Terms & Conditions
The Company will not be liable for any costs incurred by you for professional advice on this use agreement. Please note: We highlight some important provisions of the Consumer Protection Act (No. 68 of 2008) below. However, it remains your own responsibility to read the Law as a whole. – Limitation of Risk, Legal Responsibilities and Liabilities: Sections 2A, 2B, 2C, 9, 10, 12, 13, 14, 18 and 20 limit and include obligations, legal responsibilities and liabilities that Spec X and other persons or entities may have against you have, out.
Your rights and remedies to us and other persons and entities are therefore also limited and excluded. Further, it restricts and excludes your right to recover or claim any damages that you or others may suffer as a result of using the Spec X website. – Assumptions of Risk, Legal Responsibilities and Liabilities: Sections 2C, 3, 4, 6, 8, 9, 10, 11, 12, 13, 14, 18 and 20 are relevant because you accept the risk, legal responsibilities and liability. This means that you may be responsible for claims and other amounts. You are also responsible for and accept the various risks, damages and losses that you and others may suffer. In terms of these articles, we can terminate our services to you should this happen. –
Acknowledgment: Articles 2C and 16 contain statements that are factual acknowledgment of you. So you won’t be able to deny later that the statements are true. Spec X may be acting against you and / or making claims against you as a result of these statements. – Disclaimer: Section 10 requires you to indemnify Spec X and other persons or entities against claims, damages and losses that Spec X and other persons or entities may suffer as a result of the events set out in Section 10. You are also required to Indemnify and hold harmless X and other persons and entities against claims for damages and losses that any person or entity may incur as a result of the events set forth in Section 10. It places upon you various risks, liabilities, obligations and legal responsibilities. You are responsible and liable for the payment of any claim, loss and damage that Spec X may suffer or claim.
- Inability to enforce any inability by the Company to execute or enforce any right or condition of this Agreement shall not be deemed to be a waiver of such right or condition. The Company has the right to cede, assign or otherwise transfer its rights and obligations under this Use Agreement to any third party.
- DESCRIPTION OF SERVICE AND CONTENT POLICY A. Spec X is a private entity that provides a platform and thereby forms a network where our users, who fully comply with these Terms, advertise their businesses, products and services. Spec X focuses on businesses that offer their services in Afrikaans and where all owners / shareholders / directors are actively involved and available. Spec X is by no means involved in any transactions. As a result, and as discussed in more detail in these Terms, Spec X is not a party to any transaction, Spec X has no control over any element of such transaction and, to the extent permitted by law, and subject to Article 19, no liability to any party in connection with such transactions. To the extent permitted by law and subject to Section 19, you use the Service and the Website at your own risk and responsibility. B. Spec X is not responsible for advertising, comments, offers, user posts, images, photos, videos, audio clips, directory information, business listings, information, or any other material made available through the website or service, or any messages between users, including without limitation, emails, chats or other electronic means of communication (“Content”), whether accessing the Website or any other third-party sites (“Third-Party Sites”). By using the Website and the Service, you may be exposed to content that is offensive, immoral, inaccurate, misleading or otherwise objectionable. To the extent permitted by law and subject to Section 19:
(i) you are responsible for, assessing and carrying all risks associated with the use of any Content;
(ii) you may not rely on any Content; and
(iii) under no circumstances will Spec X be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the Website, use or reading of any Listed Content, by email or otherwise made available through the service.
Spec X is under no obligation to conceal or approve any Content in advance, but Spec X has the right, in its sole and absolute discretion, to refuse, delete or move any Content available through the Service, for violating these conditions where such violation is brought to Spec X’s attention. Furthermore, the Website and content available through the Website may contain links to third-party websites that are not affiliated with Spec X at all. By linking to third party websites, you may be subject to the terms, conditions and policies of those third party sites. To the extent permitted by law, and subject to Section 19, Spec X makes no representation or warranty as to the accuracy or authenticity of the information on any third party sites, and your link to any other sites is, to the extent permitted by law and subject to to Section 19, entirely at your own risk and Spec X is in no way liable for your link to such other sites. C. To the extent permitted by law, and subject to Section 19, you are solely responsible for your own content posted, transmitted by, or linked from, the Service, and the consequences of posting, transmitting, linking or publication thereof. More specifically, you are solely responsible for all content you upload, email or otherwise make available through the Service. In connection with such Content posted, transmitted by, or linked to by the Service, you acknowledge, acknowledge, propose, guarantee and undertake that:
- you own the property and will continue for the duration of the content on the site is available to have the necessary licenses, rights, and permissions to use such content on the service and website (including, without limitation, all patents, trademarks, trade secrets, copyrights, or other proprietary rights to any such content) and authorize your Spec X to use such content to facilitate the inclusion and use of the content in the manner contemplated by the Service, the Website and these Terms; and
- you have the written consent, release and / or consent of each identifiable individual or business in the Content to use the name or appearance of each identifiable individual or business to include and use the Content in that manner as intended by the Service, the Website and these Terms. For the sake of clarity: you retain all your ownership in your content; By submitting any content on the Website, you hereby grant to Spec X an irrevocable, not cancel-able, perpetual, worldwide, non-exclusive, royalty-free, sub-licensee, transferable license to use, reproduce, distribute, distribute, prepare, display and execute the Content in connection with the Website and Spec X (and its successors) business, including, without limitation, for the purpose of the entire website or the content or content thereof (and derivative) works) and redistribute it into any media formats and via any media channels now known or hereafter.
