SACONTACT Terms of Agreement
1. THE SERVICE
2. ACCEPTANCE OF TERMS AND CONDITIONS
3. SCOPE OF SERVICE
4. CONTENT RIGHTS AND OWNERSHIP
5. YOUR REGISTRATION OBLIGATIONS
6. PAYMENT TERMS
7. TERM AND TERMINATION
8. MEDIAZONE.COM'S RESERVATION OF RIGHTS
9. MODIFICATIONS TO SERVICE
10. MEMBER ACCOUNT, PASSWORD AND SECURITY
11. MEMBER CONDUCT
12. NO RESALE OF SERVICE
13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
14. DEALINGS WITH ADVERTISERS
15. LINKS
16. DISCLAIMER
17. LIMITATION OF LIABILITY
18. EXCLUSIONS AND LIMITATIONS
19. INDEMNITY
20. NOTICE
21. AMENDMENT OF TERMS
22. GENERAL INFORMATION
23. VIOLATIONS
24. PRIVACY POLICY
SACONTACT.com is owned and operated independently. It is a service through which registered SACONTACT.com users/subscribers can register their contact information on the net for a fee.
2. ACCEPTANCE OF TERMS AND CONDITIONS
SACONTACT.com through its web site www.sacontact.com ("Site"), provides its Service to you, subject to the following Terms of Use ("Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time right here. If you do not or cannot agree with any part of the following Terms, you may not use the Site or any of the services provided on the Site.
3. SCOPE OF SERVICE
You understand and agree that the Service may include certain communications such as advertisements, service announcements, other information, administrative messages, and that these communications are considered part of the Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms. You understand and agree that the Service is provided "AS IS" and that SACONTACT.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service. You agree not to access the Service by any means other than through the interface that is provided by SACONTACT.com for use in accessing the Service.
4. CONTENT RIGHTS AND OWNERSHIP
You acknowledge and agree that the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") presented to you on the Site or through the Service or contained in sponsor advertisements are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Other than for your personal and private viewing, you agree not to distribute, modify, transmit, re-use, re-post, or use the Content available on the Site for any purpose, and further agree not to modify, rent, lease, loan, sell, distribute, reverse engineer (other than to the extent permitted by law) or create derivative works based on the Content, in whole or in part, without SACONTACT.com's express written permission. Data and images of people or places displayed on the Site are either the property of SACONTACT.com, or used with permission by SACONTACT.com. The use of this data and/or images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of the data and/or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
5. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SACONTACT.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SACONTACT.com. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
6. PAYMENT TERMS
All payments will be by means of PayPal’s secure payment system, and SACONTACT accepts no liability for incorrect payment debited by PayPal. In the case of a payment query or dispute the subscriber is responsible for taking up that query or dispute directly with PayPal. All payments will be automatically and immediately charged in the then-current fee for the service. All fees are non-refundable and non-creditable. All current references are in U.S. dollars. The prices and terms of payment for SACONTACT.com subscriptions and other content transactions will be those in effect on the date on which you submitted sufficient information to complete your subscription. SACONTACT.com reserves the right to change prices for it's services at any time, and, with regard to content to which you do not have current paid access. Notwithstanding the foregoing, if we raise the price, we will give current subscribers 30 days advanced notice via e-mail of the change, and subscribers may cancel their subscription within that period to avoid being bound by the new pricing or terms. You are responsible for keeping SACONTACT.com informed of your current email address, checking your spam/bulk mail filters for important notices, for contacting us via email if you do not accept any of those changes, and for the loss or misdelivery of such notices.
7. TERM AND TERMINATION
Term and Automatic Renewal: The subscription to the Service is provided on an annual basis commencing on the date that you sign up for the Service. The subscription fee amounts to US$5.00 per annum, payable by means of PayPal. The Service will automatically be renewed on the anniversary of that sign-up date each year, unless you cancel the Service in accordance with Section 7.2 below. You can cancel your SACONTACT.com subscription at any time by contacting us and requesting cancellation of your subscription, but you will not be refunded any portion of the fee.
Termination: SACONTACT.com, expressly reserves the right to, immediately modify,
suspend or terminate your account and refuse current or future use of the Service if:
(a) your credit card or alternative payment method is invalid for any reason,
(b) you charge back to your credit card or alternative payment method the fees due under these Terms,
(c) SACONTACT.com, in its sole discretion, believes that you have engaged in manipulation of the Service,
(d) SACONTACT.com, in its sole discretion, believes you have violated or tried to violate the rights of others,
(e) SACONTACT.com, in its sole discretion, believes you have failed to provide or maintain valid, accurate, current and complete Registration Data or other information,
(f) SACONTACT.com, in its sole discretion, believes you have disclosed your SACONTACT.com password or other information, or used your account to enable access to the Service for anyone other than yourself; or
(g) SACONTACT.com, in its sole discretion, otherwise believes you have acted inconsistently with the spirit or letter of these Terms. SACONTACT may exercise its remedies immediately upon occurrence of the events listed above, without prior notice and without refund or compensation.
