifieds to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of this end-user agreement or prejudice our right to take subsequent action against the User.

1.5 TheClassifieds cannot screen or edit all the content available from the TheClassifieds site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform TheClassifieds of any content that may be offensive or illegal.

2. Privacy Policy

2.1 TheClassifieds believes strongly in protecting user privacy. Therefore, we have put together and follow a policy that respects and addresses the User's needs. Users of this Site should refer to our Privacy Policy for information about how TheClassifieds uses and collects information.

3. Copyright

3.1 Copyright 2005-2009 © TheClassifieds, Johannesburg, South Africa. All rights not expressly granted, are reserved. To obtain permission for the commercial use of any content on this site contact TheClassifieds at info@TheClassifieds.co.za.

4. Intellectual Property Rights

4.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of, or are licensed to TheClassifieds and as such are protected from infringement by local and international legislation and treaties.

5. Licenses and Site Access

5.1 TheClassifieds grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale of the Site or content therein; (b) the collection and use of any listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of TheClassifieds or any third party.

5.2 You may not use, frame or utilize framing techniques to enclose any TheClassifieds trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without TheClassifieds's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a TheClassifieds name, trademark or product name without TheClassifieds's express written consent.

6. Linking

6.1 You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray TheClassifieds or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a TheClassifieds logo or other proprietary graphic or trademark of TheClassifieds to link to this Site without the express written permission of TheClassifieds. This limited right may be revoked at any time.

6.2 TheClassifieds makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of TheClassifieds and TheClassifieds is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement or adoption by TheClassifieds of the site or any information contained therein. When leaving the TheClassifieds site, you should be aware that TheClassifieds's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

7. User Conduct

7.1 In using this Site, and any of the services it offers, you agree:

  1. 7.1.1 Not to use the website in such a way that is in violation of any applicable law or regulation;
  2. 7.1.2 Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
  3. 7.1.3 Not to violate, or attempt to violate the security of TheClassifieds. Violations of system or network security may result in civil or criminal liability. TheClassifieds will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
  4. 7.1.4 Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites
  5. 7.1.5 Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
  6. 7.1.6 Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

7.2 In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account (if applicable), and that you will comply with all applicable local, national and international laws and regulations in this regard.

8. Indemnification

8.1 You shall remain solely liable for the content of any messages or other information you upload or transmit to TheClassifieds. You agree to indemnify and hold harmless TheClassifieds from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this end-user agreement, or your violation of any rights of a third party.

9. Submissions

9.1 You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to TheClassifieds, or postings on this Site, are non-confidential and shall become the sole property of TheClassifieds. TheClassifieds shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to TheClassifieds irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

10. Deposits and Balances

10.1 You acknowledge that TheClassifieds does not hold a deposit-taking license (a banking license) and cannot hold funds on your behalf.

10.2 You acknowledge that if funds are present in your TheClassifieds account that TheClassifieds said funds can only be spent on TheClassifieds services and are not refundable or transferable.

11. Fees

11.1 You understand that TheClassifieds will charge fees for the use of any of the services it provides. These fees are available on the Site and may change from time to time. Your acceptance of this agreement indicates your acceptance of these fees and any change to these fees which may occur now or in the future.

12. Security

12.1 TheClassifieds makes every effort to ensure the security and integrity of your account and we make use of sophisticated systems to accomplish this. You understand however, that there is a compromise made between the extent of these security systems and the inconvenience to you, the user.

12.2 You understand that security still relies heavily on the use of a username and password and undertake to contact us at once if you believe your username and password have been compromised.

12.3 TheClassifieds strongly suggests that you use a web browser with 128-bit encryption or better. However, regardless of whether you use a web browser with security features or not, TheClassifieds is unable to guarantee that data transmitted and is secure and/or will not be intercepted by third parties.

12.4 Phishing is a form of fraud where criminals attempt to access your confidential information. This is done by an email request for information, by luring you to a fake website or some other such means. In any case of phishing, TheClassifieds will respond as quickly as possible to alert users to the threat or to mitigate the threat. No guarentee is given as to this action however, and PayFast will not be held liable for any funds lost as a result of a User falling prey to a phishing attack. It is the responsibility of the User to be aware of such potential threats, to avoid them and to report them to TheClassifieds upon discovery.

