Terms
Disclaimer This agreement applies to you if you use our website www.scbd.co.za. The website of www.scbd.co.za is owned and operated by the Southern Cape Business Directory CC, registration number CK2010/015660/23. Our service has been created to be easily accessible to all users, but it also has limitations and risks that you must be aware of before participating. Prior to, and as a condition of your participation, you (hereinafter you or yours or user) must agree to abide by SCBD terms of participation. This order constitutes a binding agreement with, and a firm commitment to Southern Cape Business Directory CC, registration number CK2010/015660/23. Terms of use 1. The full use of www.scbd.co.za including the submission of listings is available only to individuals or businesses operating in South Africa. 2. www.scbd.co.za reserves the right to modify the terms of participation at any time and without prior notice to its users. We may add to, change, delete or end our or your use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons. 3. www.scbd.co.za is not involved in any transaction between any parties who use our site. We are a venue only and do not screen or censor or otherwise control the content offered to other users, nor does www.scbd.co.za screen or censor or otherwise control the users of its service. www.scbd.co.za cannot and does not control the behaviour of the participants on this site. 4. If there is a dispute between participants on this site, www.scbd.co.za is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release www.scbd.co.za, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. 5. The www.scbd.co.za service may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, provincial or national law, ordinance or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libellous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export or currency control laws. 6. www.scbd.co.za prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually explicit advertisements. It is your responsibility, and you agree to comply with all requirements, legal or other. Additional prohibitions include the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another Email address other than your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, and the sending of unsolicited "junk" or "spam" email or advertisements to any users whose email addresses are listed on this site. Further, www.scbd.co.za prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit cards, debit cards, calling cards, user account numbers/passwords or similar financial information, and home telephone numbers or addresses of any users of this site without their express permission. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure. 7. www.scbd.co.za prohibits the following for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following: Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hatred or other language that is deeply or widely offensive. 8. www.scbd.co.za strongly opposes "spam", which floods the internet with unwanted and unsolicited email and deteriorates the performance and availability of the www.scbd.co.za service. All forms of "spam", and all activities that have the effect of facilitating "spam", are strictly prohibited. 9. www.scbd.co.za also prohibits the use of another internet service to send or post "spam" to drive visitors to your site hosted on or through www.scbd.co.za systems, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party. 10. If www.scbd.co.za , in its sole discretion, determines that a violation of the Terms of participation has occurred, www.scbd.co.za may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site. www.scbd.co.za may also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. www.scbd.co.za will cooperate with any investigation by any national, provincial or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to you. If www.scbd.co.za believes in its sole discretion that any listing may create liability for www.scbd.co.za, www.scbd.co.za may take any actions that it believes are prudent or necessary to minimise or eliminate its potential liability, including but not limited to the release of user information. In sum, www.scbd.co.za reserves the right to refuse service to anyone at any time, and to remove any listings for any reason, and without notice. 11. Disclaimer of warranties. You agree that use of the service is at user's sole risk. The service is provided on an "as is" and on an "as available" basis. www.scbd.co.za expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 12. www.scbd.co.za makes no warranty that the service will meet user's requirements, that the service will be uninterrupted, timely, secure, or error free; nor does www.scbd.co.za make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service. 13. User understands and agrees that any information or material and/or goods or services obtained through the service is done at user's own discretion and risk and that user will be solely responsible for any damage resulting from any transaction. 14. No advice or information, whether oral or written, obtained by user from www.scbd.co.za or through or from the service shall create any warranty not expressly stated herein. 15. Limitation of liability. User agrees that neither www.scbd.co.za nor any of its providers of information shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorised access to or alteration of user's transmissions or data or arising from any other matter relating to the service, including but not limited to, damages for loss of profits, use, data or other intangible, even if www.scbd.co.za has been advised of the possibility of such damages. User further agrees that www.scbd.co.za shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct, indirect, incidental, special consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that www.scbd.co.za shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. 16. You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and Publicity rights, in any existing or future media, known or unknown, over the material or user data displayed in your listings. For the purpose of this agreement, "user data" shall mean all information (if any) submitted by you, (the "user") to www.scbd.co.za with the exception of trading data, etc. "Individually identifiable user data" shall mean that subset of "user data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The user data shall be deemed to be the property of www.scbd.co.za. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way. 17. Others' information. You agree not to make use of anyone else'sinformation other than as necessary to complete any www.scbd.co.za transactions in which you are involved. 18. No agency. There is no agency, partnership, joint venture, employee employer or franchisor-franchisee relationship between www.scbd.co.za and any user of the service. 19. Notice. We may give notice of changes to these terms of participation or other matters related to www.scbd.co.za by displaying notices to users on the service. 20. This agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This agreement may only be modified, or any rights under it waived, by a written document executed by both parties. 21. These terms of participation and the relationship between user and www.scbd.co.za shall be governed by the laws of South Africa without regard to its conflict of law provisions. User and www.scbd.co.za agree to submit to the personal and exclusive jurisdiction of the courts located within the magisterial district of George, South Africa. 22. The failure of www.scbd.co.za to exercise or enforce any right or provision of these terms of participation shall not constitute a waiver of such right or provision. If any provision of these terms of participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms of participation shall remain in full force and effect. 23. User agrees that regardless of any statute, law or ordinance to the contrary, any claim or cause of action arising out of or related to use of the service or the these terms of participation must be filed within one (1) year after such claim or cause of action arose or be forever barred. 24. The section titles in these terms of participation are for convenience only and have no legal or contractual effect. Copyright policy www.scbd.co.za is a communication system provided by www.scbd.co.za. www.scbd.co.za does not, and cannot, control what content is available to you using the www.scbd.co.za system. www.scbd.co.za users decide what content to make available to others using the www.scbd.co.za system. Users are responsible for complying with all applicable national and provincial laws applicable to such content, including copyright laws. Payment terms Users agree to their payment terms as stipulated on their internet order submission form. If users don't pay their agreed fee we may cancel the advertisement, or request users to pay the full outstanding amount within 30 days of notice, interest will be charged on all outstanding fees at 18% per annum.