Terms and Conditions
Last updated 20 July 2023
1. AGREEMENT TO TERMS
By accessing and using the website www.p49e.com and all its subsidiaries (the “Site”), you agree to these Terms and Conditions. If you do not agree to these terms, please discontinue use of the Site immediately. These Terms and Conditions apply to all users of the Site.
2. INTELLECTUAL PROPERTY RIGHTS
All content on the Site, including text, graphics, logos, and images, is the property of Page Platforms (Pty) Ltd or its licensors and is protected by copyright and other intellectual property laws. You may not use, reproduce, or distribute any content from the Site without prior written permission.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that all information you provide is accurate and complete, you have the legal capacity to agree to these Terms and Conditions, and your use of the Site complies with all applicable laws and regulations.
4. USER REGISTRATION
If you are required to register with the Site, you agree to keep your password confidential and will be responsible for all activities that occur under your account.
5. SOFTWARE
Any software provided on the Site is licensed, not sold, to you for use solely in connection with the Site. You may not reproduce, redistribute, or modify the software without our express permission.
6. PROHIBITED ACTIVITIES
You may not use the Site for any illegal or unauthorized purpose, including but not limited to tricking or defrauding other users, interfering with security features of the Site, or uploading viruses or other harmful material.
7. GUIDELINES FOR REVIEWS
We may provide areas on the Site for leaving reviews or ratings. When posting a review, you must adhere to the following criteria:
- you must have firsthand experience with the subject of the review;
- your review must not contain offensive language or hate speech;
- your review must not discriminate based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your review must not reference illegal activities;
- you must not be affiliated with competitors if posting negative reviews;
- you must not make legal conclusions;
- your review must not contain false or misleading statements; and
- you must not organize campaigns to encourage others to post reviews, whether positive or negative.
8. Social Media
As part of our Sites features, you can connect your account with third-party service providers (each a “Third-Party Account”) by:
- providing your Third-Party Account login information through our Site; or
- allowing us to access your Third-Party Account, as permitted by the terms and conditions of each Third-Party Account.
- we may access, make available, and store any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through our Site via your account, including any friend lists and
- we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
9. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and become our sole property. We own exclusive rights, including all intellectual property rights, and are entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive all moral rights to any such Submissions, and you warrant that any such Submissions are original or that you have the right to submit them. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
10. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items from third parties ("Third-Party Content"). We do not investigate, monitor, or check the accuracy, appropriateness, or completeness of Third-Party Websites and Third-Party Content. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including their content, accuracy, opinions, reliability, privacy practices, or other policies. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you choose to leave the Site and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk, and these Terms and Conditions no longer apply. You should review the terms and policies, including privacy and data practices, of any website you navigate to from the Site or any applications you use/install from the Site. Any purchases made through Third-Party Websites are between you and the third party, and we are not responsible for such purchases. We do not endorse the products or services offered on Third-Party Websites, and you agree to hold us harmless from any harm caused by your purchase of such products or services. You also agree to hold us harmless from any losses or harm caused to you relating to or resulting from Third-Party Content or any contact with Third-Party Websites.
11. SITE MANAGEMENT
We reserve the right, but not the obligation, to:
- monitor the Site for violations of these Terms and Conditions;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, remove from the Site or disable all files and content that are excessive in size or are in any way burdensome to our systems; and
- otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
12. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
13. TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. We may terminate your use or participation in the Site, delete your account, and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil and criminal redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
15. GOVERNING LAW
These conditions are governed by and interpreted following the laws of the Republic of South Africa. If your habitual residence is elsewhere, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Page Platforms (Pty) Ltd and yourself both agree to submit to the non-exclusive jurisdiction of the courts of South Africa, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the Republic of South Africa.
16. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
17. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
- (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- your Contributions;
- use of the Site;
- breach of these Terms and Conditions;
- any breach of your representations and warranties set forth in these Terms and Conditions;
- your violation of the rights of a third party, including but not limited to intellectual property rights; or
- any overt harmful act toward any other user of the Site with whom you connected via the Site.
20. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
22. MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
32. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Robert Sobukwe Rd
Bellville
Cape Town
motsohi@p49e.com