GENERAL TERMS AND CONDITIONS FOR THE ONLINE BUSINESS MEDIA WEB SITE AND DATABASE PROPRIETOR
The products and services (collectively, the "Products and Services") offered by or through the Online Business Media web site are made available subject to the following Terms and Conditions. By using the Online Business Media web site, you agree to be bound by, and to comply with, these Terms and Conditions and any further Terms & Conditions that the Proprietor may prescribe from time to time. The Proprietor reserves the right to make changes to this site and these disclaimers, terms, and conditions at any time. Please read these Terms and Conditions carefully, and should you have any legal questions please directed them to:
IMPORTANT NOTICE: BY LINKING INTO, REGISTERING, BROWSING, DOWNLOADING, SHOPPING, ACCESSING AND/OR OTHERWISE USING THE SITE FOR ANY PURPOSE WHATSOEVER, YOU AGREE TO be bound by, and to comply with, these Terms and Conditions and any further Terms & Conditions that Online Business Media may prescribe from time to time in its sole discretion. YOU ARE URGED TO REGULARLY CONSULT THIS USER AGREEMENT FOR ANY UPDATES AND CHANGES.
1. SUBMISSION OF CONTENT AND USE OF THE SITE
1.1 You agree to use the Site for lawful purposes only. Without derogating the generality of the aforegoing, if you should choose to access or use this Site from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
1.2 You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Site any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable content of any kind, including but not limited to:
1.2.1 any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
1.2.2 any content that constitutes an invasion of privacy; or
1.2.3 any content that is an infringement of any intellectual property right; or
1.2.4 any content that contains software viruses; or
1.2.5 any content that constitutes a political statement, commercial solicitation, or "Spam"
1.3 Although Online Business Media does not purport to review (nor is it under any obligation to do so) any submitted content, it reserves the right to remove any content from the Site that it deems, in its sole discretion, to be an infringement of clause 1 or harmful in anyway whatsoever. Should you breach this clause or any other clause in this User Agreement, Online Business Media may immediately terminate and/or suspend your access to all or parts of the Site, without any further notice to you.
1.4 You warrant that:
1.4.1 you own or otherwise control all rights to the content that you may submit to the Site;
1.4.2 that any use of such content will not cause injury or harm to any person or entity; and1.4.3 you will indemnify Online Business Media or its affiliates, directors, officers and employees, for all claims resulting from the submitted content.
1.5 By submitting reviews, comments and/or any other content (other than your personal details) to Online Business Media for posting on the Site, you automatically grant Online Business Media and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. Subject to this license being granted, you retain any and all rights that may exist in such content.
1.6 The following activity on or through the Site is expressly prohibited:
1.6.1 Any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Site, or the content contained therein, without the prior written authority of Online Business Media; and1.6.2 The collection or use of any product listings, descriptions, or price lists from the Site, for the benefit of a competing merchant that supplies products comparable to those offered on the Site; and 1.6.3 Any use or action that imposes an unreasonable or disproportionately large load of traffic on the Site, or otherwise interferes with its proper and timely functioning.
1.7 You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Site, and you accept full liability for all activities that occur under your User Name.
1.8 Products on the Site are not for sale to anyone under the age of 18 years, unless with the assistance and supervision of their Parent or legal Guardian.
2. THE USE OF THIRD PARTY CONTENT
2.1 Online Business Media distributes and hosts information, opinions, advice and other content supplied by third parties ("Third Party Content") on the Site. Online Business Media has no editorial control over such content.
2.2 Opinions, statements, offers or any other information that may constitute Third Party Content, is that of the respective author and/or distributor and not of Online Business Media, its affiliates or any of their directors, officers, employees or agents. Online Business Media, its affiliates, or any of their directors, officers, employees, agents, do not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content, or its merchantability or fitness for any particular purpose. All Third Party Content is provided as is.
2.3 It is your responsibility to evaluate Third Party Content available on and through the Site. Online Business Media and its affiliates, and their directors, officers and employees are not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Site. Before making any decision or placing any reliance on Third Party Content provided on or through the Site, you should consult your own professional advisors, and take all further reasonable steps to ensure and verify the accuracy of such content. This notice must be displayed in its entirety should you wish to publish any Third Party Content obtained from the Site.
2.4 Online Business Media does not review (nor is it under any obligation to do so) or control any third-party web sites that link to or from the Site. Online Business Media is not responsible for the content of any Third Party site linked to or from the Site.
3. GOODS SOLD AND DELIVERED BY MEANS OF THE SITE
3.1 The price and potential availability for each item sold on the Site, is listed on that particular item's page. If for any particular reason, an item/s is not available at the time of processing or verifying your order, Online Business Media will inform you via e-mail. Please note, an availability estimate displayed on an item page does include delivery time.
3.2 All goods are sold subject to the express Warranty and Support specified by the Original Vendor or Supplier. Online Business Media does not provide a warranty of any kind, whether expressly or implied as to the life or ware of the goods supplied, or that they will be suitable for any particular purpose or for use under any specific conditions, notwithstanding the fact that such purpose or condition may have been known to Online Business Media.
3.3 All items obtained or purchased on or through the Site, must be used in accordance with the applicable user manuals, instructions and/or licenses.
3.4 Online Business Media reserves the right in its sole discretion to decide whether goods are defective. The Original Vendor or Supplier may rectify of replace any goods, dependant on the Original Vendor's return policy. Claims must be made in writing to Online Business Media within 60 days from date of delivery. Online Business Media is not liable for any loss, damage, or expense whatsoever and howsoever arising from any defect. All sales are final after 60 days.
3.5 This Site is controlled and operated by Online Business Media from its offices within the Republic of South Africa. Online Business Media makes no representation or warranties of any kind that items obtained or purchased on or through the Site is appropriate or suitable for use in territories other than the Republic of South Africa.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 All content included on this web site, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, is the property of Online Business Media or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this web site is the exclusive property of Online Business Media and is protected by South Africa and international copyright laws.
4.2 Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Online Business Media or the copyright owner.
4.3 You are expressly prohibited to "mirror any content, contained on the Site, on any other server unless with the prior written permission of Online Business Media.
4.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Online Business Media, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Online Business Media logo or other proprietary graphic or trademark as part of the link without the express permission of Online Business Media, its affiliates or content suppliers.
4.5 All trademarks are the exclusive property of their respective owners.
4.6 The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages.
5. LIMITED LIABILITY
5.1 The information, content, services, products and materials published on the Site, including without limitation, text, graphics and links are provided on an "as is" basis. Online Business Media makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Site. Without limiting the generality of the aforegoing:
5.1.1 Online Business Media does not warrant that the site, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and 5.1.2 Whilst Online Business Media has taken reasonable measures to ensure the integrity of the Site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Site are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.
5.2 To the full extent permissible by applicable law, Online Business Media disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Online Business Media will not be liable for any damages of any kind arising from the use of Online Business Media site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
6.1.1 Online Business Media is dedicated to maintain the privacy of its online visitors and users. On this site, Online Business Media does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly.
6.2.1 Any information collected is used solely by Online Business Media and its business partners who are involved in the operation of this site for internal purposes. Online Business Media?s client lists are never sold to third parties, and we will not share personally identifiable information with third parties unless the person who has submitted the information has authorized us to do so, or if we are required to by law.
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Witwatersrand Local Division) in respect of any disputes arising in connection with this web site.
8. OTHER PROVISIONS
8.1 In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
8.2 This Online Business Media User Agreement, including all documents referenced herein, represents the entire agreement between you and Online Business Media regarding your relationship with Online Business Media and use of the Site and supersedes any prior statements or representations.
[Last updated 07/06/12]