This site is subject to the terms and conditions set out herein. By accessing and using www.vivah.co.za (the “Website”), the User (as defined at paragraph 1) agrees to be bound by these Terms which are set out in this legal notice. If the User does not wish to be bound by these Terms, the User may not access, display, use, utilize, benefit, enjoy, download, post, copy or distribute Content obtained on the Website.
- Terms and Conditions
These Terms (“Terms”) govern your (“User”) use of Vivah South Africa (the “Provider” “We”) website located on the Website.The content on this Website is presented largely for information purposes only and nothing contained in this website is intended to be instructional or constitute advice of any kind unless otherwise expressly recorded on such Website. In the event that advice, in any manner or form, is provided (including, without limitation, advice provided during online communications) the User is cautioned to rely on such advice and the onus rests with the User to verify such advice. Further, we cannot guarantee the veracity of such advice and do not guarantee such. Should the User place reliance on any advice provided to them either by us, or any of our agents, we will not be held liable for any loss/damages (whether direct or consequential) sustained/incurred as a result of our advice. Any and all advice given by third parties on the Website is given independently of the Provided and accordingly cannot to be attributable the Provider in any manner or form.
- Updating of these Terms
From time to time, the Provider reserves the right to change, modify, amend, insert to or remove portions or the whole of these Terms. Any amendment to these Terms shall become effective when such amendments are posted on the Website. However, the Provider will notify the User of any Amendments to these terms via email or by posting a prominent notice on the Website. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance of these Terms, including any changes or updates.
3 Supplier of goods or services details
In accordance with the disclosure requirements of the Electronic Communications and Transactions Act 25 of 2005, as amended (“ECTA”) the supplier of goods or services offered for sale, hire or exchange by way of an electronic transaction, makes the following information available to consumers:
- the Provider (as defined above) , a close corporation duly registered and existing under the laws of South Africa registration number: 2011/015356/23, with place of registration is P.O.Box 32330, Kyalami, 1684, South Africa
Notwithstanding the registered address of the Provided, the Provider/Supplier will accept all legal service of any such notices at the following address: email@example.com
The object of the Supplier’s website is a community based website to serve as a trading portal for the African Continent.
5 Terms of download
5.1 Services offered through this website by Supplier are strictly on an “as is” basis.
5.2 The Suppliers does not endorse, is not responsible or liable for any User Generated Content even though it may be unlawful, harmful, harassing, libelous, delictual, privacy invading, abusive, threatening, vulgar, obscene, contain nudity or otherwise objectionable or may infringe the intellectual property or any other rights of another
Payment to the Provider shall be made via Payfast and in accordance with Payfasts’s terms and conditions (which can be found at https://www.payfast.co.za/end-user-agreement/ read with these Terms.
7 Complaints and disputes
Provider offers Users to file complaints via the “Contact us” service as found on the Website. Currently, the Supplier does not subscribe to any alternative dispute resolution code or mechanism.
8 Copyright and Intellectual Property Rights
8.1 Provider provides certain information on the Website. Content displayed at the Website is provided by Provider, its affiliates or subsidiary, or any other third party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to the Provider, its affiliates or subsidiary, or any third party owners of the rights (“Owners”), as the case may be, and the Content is protected by South African and International Intellectual Property laws.
8.2 The Providers may make any changes to the Website, the Content, or to products or services offered through the Website at any times and without notice to the User. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms, the User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
9 Limited License to General Users
9.1 Provider grants the User, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only (the “License”).
9.2 This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of Provider, which may be withheld for any and no reason.
9.3 The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of this Website or the Content for the benefit of another third party merchant / supplier. The User may not frame the Website or the Content without the express written consent of Provider, which may be withheld for any and no reason..
9.4 The Provider and the Owners and Users do/may not offer products or services to minors. In the event that the User is under the age of 18, such User may not act upon any offers on the Website, unless such User has been emancipated by a court of law.
9.5 The User warrants that they have obtained majority status.
9.5 The Owners will not post any unlawful, harmful, harassing, libelous, privacy invading, abusive, threatening, vulgar, obscene, nudity or otherwise objectionable, or posts that my may infringe the intellectual property or any other rights of another;
9.5 The Provider and the Owners, their respective affiliates and/or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole and absolute discretion without providing reasons for such actions.
9.6 Any unauthorised use terminates this license.
10 Limited License to Registered Users
10.1 Provider allows and processes the registration of certain corporate users (“Registered User”) at the Website.
10.2 Subject to these Terms, a non-exclusive, non-transferable, limited and revocable right is granted to Registered Users to access and for the purposes agreed to by the Registered User and Provider in their respective agreements.
10.3 This Website and the Content may only be:
- visited; or
- otherwise exploited,
for the specific purposes set out in this agreement.
10.4 The License shall not afforded the Registered User to collect product and/or service listings, descriptions and/or other information displayed on the Website or these Terms. Without limiting this paragraph such License does not permit any derivative use of this Website or the Content for the benefit of another merchant/supplier.
10.5 The Registered User may not frame the Website or the Content without the express written consent of Provider, which may be withheld for any and no reason and shall be exercised in the sole and absolute discretion of the Provider..
10.6 The Provider and the Owners, their affiliates and/or subsidiaries reserve the right, in their sole and absolute, discretion to refuse service, terminate accounts, remove or edit content, or cancel orders.
10.7 Any unauthorised use terminates this license.
10.8 All terms and conditions that are applicable to Users in these Terms shall apply mutatis mutandis to Registered Users.
11 Limitation of liability:
11.1 Subject to sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, the Website and all Content on the Website, are provided on an “as is” basis, and may include, without limitation, inaccuracies or typographical errors and Provider, Owners, suppliers, employees, directors partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission by them or the Registered Users who post on the website. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible on the website or via an Internet link.
