Welcome to our Terms and Conditions our (“terms”). By accepting these terms, you agree to act in accordance with the terms when you visit and or use any of our services at our website at XAfricaMart.com (the "site"). Our heading references are for convenience purposes only and do not affect any of the clauses in these terms that follow.
Throughout the site, when we use “we”, “us” and or “our”, we mean our company and owner of the site, BRICS Africa Business Hub (Pty) Ltd that we refer to as “BABH”.
These terms apply, without limit, to Browsers, Buyers, Sellers and/ or contributors of content, (“users”).
Any new features, services or tools which are added to the current site shall also be subject to these terms. You can review the most current version of the terms at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our website here. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Please read these terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by our terms. If you do not agree to all the terms of this agreement, then please do not access the website or use any services.
Persons under the age of eighteen (18) and persons previously suspended from using this site or any other similar site shall not be allowed use of or and access to this site.
3 REGISTRATION AND SERVICES
3.1 Upon registration, the site will issue the user with a user ID and password to access the site and services. Passwords may be auto-generated for users or chosen by users during registration. Each user is solely responsible for maintaining the confidentiality of their password for all activities that occur under the users email ID and password.
3.2 The user ID and password is unique to a single account. Users are prohibited from sharing, assigning or permitting the use of their account, user ID or password to any person/s outside of the user’s registered business. Each user acknowledges that sharing of its account with other persons will cause irreparable harm to BABH.
3.3 Each User indemnifies BABH and the site against any loss or damages, including but not limited to loss of profits, suffered because of such multiple use of an account and undertakes to notify BABH immediately of any unauthorized use of its account, User ID or password or any other breach of security.
3.4 The availability of transactional features and or functions at the site, to any user, may be conditional on verification of the user’s identity and/or its designated bank account - by the site and/or BABH or BABH approved independent third parties.
3.5 Each User agrees that BABH may incur loss and or damages arising from the user’s failure to comply with these terms.
4 GLOBAL SERVICE VARIATIONS
Benefits, features and functions available to a user may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available.
5 USE OF SITE
5.1 Users may only use this site to browse content, to upload and download files for legitimate business purposes and to make legitimate communications and purchases. Users shall not use this site for any other purposes, including and without limitation, to make any illegal, speculative, false or fraudulent communications, offers or purchases.
5.2 This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
5.3 Without limiting the foregoing, you agree that you will not use the XAfricaMart Site to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
5.3.1 Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; Infringes any patent, trademark, copyright or other proprietary rights; contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment;
5.3.2 Is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
5.3.3 Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
5.3.4 Violates any law for the time being in force;
5.3.5 Belongs to another person to which you do not have any right to
5.3.6 Interferes with or disrupt XAfricaMart’s websites, servers, or networks;
5.3.7 Impersonates any other person;
5.3.8 Harms minors in any way;
5.3.9 Forges headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites;
5.3.10 Engages in any illegal activities;
5.3.11 Threatens the unity, integrity, defense, security or sovereignty of South Africa, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.
6 SELLER SERVICES AND OPERATIONS
6.1 Site Services
6.1.1 We provide the site as a Marketplace together with added value services. Sellers can register to use the site and once their application is approved, proceed to create a business profile and commerce-enabled product advertisements on the site.
6.1.2 A Seller’s default services and benefits include:
* Tools to create and display product advertisements on the site
* Business matchmaking
* Automated orders and invoices and management tools
* Sales and financial reporting
* Integrated delivery services to Buyers.
6.1.3 Any sale resulting from the default services are subject to the prevailing transaction fee that is deductible by TradeSafe from the VAT exclusive sale price displayed.
6.1.4 Premium Services
18.104.22.168 Sellers can subscribe to receive online advertising exposure and other premium service benefits by upgrading their Subscription on the site.
22.214.171.124 Subscribers can also purchase Product Promotion “Nudges”. A Nudge instructs XAfricaMart to promote the Seller’s product link via email to a consenting Buyer.