- Spec X requires these rights to host and display your content. You hereby also grant each user of the Website a non-exclusive license to access your content through the Website, which includes, inter alia, the deletion of content and any other potential use for commercial purposes. The license granted to each user under this section is terminated as soon as you or Spec X remove such content from the Website. Spec X does not endorse any content posted or any opinion, statement, recommendation or advice expressed in the content, and to the extent permitted by law, and subject to Article 19, Spec X expressly disclaims any and all liability in connection with the content. Spec X does not allow copyright and intellectual property infringement activities to occur on the Website, and Spec X may, in its sole discretion, remove any infringing content, or what Spec X considers to be infringing. Spec X reserves the right to remove any content without prior notice. Spec X may also terminate a user’s access to the Website if such user is determined to be a repeat infringer or if it appears that the user is taking any action in violation of these Terms. A repeat infringer is a user who has been notified more than twice of the infringing activity and / or a user whose submission has been removed from the site more than twice. OLX reserves the right, in its sole discretion, to decide whether any Content is applicable and complies with these Terms
- CONDUCT Y
ou agree not to post, display, upload, modify, publish, post, update or post any information on the Website or otherwise not make content available:
- which violates any law or regulation;
- which is protected or patented by copyright, trade secret (s) or trademarks, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or consent or license from the legitimate owner to post the material and to grant Spec X all of the licensing rights granted in these Terms;
- which infringes the rights of any party, or contains content that you do not have the right to make available under any laws, regulations, contractual or contractual relations;
- which is harmful, abusive, illegal, threatening, harassing, blasphemous, defamatory, pornographic, pedophilic, invasive to a person’s privacy or other rights, hateful, or racially, ethnically offensive, contemptuous, related or encouraging of money laundering or illegal gambling or unduly prejudice or injure minors in any way;
- who harass, humiliate, intimidate or hate any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- which violates local employment laws, including but not limited to the prohibition on prescription or requirement based on race, color, religion, gender, national origin, age or disability in an employment advertisement;
- containing personal or identifying information of another person or entity without the person’s express consent;
- which falsely declares or misrepresents a person or entity, including, but not limited to, a Spec X employee, or a relationship with a person or entity;
- communicate or mislead the addressee as to the origin of such messages or any information which is highly offensive or threatening in nature;
- which is false, misleading or deceptive;
- marketing or containing “pyramid schemes”, “junk mail”, “spam”, “bait marketing” or unsolicited commercial advertisements;
- consisting of or containing any form of advertising or recruitment if (a) it is placed in areas or categories of the website that are not designated for such purposes; or (b) be emailed to Spec X users requesting that they not be contacted about other services, products or commercial interests;
- which includes links to commercial services or third-party websites, except as specifically permitted by Spec X;
- Advertising illegal services or the sale of items whose sale is prohibited or restricted by applicable law, including the sale of items prohibited or regulated by applicable law;
- which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer source;
- which disrupts the normal flow of dialogue with a disproportionate number of messages (flood attack or distributed denial of service attack) to the Service, or which otherwise adversely affects the user’s ability to use the Service; or
Spec X charges a fee for placing the advertisement and its content on the Website (“Paid Content”). The fee allows the ad to be placed on a designated area of the site. Each user posting content is responsible for the content and compliance with the terms. Such fees are non-refundable, even if any content is removed from the Service due to violation of these Terms.
- USER EARNINGS
When you use the Website, you will be exposed to content from a variety of sources and, to the extent permitted by law, and subject to Article 19, Spec X is not responsible for the accuracy, usefulness, security or intellectual property rights to or in relation to such content, and you accept all liability for yourself. You may further be exposed to inaccurate, abusive, immoral, abusive, or defamatory content, and to the extent permitted by law, and subject to Section 19, you agree to waive any legal or equitable rights or remedies you may have against Spec X has or may have in respect thereof.
