Please read the Ecommerce.co.za Terms and Conditions of Use carefully before using our website. We would appreciate your doing so as it will go a long way in maintaining a harmonious relationship between you, the user, and Ecommerce.co.za
Your access to and use of the Ecommerce.co.za website as the user ("the user") shall be subject to the following terms and conditions. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THIS WEBSITE OR USE ANY OF THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. We reserve the right at our sole discretion to update or revise the Terms and Conditions of Use. The amended terms will be made available on the website. Your continued use of this website following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.1. THE INFORMATION SERVICE1.1
The Ecommerce.co.za information service ("the information service") is comprised of information and content, which includes but is not limited to articles, advertising services, general news, e-commerce, interactive chat rooms, trading websites, news groups and forums (moderated and unmoderated) provided by Ecommerce.co.za and third parties with whom Ecommerce.co.za has contracted.1.2
Ecommerce.co.za may, in its sole discretion, amend these terms and conditions from time to time at which time the new terms and conditions will immediately come into effect in respect of further usage.2. GRANT2.1
Ecommerce.co.za hereby grants to the user a personal, non-exclusive, non-assignable and non-transferable right to use and display all content and software included in the information service on any computer of which the user is the primary user.2.2
Notwithstanding anything contained in clause 2.1 above the user may designate members of the user's household to use the information service in accordance with the terms of this agreement, provided it is done by using the user's computer equipment or account.2.3
Any free service offered on the Ecommerce.co.za web-site is at the sole discretion of Ecommerce.co.za.2.4
The user shall not copy any of the content or software without first obtaining Ecommerce.co.za’s consent and Ecommerce.co.za reserves all its rights, including the right to institute legal action and to terminate this agreement, should such infringement occur.2.5
The user shall be responsible for all use of the information service accessed through the user's account, as defined by any user identification mechanisms such as cookies, passwords or authentication certificates, and the user hereby agrees to be personally liable for any and all obligations entered into or assumed by others who access the information service through the user's account.2.6
Neither the user nor its designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive or access through the information service, without the prior written consent of Ecommerce.co.za.2.7
As a condition of your use of the Ecommerce.co.za website, you warrant to Ecommerce.co.za that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Any unauthorised commercial use of the website, or the resale of its services, is expressly prohibited.2.8
You agree to abide by all applicable local, provincial, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your use of the Ecommerce.co.za website. By way of example, and not as a limitation, you agree not to:
2.8.2 Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
2.8.3 Advertise or offer to sell or buy any goods or services for any non-personal purpose.
2.8.4 Harvest or otherwise collect information about others, including email addresses, without their consent.
2.8.5 Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
2.8.6 Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a website member any directory of the website members or other user or usage information or any portion thereof other than in the context of your use of the website as permitted under the Terms and Conditions.
2.8.7 Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs.
2.8.8 Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto and/or have received all necessary consents.
2.8.9 Interfere with or disrupt networks connected to the website or violate the regulations, policies or procedures of such networks.
2.8.10 Attempt to gain unauthorised access to the website, other accounts, computer systems or networks connected to the website, through password mining or any other means.
2.8.11 Interfere with another user's use and enjoyment of the website or another individual's or entity's use and enjoyment of similar services.
The user agrees that:3.1
Use of the information service is at the user's sole risk. Neither Ecommerce.co.za nor any of its information providers, licensors, suppliers, employees, agents, or Internet Service Providers ("the suppliers"):
3.1.1 guarantee that the information service will be uninterrupted, error-free, accurate or correct;3.2
3.1.2 shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of the information service or inability to use the service or out of any breach of this agreement.
The user shall not add to the information service any material that violates the intellectual property rights of any other person.3.3
The user shall not upload, post or otherwise publish on or over the information service, and not seek on or over the service, any software, file, information, communication or other content:
3.3.1 which violates or infringes upon the rights of any other;3.4
3.3.2 which, under the circumstances and in Ecommerce.co.za’s sole discretion, is, or is likely to be perceived by an intended recipient or target as, defamatory, deceptive, misleading, abusive, profane, pornographic, offensive or inappropriate or contrary to any laws of the countries in which the information service may be accessed;
3.3.3 which is unsuitable for children and minors;
3.3.4 which constitutes a threat to, harassment of, or invasion of privacy of any person or legal persons;
3.3.5 which detrimentally affects the information service or Ecommerce.co.za in any way whatsoever;
3.3.6 which contains any virus or any other attribute that may cause a corruption of data;
3.3.7 which, without the approval of Ecommerce.co.za, contains any advertising, promotion or solicitation of goods or services for commercial purposes.
