Terms and Conditions
Agreement between Junk Mail Print Media (Pty) Ltd with Reg. 2011/001321/07 and Junk Mail Digital Media (Pty) Ltd with Reg. 2011/001328/07, t/a AutoMart and AgriMag (herein after referred to as "The Company"); and the "User".
The Company website comprises various web pages and verticals, amongst others, AutoMart and Truck and Trailer.
This website is offered to the User on condition of the User's acceptance, without modification of the terms, conditions, and notices contained herein. The use of the Company website constitutes the User's agreement to all such terms, conditions, and notices.
The Company reserves the right to change the terms, conditions, and notices under which the Company website is offered, including but not limited to the charges associated with the use of the Company website without notice to the User. The User is responsible to view these terms and conditions each time it uses the website and online services. The User's continued use of the website and online services constitutes the User's agreement to the then current terms and conditions.
LINKS TO THIRD PARTY SITES AND SERVICES
The Company website and online services may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site.
The Company provides these links only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association between the Company and the operator of such site. Any dealings between the User and .any Linked Site in connection with a third party service, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such Linked Site or the operator of such site. The Company will not be responsible or liable for any part of any such dealings.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Company website, you warrant to the Company that you will not use the Company website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Company website in any manner which could damage, disable, overburden, or impair the Company website or interfere with any other party's use and enjoyment of the Company Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Company website.
USE OF COMMUNICATION SERVICES
The Company website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable the User to communicate with the public at large or with a group (collectively, "Communication Services").The User agrees to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees that when using a Communication Service, it will not:
- Defame, abuse, embarrass, harass, stalk, slander, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless owned by or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Communication Service that the User knows, or reasonably should know;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- Violate any applicable laws or regulations;
- Create a false identity or
- Use or attempt to use another's account, password, service or system without authorisation from the Company;
- Access or attempt to access any service or content which the User is not authorised to access.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the Company's sole discretion.
The User should always use caution when giving out any personally identifying information to any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from the User's participation in any Communication Service. Managers and hosts are not authorised Company spokespersons, and their views do not necessarily reflect those of The Company
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. The User is responsible for adhering to such limitations when and if downloading such materials.
MATERIALS PROVIDED TO THE COMPANY OR POSTED ON THE COMPANY WEBSITE
The Company does not claim ownership of the materials the User provide to The Company (including feedback and suggestions) or post, upload, input or submit to The Company website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting a Submission the User grants The Company, its affiliated companies and necessary sub-licensees permission to use the Submission in connection with the operation of it's Internet and Mobile businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the User's Submission; and to publish the User's name in connection with the User Submission.
No compensation will be paid with respect to the use of any Submission, as provided herein. The Company is under no obligation to post or use any Submission the User may provide and may remove any Submission at any time in The Company's sole discretion.
By posting, uploading, inputting, providing or submitting a Submission the User warrants and represents that all of the rights to the user's Submission as described in this section including, without limitation, all the rights necessary for the User to provide, post, upload, input or submit the Submissions is owned or otherwise controlled by the User.
The information, software, products, and services included in or available through The Company website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in The Company website at any time. Advice received via The Company website should not be relied upon for personal, medical, legal or financial decisions and the user should consult an appropriate professional for specific advice tailored to the situation. The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on The Company website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind.
The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall The Company 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 Company website, with the delay or inability to use The Company website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through The Company website, or otherwise arising out of the use of The Company website, whether based on contract, tort, negligence, strict liability or otherwise, even if The Company or any of its suppliers has been advised of the possibility of damages.
The Company reserves the right, in its sole discretion, to terminate access to the Company website and the related services or any portion thereof at any time, without notice.
This agreement constitutes the entire agreement between the parties and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company with respect to the Company website.. In the event of the invalidity of any part or portion of this agreement for any reason whatsoever, such invalidity shall not affect the validity or enforceability of any other part or provision of this agreement and such invalid part or portion shall be deemed to have been struck out of the agreement.
No waiver by the Company in respect of the User's actions or omissions with regard to any breach, failure or default in performance by the User, and no failure, refusal or neglect by the Company to exercise any right hereunder or to insist upon strict compliance with or performance of the User's obligations under this agreement, shall constitute a waiver of the provisions of this agreement and the Company may at any time require strict compliance with the provisions hereof. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Company website are: Copyright 2009 by The Company and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by and construed in accordance with the laws in force in the Republic of South Africa. SERVICE CONTACT : firstname.lastname@example.org