- ACTIONS WITH ORGANIZATIONS AND INDIVIDUALS
To the extent permitted by law, and subject to Section 19, Spec X is in no way responsible for your interaction with any organizations and / or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations relating to any interaction you may have with other organizations and / or individuals. These transactions are solely and exclusively between you and such organizations and / or individuals. To the extent permitted by law, and subject to Section 19, Spec X is not responsible or liable for any loss or damage of any kind incurred as a result of such acts or interactions. In the event that you have a dispute with one or more other users, as permitted by law, and subject to Section 19, you hereby release Spec X, its officers, employees, agents and successors (“Indemnified Parties”) from any and all losses, damages, debts, claims and costs of any kind, whether compensatory, direct, additional, consequential or otherwise, incurred by the Indemnified Parties arising out of or in any way related to such disputes, interactions, actions, our Service and / or website. The Company reserves the right to defend and manage any claims arising from the foregoing and you agree to cooperate fully with the Company during such extensions.
- LIMITATION AND TERMINATION OF SERVICE & AMENDMENTS TO THESE TERMS
Spec X may from time to time limit the use of the Service, including the maximum number of days that the advertisement (s) and content thereof maintained by the Service or retains, the maximum number and size of the advertisement (s), posts, emails or other content that may be transmitted or stored by the Service. Spec X, in its sole and absolute discretion, has the right (but not the obligation) to deactivate your account, block your email or IP address, or otherwise access or use the Service (or any part thereof) ), to modify or discontinue the Service (or any part thereof), and to remove any Content within the Service.
SOFTWARE AND EQUIPMENT It is your responsibility to maintain the necessary hardware, software, communication avenues and Internet access accounts that enable you to access the Internet, this Website and / or download content from this Website to acquire and maintain expenses.
ACCURACY OF INFORMATION
You hereby undertake to ensure that all the information you provide to the Company is correct and constantly updated. This includes but is not limited to your name and email address. The Company is not liable for any damages, losses or debts of any kind arising from any misrepresentation by you. If you fail to update your information continuously, we reserve the right to suspend or delete your profile.
This Website is provided on an “as is” basis, without any warranties of any kind, express or implied as to the operation of this Website, the accuracy of the information or the products or services referred to is listed on this site and has not been compiled or provided to meet your individual needs. It is your sole responsibility to satisfy yourself, before entering into this User Agreement with The Company, that the service available from and through this Website will meet your individual needs and be compatible with your hardware and / or software.
For purposes of this Agreement “the Information” shall mean:
Any technical, commercial, financial, scientific, marketing and/or business information and know-how, including without limitation, trade secrets, software, software code, marketing strategies, information relating to shareholders and/or subsidiaries, client and/or supplier lists, processes, designs, methodologies, drawings, technical specifications and data in whatever form relating to the other Party’s business practices and/or the other Party’s clients’, policies and/or practices, information, in whichever form, which is disclosed to either Party, or otherwise acquired by any Party from the other Party, whether marked confidential or not;
The Parties agree to disclose the Information to one another for the exclusive purpose of enabling SPEC X SA to render its field marketing services to THE COMPANY;
The Parties agree that they will not, during the course of their association with one another in whichever form or thereafter, disclose the information to any third party for any reason or purpose whatsoever;
The Parties agree not to utilize, employ, exploit, or in any other manner whatsoever use the information disclosed pursuant to the provisions of this Agreement for any other purpose whatsoever;
The Parties agree that the disclosure of the information to a third party or the utilization thereof may cause irreparable loss, harm and damages to both the other Party and its clients;
All information disclosed by the Parties to one another is acknowledged by the Parties to be proprietary to and owned by the Party disclosing such information and/or its clients and no rights herein of whatever nature shall be conferred upon the Party receiving the Information;
Information may be disclosed in writing, whether physically, electronically or otherwise as well as verbally whether in person or telephonically and as such the Parties agree that all possible methods of disclosure is considered to be incorporated into this Agreement.
The Parties may, at any time, request the other Party to return any material containing, pertaining to or relating to the Information disclosed pursuant to the terms of this Agreement and may, in addition, request the Party returning the Information to furnish it with a sworn affidavit to the effect that, upon such return, the such Party has not retained in its possession, or under its control, either directly or indirectly and whether physically or electronically, any such material;
- Information expressly excluded from this clause is information that:
1. is known to, or in the possession of the Party receiving the Information prior to disclosure thereof by the other Party;
2. is or becomes publicly known, otherwise than pursuant to a breach of this Agreement by the Receiving Party;
3. is developed independently of the Party disclosing the Information by the Party receiving the Information in circumstances that do not amount to a breach of the provisions of this Agreement;
4. is disclosed by the Party receiving the Information to satisfy an Order of a Court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Party receiving the Information shall advise the Party who disclosed the Information to take whatever steps it deems necessary to protect its interests as well as the interests of its clients in this regard, provided further that the Party who received the Information will disclose only that portion of the information which it is legally required to disclose and the Party who received the Information will use its best endeavours to protect the confidentiality of such information to the widest extent possible in the circumstances;
5. is disclosed to a third party pursuant to the prior written consent of the Disclosing Party;
6. is received from a third party in circumstances that do not result in a breach of the provisions of this Agreement.