8. SACONTACT.COM'S RESERVATION OF RIGHTS
Without prejudice to SACONTACT.com's other rights as described in these Terms, SACONTACT.com expressly reserves the right to: a. at SACONTACT.com's option, immediately modify, suspend or terminate your account and refuse current or future use of the Service if it becomes aware of information indicating a safety concern for you, other users or the general public. SACONTACT.com may exercise these remedies immediately upon occurrence of such events, without prior notice and without refund or compensation. b. without notice, immediately terminate your account and refuse current or future use of the Service for any other reason, upon refund of the subscription fees you have paid to SACONTACT.com for the year in which SACONTACT.com exercises this option, and any fees you may have paid in respect of your future use of the Service.
9. MODIFICATIONS TO SERVICE
The Site, the Service and their benefits are offered at the sole discretion of SACONTACT.com and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice in its sole discretion. You agree that SACONTACT.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any part thereof.
10. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password upon completing the Service's registration process and account set up.
You are responsible for maintaining the confidentiality of the password, and are fully responsible
for all activities on your account that occur under your password. You agree to
(a) immediately notify SACONTACT.com of any unauthorized use of your password or account or any other breach of security, andTo the maximum extent permitted by law, SACONTACT.com will not be liable for any loss or damage arising from your failure to comply with this Section.
(b) ensure that you exit from your account at the end of each session.
11. MEMBER CONDUCT
You agree that you will not: a. interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service; or b. intentionally or unintentionally
violate any applicable local, state, national or international law, or any regulations
having the force of law, or c. intentionally or unintentionally violate the prohibitions
stipulated under article 4.
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12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service, or access to the Service.
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13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of Content from the country of export, or the country in which you reside.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SACONTACT.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SACONTACT.com has no control over such sites and resources, you acknowledge and agree that SACONTACT.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SACONTACT.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SACONTACT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
b. SACONTACT.COM MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT WITHOUT PREJUDICE TO SECTION 17 BELOW YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SACONTACT.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
17. LIMITATION OF LIABILITY
17.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT SACONTACT.COM'S LIABILITY FOR(I) THE TORT OF DECEIT,17.2 WITHOUT PREJUDICE TO SECTION 17.1, SACONTACT.COM, DOES NOT ACCEPT AND HEREBY EXCLUDES ANY LIABILITY IN NEGLIGENCE OTHER THAN SUCH LIABILITY ARISING PURSUANT TO THE TERMS OF THESE TERMS.
(II) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE (AS DEFINED IN SECTION 1 OF THE UNFAIR CONTRACT TERMS ACT 1977);
(III) ANY BREACH OF THE OBLIGATIONS IMPLIED BY SECTION 12 SALE OF GOODS ACT 1979 OR SECTION 2 SUPPLY OF GOODS AND SERVICES ACT 1982; OR
(IV) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
17.3 WITHOUT PREJUDICE TO SECTION 17.1, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SACONTACT.COM, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFIT ON CONTRACTS), REVENUE, BUSINESS, OPPORTUNITY, ANTICIPATED SAVINGS, USE OF MONEY, GOODWILL, REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SACONTACT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(i) THE USE OR THE INABILITY TO USE THE SERVICE;17.4 WITHOUT PREJUDICE TO SECTION 17.1, SACONTACT.COM AGGREGATE LIABILITY UNDER THESE TERMS SHALL IN NO EVENT EXCEED 100% OF THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU UNDER THESE TERMS.
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. INDEMNITY
You agree to indemnify and hold SACONTACT.com and any subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable costs, legal fees and expert costs, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another
20. NOTICE
Notices to you may be made via either email or post. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.
21. AMENDMENT OF TERMS
SACONTACT.com may amend these Terms at any time by posting the amended Terms on the Site. Except as otherwise provided herein, all amended terms and conditions will automatically be effective ten (10) days after they are posted on the Site. The Terms may not otherwise be amended except in writing signed by you and SACONTACT.com. If you do not or cannot agree to the amended terms and conditions, your sole option is to cease all use of the Service and access of the Site. Any use of the Service or access of the Site after the amended Terms become effective will be deemed an acceptance by you of the amended Terms.
22. GENERAL INFORMATION
The Terms constitute the entire agreement between you and SACONTACT.com and govern your use of the Service, superceding any prior agreements between you and SACONTACT.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software. The construction and validity of the Terms and the relationship between you and SACONTACT.com shall be governed by South African and Canadian law. You and SACONTACT.com agree to submit to the personal and exclusive jurisdiction of the South African or Canadian courts, save that nothing in this Section shall limit the right of SACONTACT.com to take proceedings against you in any other court of competent jurisdiction, nor should the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings by SACONTACT.com in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. The failure of SACONTACT.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
23. VIOLATIONS
Please report any violations of the Terms to us on our contact page.
24. PRIVACY POLICY
It is recognised that spam mail is one of the biggest scourges of internet use, and for this reason we shall
not display any Member's contact particulars on this web site. A Member may however when submitting or updating his
information elect whether or not his telephone number is to be displayed with the search results.
We shall not provide list(s) of names, addresses, telephone numbers and/or e-mail addresses to any third party
or other organization, except where it may be required by law.
Your
Enquirers wishing to contact you via our search facility will result in an e-mail being sent to you directly from this web, and it is your prerogative whether or not to respond to such enquiry.
Notwithstanding the above we accept no responsibility whatsoever for any misuse that is made of this web site or information by any third parties.