12.5 TheClassifieds reserves the right to implement any security measures deemed appropriate to lower or negate fraudulent transactions, which may result in certain transactions being disallowed.

13. Email Disclaimer

13.1 The information in all e-mail messages (document and attachments) sent by an employee / electronic agent / a legal member of TheClassifieds is confidential and may be legally privileged. The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete this email (document and attachments). Do not disclose the contents of this email (document and attachments) to any other person, nor make any copies thereof.

13.2 Internet communications cannot be guaranteed to be secure or error-free. Neither TheClassifieds nor the sender accepts liability for any errors or omissions in the contents of messages which arise as a result of email transmission. If verification is required, please request a hard copy version. Also take note that email can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will TheClassifieds or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from the transmission of email messages, the opening of email messages and their attachments, or any use thereof whatsoever.

13.3 No employee is authorised to conclude a binding agreement on behalf of TheClassifieds by email without the express written confirmation of a director of TheClassifieds. Nothing contained in said email shall be construed as a legally binding agreement or an offer to contract.

14. Disclaimer of Warranties

14.1 YOU FURTHER UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.

14.2 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TheClassifieds AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY TheClassifieds OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

14.3 YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

14.4 YOU ACKNOWLEDGE THAT TheClassifieds DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, EXCEPT AS OTHERWISE AGREED IN WRITING, TheClassifieds AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

14.5 TheClassifieds DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TheClassifieds DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY TheClassifieds VIA EMAIL OR OTHER MEANS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES TheClassifieds MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TheClassifieds OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.

14.6 TheClassifieds ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF TheClassifieds, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.

14.7 TheClassifieds DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.

14.8 ALL THE INFORMATION APPEARING ON THIS SITE IS PROVIDED WITHOUT A REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND TheClassifieds DISCLAIMS ANY LIABILITY TO THE USER IN THIS REGARD.

15. Limitation of Liability

15.1 TheClassifieds has taken reasonable steps as far is possible, to ensure the accuracy and completeness of the content shown on this site, to ensure that the user doesn't suffer any loss or damages as a result of the use of this site.

15.2 UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL TheClassifieds OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THECLASSIFIEDS.CO.ZA OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE TheClassifieds OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TheClassifieds HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.3 TheClassifieds SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH ANY PRODUCT, SERVICE OR OTHERWISE, PURCHASED OR USED AS A RESULT OF THE USE OF THIS SITE. IT IS EXPRESSLY UNDERSTOOD THAT THE USER IS AWARE THAT TheClassifieds PROVIDES A SERVICE TO BRING BUYER AND SELLER OR SERVICE OFFERER AND SERVICE CONSUMER TOGETHER, AND ACCEPTS NO RESPONSIBILITY FOR THE QUALITY, RELIABILITY, SAFETY, FUNCTION, SUITABILITY OR OTHERWISE, OF A PRODUCT PURCHASED, SERVICE USED, OR OTHERWISE, AS A RESULT OF THE USE OF THIS SITE.

15.4 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.

16. User's Liability to TheClassifieds

16.1 In the event that TheClassifieds takes action against you for breach of these terms of use, you agree to reimburse TheClassifieds for all legal costs, including tracing fees and collection commission, on a scale as between attorney and own client.

17. Applicable Law

17.1 The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Use of the service offered on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.

18. Termination

18.1 Notwithstanding any of these terms and conditions, TheClassifieds reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.

19. Severability

19.1 If any provision of this end user agreement is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from this end user agreement and shall not affect the validity and enforceability of any remaining provisions.

20. Domicilium

20.1 TheClassifieds chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: Ground Floor, Building 2, Silverpoint Office Park, 22 Ealing Crescent, Bryanston, Johannesburg, South Africa.

21. Terms

21.1 The terms "The User" and "You" are used interchangeably and refer to all individuals and/or entities accessing this web site for any reason.

21.2 The terms "we" and "TheClassifieds" are used interchangeably and refer to TheClassifieds itself and all individuals and/or entities acting directly on behalf of TheClassifieds.