The Ecommerce.co.za website may produce automated search results or otherwise link you to other websites on the Internet. These websites may contain information or material that some people may find inappropriate or offensive. These other websites are not under the control of Ecommerce.co.za and the user acknowledges that Ecommerce.co.za is not responsible for the accuracy, copyright compliance, legality or decency of any other aspect or the content of such websites. The inclusion of such a link does not imply endorsement of the website by Ecommerce.co.za or any association with its operators.3.5
Ecommerce.co.za does not make any warranty or representation that information and products advertised on the website are appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to Ecommerce.co.za that you are legally entitled to do so and to make use of information and services available via the website.4. DISCLAIMER AND INDEMNITY4.1
In no event shall Ecommerce.co.za and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if Ecommerce.co.za or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the service, or with any of these terms and conditions of use, your sole and exclusive remedy is to discontinue using the website.4.2
You agree to indemnify and hold Ecommerce.co.za, its parent companies, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the website or any breach of these terms and conditions by the user.4.3
The information service is distributed in good faith without any warranties either express or implied, including any implied warranties of the merchantability, non-infringement of third party rights, freedom from viruses or other harmful code or fitness for a particular purpose. Ecommerce.co.za does not warrant that the use or the results of the use of the website or the materials made available as part of the website will be correct, accurate, timely, or otherwise reliable.4.4
The user acknowledges that Ecommerce.co.za will not be required to edit or review for accuracy or appropriateness any content within the service.4.5
Ecommerce.co.za reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.4.6
The user waives any claim which the user may have against Ecommerce.co.za, its subsidiaries and other affiliated companies and their employees, contractors and officers in respect of any selection of, or retention of, or the acts or omissions of, third parties in connection with the information service.4.7
You specifically agree that Ecommerce.co.za shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the website. You specifically agree that Ecommerce.co.za is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.4.8
Any dealings with Advertisers on the information service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. Ecommerce.co.za shall not be responsible or liable for any part of any such dealings or promotions.4.9
The Ecommerce.co.za website is available on the World Wide Web (“WWW”) for any user with access to the WWW to view, “as is” and has not been compiled or designed to meet each user’s individual requirements. Ecommerce.co.za will not be held responsible for any inconvenience, loss or damage that a user may suffer as a result of failure to meet such requirements.5. VIEWS EXPRESSED5.1
The views and opinions expressed on the Ecommerce.co.za website are not necessarily those of Ecommerce.co.za and Ecommerce.co.za cannot be held responsible for such views expressed or such content submitted by third parties.5.2
Ecommerce.co.za shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Ecommerce.co.za. Without limiting the foregoing, Ecommerce.co.za shall have the right to remove any material that Ecommerce.co.za, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.6. TERMINATION6.1
Ecommerce.co.za may terminate access to any part or all of the website and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.7. VERIFICATION7.1
You agree that all instructions, consents, orders and any other communications which purport to originate from you or a person who had authority to act on your behalf in respect of such communication or an information system programmed by or on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to Ecommerce.co.za electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by Ecommerce.co.za and you will be bound by such instruction with no liability of whatever nature attaching to Ecommerce.co.za in regard thereto.7.2
You waive any rights you may have or obtain against Ecommerce.co.za arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Ecommerce.co.za acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify Ecommerce.co.za against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Ecommerce.co.za has acted on your instructions/orders or instructions/orders which purport to emanate from you.8. MONITORING8.1
Ecommerce.co.za shall have the right, but not the obligation, to monitor the content of Ecommerce.co.za, including chat rooms and forums, to determine compliance with the Terms and Conditions of Use and any operating rules established by Ecommerce.co.za and to satisfy any law, regulation, legal process or authorised government request.9. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS9.1
All the contents on the Ecommerce.co.za website, including any and all text, graphics, music, sounds, video, terms, icons, hyperlinks, private information, designs, trademarks, software, data and databases is the intellectual property of Ecommerce.co.za and is protected by local and international law dealing with copyright and intellectual property rights. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Ecommerce.co.za.9.2
The user or designated user who places or has placed software, a file, information, communication or other content on, in, over or through the accessible areas of the service grants to Ecommerce.co.za or assignees an exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in connection with Ecommerce.co.za business or the business of Ecommerce.co.za assignees such software, files, information, communications and other content, regardless of the medium, technology or form utilised by Ecommerce.co.za in the exercise of this grant.9.3
No person, business or website may frame the Ecommerce.co.za website or any of the pages on the website in any way whatsoever without the permission in writing of Ecommerce.co.za.10. RSS FEEDS