126.96.36.199 Services are charged for at displayed prices that may be amended from time to time at BABH’s sole discretion.
6.2.1 A browser can search, assess and compare products and is required to register as a user to purchase any product.
6.2.2 A transaction from any XAfricaMart product advertisement is a contract of sale between the Seller and the Buyer. BABH is not liable for the existence, quality, safety or legality of items displayed; the accuracy of third party content or listings; or the Seller’s ability to sell items.
6.2.3 When a Buyer purchases a product on the site, XAfricaMart raises an order for the Buyer and sends the order to the Seller for acceptance.
6.2.4 The Seller may either accept or decline the order. If the Seller declines the order, the Buyer is advised. If the Seller accepts the order, XAfricaMart raises an invoice, populated with the Seller’s details, against the order and the Seller sends this to the Buyer.
6.2.5 The Buyer makes payment to the TradeSafe escrow account for the order
6.2.6 The Seller is then required to deliver the merchandise; or, to prepare the order for collection by a carrier service for delivery to the Buyer.
6.2.7 The Buyer takes delivery and has two working days to inspect the merchandise for suitability.
6.2.8 The Buyer then accepts release of payment to the Seller which instructs TradeSafe to make payment directly to the Seller’s bank account.
7 USER / BUYER SERVICES AND OPERATIONS
7.1 Site Services
7.1.1 Browsers can search and compare product pricing, shipping and other information. In order to purchase any product, a Browser is required to register as a Buyer.
7.1.2 Every purchase made by a Buyer is a contract directly between the Buyer and the Seller whose advertisement the Buyer responded to. BABH is not liable for the existence, quality, safety or legality of a Seller’s items displayed; the accuracy of third party content or listings; or the ability of Sellers to sell items.
7.1.3 In using the Site, Buyers explicitly agree and acknowledge that XAfricaMart makes available a variety of branded products and services offered by multiple Sellers and Subscribers and that any purchase of any product is subject to the Terms of Purchase, any such additional terms of sale, if any, as may be specified by the Seller and, or agreed to by the Seller and the Buyer and the TradeSafe Terms and Conditions.
7.2 Terms of Purchase
7.2.1 XAfricaMart is not a warrantor of the products/ services being offered on the Site by various Sellers. Buyers understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed by the Buyer and the Seller and or with and between the Seller and the manufacturer or representative agent or service provider as may be the case. All Products are governed by the terms of warranties provided by the respective Seller manufacturer and or brand or product owner. However, if any product is covered under the Seller warranty, it shall be specifically mentioned under the product details. Buyers acknowledge that XAfricaMart gives no guarantee, either express or implied, regarding any product bought by you on the Site.
7.2.2 The price of any product offered by any Seller /Subscriber on the Site includes Value Added Tax at the ruling rate.
7.2.3 The Site may notify a Buyer of a free product delivery. Any free delivery offer on the site is an offer by the Seller and does not constitute an offer of free delivery by XAfricaMart.
7.2.4 XAfricaMart may at its discretion offer marketing promotion benefits by way of gift coupons, free gifts etc. on all or some of the products from time to time.
7.2.5 The Website makes available general third party information such as, product catalogues, lists of authorized dealers and reports on technology and features, advertisements, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to Buyers on email received from XAfricaMart. The provision of Third Party Content is for general informational purposes only. Buyers acknowledge that the Third Party Content is obtained from sources believed to be reliable. XAfricaMart does not provide any guarantee with respect to any the Third Party Content and XAfricaMart shall not be held liable for any loss suffered by you based on your reliance on or use of such data.
7.3 Communications Policy
7.3.1 We are committed to providing the Buyer with a rewarding and stress-free shopping service. Other services include:
188.8.131.52 Option to receive email with links to recommended products – based on provided category purchase interests.
184.108.40.206 Option to receive other offers, discounts and relevant information.
220.127.116.11.1 Buyers who do not wish to receive such information have the explicitly opportunity to decline these services at our site.
