Terms and Conditions
Terms of Use
These terms are effective January 10th, 2014
Introduction. Welcome to http://www.thingstodowithkids, a THINGSTODOWITHKIDS PTY LTD web property, hereafter referred to as The Website. By accessing The Website you are agreeing to the following terms, which are designed to make sure that The Website works for everyone. This policy is effective January 10th, 2014.
Using The Website. As a condition of your use of The Website you agree that you will not:
• violate any laws;
• post any threatening, abusive, defamatory, obscene or indecent material;
• be false or misleading;
• infringe any third-party right;
• distribute or contain spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm The Website or the interests or property of The Website’s users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of The Website;
• copy, modify, or distribute any other person's content without their consent;
• use any robot spider, scraper or other automated means to access The Website and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses or any other contact information, without The Website’s and the individual or business in question’s express written consent;
• bypass measures used to prevent or restrict access to The Website.
You are solely responsible for all information that you submit to The Website and any consequences that may result from your post, and or listing. We reserve the right, at our discretion, to refuse or delete or take-down content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.
Abusing The Website. The Website and the The Website community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the Contact form on the “Contact Us” page.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off The Website if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off The Website or not, we do not accept any liability for monitoring The Website or for unauthorized or unlawful content on The Website or use of The Website by users. You also recognise and accept that The Website is not under any obligation to monitor any data or content which is submitted to or available on the site, and cannot be held accountable for the content posted in listings, including but not limited to the validity and correctness of data posted on the business directory or in the classifieds section of the site, or any other part of the digital property.
Global Marketplace. Some of The Website's features may display your ad on other sites that are part of the global The Website community. By using The Website, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is reported on any of our sites, or if we believe it causes problems or violates any law or policy.
Fees and Services. Using The Website is generally free for the browser, and the posting of general classifieds, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in South African Rands, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. These fees also include, but are not limited to a periodic fee charged for featuring content, general advertising outside of the general classifieds listings, and for inclusion in the business directory.
Content. The Website contains content from us, you, and other users. The Website is protected by copyright laws and international treaties. Content displayed on or via The Website is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from The Website without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in The Website. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of The Website (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
Infringement. Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on The Website by private individuals in South Africa. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by The Website.
Reporting an infringement:
In order to participate in the Notice of Infringement Program, you only need to submit a complete description of the infringement, together with proof of your legal claim to the material in question via the web form on the “Contact Us” page.
Note: This submission can only be made by the lawful owners of the intellectual property rights. "Notice of Infringement" is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties.
Liability. You agree not to hold us responsible for things other users post or do. We do not review users' postings and are not involved in the actual transactions between users. As most of the content on The Website comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of The Website, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 (one hundred) South African Rands.
Personal Information. By using The Website, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage and use of your personal information by The Website on servers located in the European Union, United States and other locations. You also agree that you are giving your voluntary and informed consent to receive marketing communications from us unless you tell us that you prefer not receive such communications.
Security. In order to ensure the security and reliable operation of the site for all users, The Website reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any of the offenses detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by The Website and its affiliates, agents and/or partners.
Resolution of disputes.
If a dispute arises between you and The Website, we strongly encourage you to first contact us directly to seek a resolution by using the web form on the “Contact Us” page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
General. These terms and the other policies posted on The Website constitute the entire agreement between The Website and you, superseding any prior agreements.
To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of the Republic of South Africa. You agree that any claim or dispute you may have against The Website must be resolved by the courts of Cape Town, South Africa, and you and The Website both agree to submit to the non-exclusive jurisdiction of Cape Town , South Africa.
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to The Website 5, Tertius Street, Amanda Glen, South Africa. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