RSS (really simple syndication) service is a means by which Ecommerce.co.za offers feeds of story headlines in XML format ("RSS Content") to visitors to the Ecommerce.co.za website who use RSS aggregators or other methods of consuming RSS Content. By accessing our RSS Content you are indicating your understanding and agreement that you will not use Ecommerce.co.za RSS in contravention of the following conditions.10.1
RSS is a free service offered by Ecommerce.co.za for non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS feeds as provided by Ecommerce.co.za, and you may not edit or modify the text, content or links supplied by Ecommerce.co.za. For web posting, reprint, transcript or licensing requests for Ecommerce.co.za material, please contact Ecommerce.co.za.10.2
The RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article or video on the Ecommerce.co.za website as specified in the xml. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Ecommerce.co.za website page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable Ecommerce.co.za website page.10.3
Ecommerce.co.za retains all ownership and other rights in the RSS Content, and any and all Ecommerce.co.za logos and trademarks used in connection with the RSS Service. Use of any Ecommerce.co.za RSS Content must be accompanied by proper attribution to Ecommerce.co.za as the source. If you provide this attribution using a graphic, you must use the appropriate Ecommerce.co.za logo that we have incorporated into the RSS feed.10.4
External links may be provided for your convenience, but they are beyond the control of Ecommerce.co.za and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external 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 Ecommerce.co.za.12. SECURITY AND UNLAWFUL USE12.1
Any legal person that delivers or attempts to deliver any damaging code to the Ecommerce.co.za website, to gain unauthorised access to any page on the website, to tamper with any of the contents or pages that constitutes the website or duplicate such pages or content without the express permission of Ecommerce.co.za shall be prosecuted to the full extent of the law, and civil damages may be claimed in the event that Ecommerce.co.za suffers any damage or loss as a result of such actions.12.2
The user may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks").12.3
Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. Ecommerce.co.za will investigate incidents involving such violations and will involve and will co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
12.3.1 Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of Ecommerce.co.za.13. PRIVACY13.1
12.3.2 Unauthorised monitoring of data or traffic on the network or systems without express authorisation of Ecommerce.co.za.
12.3.3 Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
12.3.4 Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.
12.3.5 You are prohibited from making use of our website to make fraudulent offers to sell or buy products, items, or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters".
Ecommerce.co.za will be entitled in its sole discretion and without notice to provide user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten rights of any person or entity, and to maintain and use internally such information and records.13.3
Ecommerce.co.za may also provide online and e-mail communications to the user on matters pertaining to the information service, its features, its sponsors, or its use without compensation to the user, but shall do so reasonably and in good faith.13.4
The user acknowledges:
13.4.1 that communications within the information service may be monitored or reviewed for quality control and other reasonable business purposes;14. COMPLIANCE WITH SECTION 43(1) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT OF 2002 ("ECT ACT").
13.4.2 that advertising and promotion may occur on the information service and that the user shall not have any claim with respect to any proceeds from such activities.
13.4.3 The use of the user information and the disposal or dissemination thereof shall not constitute invasion of privacy by Ecommerce.co.za.
In compliance with section 43(1) of the ECT Act, please note the following:14.1
full name: Ecommerce.co.za;14.2
postal address: P O Box 6468, Meyersdal, 1447;14.3
telefax number: +27 11 680 0714;14.4
telephone number: + 27 11 680 0714;14.5
website address: http://www.Ecommerce.co.za;15. ADDRESS FOR SERVICE15.1
The address for service for all purposes relating to these terms and conditions of use including the giving of any notice, the payment of any sum, the serving of any process, is the address set out in 14.2 and telefax number set out in 22.214.171.124
Ecommerce.co.za shall be entitled from time to time, to vary its postal address for service to any other postal address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.16. GENERAL16.1
This agreement constitutes the sole agreement between the parties. Ecommerce.co.za shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. No addition to, variation of or agreed cancellation of this agreement shall be of any force or effect unless recorded in writing and accepted by Ecommerce.co.za in writing. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Ecommerce.co.za in respect of the subject matter hereof. No indulgence or extension of time which either you or Ecommerce.co.za may grant to the other will constitute a waiver of or, whether by estoppel 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.16.2
Ecommerce.co.za shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions.16.3
All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.17. FORCE MAJEURE17.1
Ecommerce.co.za shall not be held responsible for any failure on the website, the cause of which is as a result of industrial action, flood, fire, riots, civil disturbance, Telkom circuit failure, routine maintenance work, conditions where errant software code or viruses within applications, services or operating systems adversely effects normal server operation or for any other reason, beyond the reasonable control of Ecommerce.co.za.18. GOVERNING LAW AND JURISDICTION18.1
This Terms and Conditions of Use Agreement is governed by the laws of the Republic of South Africa. The Ecommerce.co.za website is controlled and operated by SURREAL, a legal entity incorporated in terms of the laws of the Republic of South Africa and therefore South African law and the jurisdiction of the South African Courts shall govern any action or claim that may arise from the use or inability to use this website.
© All rights reserved. Ecommerce.co.za is a wholly owned subsidiary of SURREAL.