7.4.1 XAfricaMart may provide notices and communications by email, regular mail or postings on the Site or by any other reasonable means.
7.5 Your Obligations as a Buyer
7.5.1 You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of XAfricaMart Wallet. In case the Password is lost or misplaced, you shall promptly inform XAfricaMart by calling at the Buyer care numbers where after the Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/ SIM card associated with your XAfricaMart Wallet is lost/stolen/misplaced/ no longer in your control, you shall promptly inform XAfricaMart. XAfricaMart will upon receipt of such information block the relevant account.
7.5.2 You are solely responsibly to update any change in your delivery address
7.5.3 You acknowledge and understand that XAfricaMart account is linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the Services.
7.6 Additional Terms
7.6.1 When you purchase goods, or any services from a Seller through any of XAfricaMart’s Services, you understand and agree that, XAfricaMart is not a party to the contract between you and the Seller. XAfricaMart does not endorse any advertiser or Seller linked to its website. Furthermore, XAfricaMart is under no obligation to monitor the Seller service used by you; the Seller alone is and will be responsible for obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Seller Establishment must be directly resolved by the Buyer with the Seller It is clarified that XAfricaMart shall not be responsible or liable for any deficiency in goods and/or services. This exclusion of liability shall apply even for goods and/or services made available by XAfricaMart under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same whereby:
Any amount transferred erroneously by the Buyer to any Seller shall not be refunded to the Buyer by XAfricaMart in any circumstances.
7.6.2 Any web-link on the XAfricaMart Site to a third party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.
7.6.3 In the event of any dispute, TradeSafe records shall be binding as the conclusive evidence of the Transactions carried out through use of XAfricaMart.
7.7 Product Acceptance
7.7.1 Before accepting delivery of any product, you are responsible to ensure that the product’s packaging is not damaged or tampered with. If you observe that the package is damaged or has been tampered with, we request that you immediately enter into Dispute with the Seller.
7.7.2 In order to return any products sold through the Website, you are required to comply with the below mentioned conditions:
18.104.22.168 Please notify the Seller of receipt of a damaged/ defective product/service within 48-hours of delivery to you. If you are unable to do so within 48-hours, the Seller/manufacturer shall not be held liable for the failure to replace the order;
22.214.171.124 Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
126.96.36.199 It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
7.8.1 There may be certain orders that Sellers are unwilling or unable to accept and or service and these may need to be refused or cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non-availability of the delivery service to the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Seller partners, or problems identified by XAfricaMart’s credit and fraud avoidance department. XAfricaMart may also require additional verifications or information before accepting any order. XAfricaMart will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card or bank account has been charged, the said amount will remain in your e-Wallet reflected as purchase credits. A promo code, once used shall not be refunded in case of the cancellation of order either by Buyer or XAfricaMart.
7.8.2 Cancellation by User
188.8.131.52 In case of requests for order cancellations, The Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if XAfricaMart receives a cancellation notice and the order has not been accepted by the Seller, XAfricaMart shall cancel the order and refund the entire amount to you instantly. XAfricaMart will not be able to cancel orders that have already been accepted and processed. XAfricaMart has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by XAfricaMart and accept XAfricaMart’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped, any refund is subject to the sites “Dispute Resolution” process on the Site where you are encouraged to resolve the dispute with the Seller.
184.108.40.206 AfricaMart reserves the right to cancel any orders that classify as ‘Questionable Orders’ as determined by XAfricaMart as per certain criteria. Any XAfricaMart Promotional Coupon Code used for placing a ‘Questionable Order’ will not be refunded as per this cancellation policy. An order can be classified as a ‘Questionable Order’ if it meets with the below mentioned criteria, which may not be exhaustive;
220.127.116.11.1 Invalid address given in order details
18.104.22.168.2 Any malpractice used to place the order
7.9 Delivery of Merchandise
7.10 Multiple Orders
If you purchase multiple products in single transaction from the same Seller, then all the Products will be dispatched to a single shipping address given by you. If you wish to ship Products to different addresses, then you should book the orders separately based on the delivery addresses.