11.2 Neither Provider nor any holding company, affiliate or subsidiary of Provider or Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law.
11.3 The Provider does not take responsibility for the content and/or services or products offered on third party sites or services which may be linked to this website and gives no warranty, guarantee and makes no representation in respect of such linked sites.
11.4 This website of the Suppliers also contains advertisements, advertorials and other promotional content. This may include banners, pop-up windows, buttons, links and advertising sponsorships. Unless specifically otherwise indicated, the Suppliers does not endorse any product whose services are advertised or promoted on this website nor does the Supplier make any representation or give any warranty in regard to the content, accuracy, suitability or fitness for purpose of any material, information or data contained in or linked to any advertisement on this website.
12 Privacy, access to and use of information
12.1 The Provider receives various types of information, contents and posts (“Information”) from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act Act 2 of 2000, as amended (“PAIA”) and as detailed in section 1 of the ECTA (“Personal Information”).
12.2 The Provider may electronically collect, store and use Personal Information, including names, contact details, surfing patterns, email, IP address etc.
12.3 Whenever the User is of the opinion that Provider fails to comply with section 51 of the ECTA, the User will contact the Provider by sending an email to firstname.lastname@example.org. The Provider will review the User’s representations made by email and, if within the Provider’s sole and absolute discretion advisable, take corrective action and in any event within 7 (seven) working days respond to User informing about corrective actions taken, if any.
12.4 Interception of communications. Despite such undertaking, it is possible for Internet-based communications to be intercepted.
- Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
- The Owners will not be responsible for any damages that the User or any third party may suffer, whether direct or consequential, as a result of the transmission of confidential or disclosed information that the User makes to the Owners and/or Providers through the Internet, and/or that the User expressly or implicitly authorises the Owners to make, and/or for any errors or any changes made to any transmitted information.
12.5 To ensure acquaintance with and awareness of the privacy measures and policies of the Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.
13 Privacy – casual surfing
13.1 The User may visit the Website without providing any personal information.
13.2 The User accordingly grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information.
13.3 This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc.
13.4 The Provider shall utilise this information to determine use of the Website, and to improve Content.
13.5 The Provider shall assume no obligation to protect this information, and may copy, distribute or otherwise use the information. However, the Provider shall at all times prescribe and abide to all such laws as promulgated by the National Parliament of the Government of the Republic of South Africa, from time to time, and as the case may be.
14 Privacy – unsolicited information
14.1 If the User posts unsolicited content or other information (“Information”) to the Website and does not indicate otherwise, the User grants to the Owners a non-exclusive; royalty-free; perpetual (everlasting);irrevocable (irreversible); and fully sub-licensable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
14.2 The User grants to the Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants:
- that the User owns or otherwise controls all of the rights to the Information that the User posts;
- that the Information and contents is accurate and correct; that by the supply of the Information to Provider;
- the User does not violate this Policy and does not infringe the rights of any person or entity; and
- that the User indemnifies and holds harmless the Owners and the Provider for all claims resulting from the receipt by the Provider of the Information the User supplies to it.
14.3 The Provider may monitor and edit or remove any Information, where posted to public pages. The Provider takes no responsibility, and assumes no liability for any Information posted by the User or any third party.
15 Privacy-solicited information the User gives to Provider
15.1 The Provider requires certain Personal Information necessary to process transactions if the User requires any of Provider’s products or services.
15.2 Provider receives and stores all Information, including Personal Information which the User enters on the Website or gives to Provider, in any other way. The User may choose not to provide certain Personal Information, but that may limit the services or products that the User may wish to obtain from this Provider.
15.3 Provider provides its products and services in conjunction with its affiliates and/or subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User and when entering into the specific transactions in question expressly grants in writing to the Owners and the Provider a non-exclusive; royalty-free; perpetual; irrevocable; and fully sub-licensable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
15.4 The User’s Information that is required by affiliates and subsidiaries to give effect to transactions that the User choose to enter into, is shared with those entities.
16 Privacy – promotional information
Provider aspires to provide first-class service to its customers, which requires Provider providing information to the User about new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please contact email@example.com
17 Privacy- business transfers
Provider may enter into business arrangements and its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.
18 Privacy- lawful purposes
When the Provider is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand, and will do so. Provider may also impart Personal Information if permitted or required to do so by law.
19 Privacy-surveys and statistical profiles
19.1 Provider understands that efficiency and customer care translates to good service. Provider may periodically conduct online customer care surveys to enable the updating of service standards.
19.2 When it conducts a survey, Provider must inform the User how the information gathered will be used, and provide the User with the opportunity to opt-out from such surveys.
19.3 Despite terms to the contrary, Provider may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the User, by a third party.
20 Privacy- storage
Personal Information will be stored for as long as it is used and for a period of five (5) years, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete (out of date or unusable).
21 Privacy- interception
Subject to the Regulation of Interception of Communications Act Act 70 of 2002, as amended, (“RICA”), the User hereby expressly consents that the Provider may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to the Provider, its employees, directors, agents and affiliates and/or subsidiaries. Further, the User agrees that such consent satisfies the requirements of ECTA and RIC for consent in “writing” as defined.
23 Choice of Law
23.1 This Website is controlled, operated and administered by Provider from its offices as set out below within the Republic of South Africa.
23.2 These Terms will be governed by the laws of the Republic of South Africa, and the User consents to the non-exclusive jurisdiction of the High Court of South Africa Gauteng Local Division, Johannesburg in the event of any dispute.
23.3 If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.
23.4 These Terms constitutes the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
24 Contact Details
In the event that you need to contact Provider for purposes related to these Terms and Conditions, please send an email to us to firstname.lastname@example.org