XAfricaMart reserves the right to charge and recover from the User, any applicable fees for use of the Services. These charges shall be effective from the time they are posted on to the XAfricaMart Website. You are bound by such revisions and should therefore visit the XAfricaMart Website to review the current fees from time to time. In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, XAfricaMart shall be entitled to charge and recover from you and you shall be liable to pay such charges for the Service as may be decided by XAfricaMart. These charges shall be charged to your e Wallet or in any other manner as may be decided by us.
7.12 Site Variation
Specific features of the Site may differ. These can include:
The number of products that Sellers make available at the Service can differ
The modes/devices over which the Service can be accessed can differ
The Prices can differ
Discounts can differ and
Delivery fees can differ
Specific details related to these aspects are available at the Seller and Buyer Portal and at Check Out.
7.13 Coupon Redemption
Coupon redemption is subject to the Seller’s standard and specified terms and conditions.
Coupons are issued on behalf of the respective Seller and any damages, injuries, losses incurred by the end user by using the coupon is not the responsibility of XAfricaMart.
8 LIMITATION OF LIABILITY AND DAMAGES
In no event will XAfricaMart or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if XAfricaMart or a XAfricaMart authorized representative has been advised of the possibility of such damages. In no event will XAfricaMart or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with XAfricaMart, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or ZAR One Hundred (ZAR.100), whichever is less. You acknowledge and agree that XAfricaMart has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and XAfricaMart, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and XAfricaMart. XAfricaMart would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, XAfricaMart’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
9 OWNERSHIP AND PROPRIETARY RIGHTS
The XAfricaMart site and services are owned and operated by the BRICS Africa Business Hub (Pty) Ltd and/or our third party licensors. The visual interfaces, graphics, design, compilation, information, source code and object code, products, software, services, and all other elements of the Site and its Services, provided by XAfricaMart, are protected by South African copyright and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
All logos, trademarks, service marks, and trade names; (“Material”) contained on the Site are the property of XAfricaMart and or of a Seller Subscriber, registered User, Supporter, Sponsor, Associate, Media Partner and or Advertiser, collectively, (“Third Party”). You agree not to remove, obscure, or alter any XAfricaMart or any Third Party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by XAfricaMart, and you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Material.
From time to time and at our sole discretion, we may add or modify, or suspend our services for scheduled or unscheduled maintenance purposes. We can also suspend our site or terminate all or any free benefits, at any time in our sole discretion.
We reserve the right to charge for our services, including advertising features or promotions on our site at any time. You confirm that we won’t be liable to you or any third party for any modification of the site and that;
We can change these terms from time to time and your continued use of the site or any part of it, following such change, is that you accept such. You agree that it is your responsibility to check regularly and to determine whether the terms have been changed. If you do not agree to any change to the terms, then you must immediately stop using the site.
We will use our reasonable endeavors to maintain the site. You will not be eligible for any compensation because you cannot use any part of the site or because of a failure, suspension or withdrawal of all or part of the site due to circumstances beyond our control.
Misrepresent themselves or impersonate any other person or entity; or be part of any scheme to defraud any other user or subscriber of this site;
infringe or encourage the infringement or violation of our copyrights, patents, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;
violate any applicable law, statute, ordinance or regulation; including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;
display information that is defamatory, libelous, unlawfully threatening or unlawfully harassing; obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
display any material that constitutes unauthorized advertising or harassment; including but not limited to spamming, invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
attempt to copy, reproduce, exploit or expropriate the Sites various proprietary directories, databases and listings;
participate in any scheme to undermine the integrity of the computer systems or networks used by the site and/or any user of the site e and no person shall attempt to gain unauthorized access to such computer systems or networks;
link directly or indirectly to or include descriptions of merchandise or services or other materials that violate any law or regulation or that is prohibited under this agreement and or terms or otherwise create any liability for the site or its affiliates.
11 TERMINATION AND AGREEMENT VIOLATIONS
XAfricaMart, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate a user’s account (or any part thereof) or use of the Services and remove and discard all or any part of the user’s account, user profile, or recipient profile, at any time. XAfricaMart may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that XAfricaMart will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies XAfricaMart may have at law or in equity. Upon termination for any reason, users are immediately prohibited from using the Services.
12 DATA INTEGRITY
While the Site makes no warranties with regard to the accuracy, completeness of any information, BABH does take reasonable steps to ensure that data is reliable, accurate, complete and current and that personal information is relevant for the purposes for which it is to be used.
13 COOKIE/TRACKING TECHNOLOGY
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
14 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
15 CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
By registering to use the Site, below, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address/mobile number that as per our records, or when We post the electronic communication on the XAfricaMart Site. The requirements for such electronic transactions and communications are as follows: you must have access to the Internet, web applications and a valid e-mail address. You can withdraw your consent at any time by contacting us, but we reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.
16 DISCLOSURE OF OUTLET COUNTRY AT TIME OF PAYMENT
South Africa – First National Bank
17 PAYMENT OPTIONS AND PRICING
All Seller upgrade transactions are processed in South African Rand (ZAR) through Sage Pay (Pty) Ltd - a sub-division of The Sage Group. Visit www.sage.com. Payment options include credit card, iPay, Bank EFT, Instant EFT, Retail and MasterPass. BABH endeavors to offer you competitive prices on our products; your total order price will include the price of the purchase plus any applicable sales tax. BABH reserves the right to change pricing at any time without prior notice.
18 SECURITY POLICY
Sage Pay (Pty) Ltd processes all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by DigiCert, ensuring the cardholder and Seller that nobody can impersonate Sage Pay to obtain confidential information.
All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions and Sage Pay Internet servers are protected by firewalls and intrusion detection systems.
We have the right, but not the obligation, to monitor any activity and content associated with the Site. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate that may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any content from the Site.
20 GOVERNING LAW AND FORUM FOR DISPUTES
These Terms and Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction. You agree that any claim or dispute you may have against XAfricaMart must be resolved by a court located in Johannesburg, South Africa. You agree to submit to the jurisdiction of the courts located within Johannesburg, South Africa for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of South Africa, without giving effect to any principles of conflicts of law.
21 UPDATING THESE TERMS AND CONDITIONS
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Site. It is the User's obligation to periodically check these Terms and Conditions at the Site for changes or updates. The User's continued use of this Site following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
22 INTELLECTUAL PROPERTY
All designs and trademarks registered to Sellers, Advertisers and Site Users are expressly reserved and protected. XAfricaMart and our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the Site, the Platform and the Usage Data . You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, or any of the designs, trademarks or IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the site to create a competing product. XAfricaMart is owned by BRICS Africa Business Hub (Pty) Ltd. Unauthorized use is strictly prohibited and should you be found to be in violation of this Agreement you understand that you will be held liable for all legal costs incurred by BABH for any civil or any other legal action deemed necessary. All rights are expressly reserved to XAfricaMart.
BRICS Africa Business Hub (Pty) Ltd
Physical address: 134 River Road, Kyalami, Johannesburg
Postal address: P O Box 69545, Bryanston 2021
Phone number Tel: +27 (0) 11 2670535
Fax number Fax: +27 (0) 86 510 0062
A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002
© XAfricaMart 2016 | Terms & Conditions of Use
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
You agree to indemnify, save, and hold XAfricaMart, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. XAfricaMart reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify XAfricaMart, including rights to settle, and you agree to cooperate with XAfricaMart’s defense and settlement of these claims. XAfricaMart will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
26 LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER BRICS AFRICA BUSINESS HUB, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO ZAR ONE HUNDRED (ZAR 100).
27 MODIFICATION OF THIS AGREEMENT
XAfricaMart reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, XAfricaMart may be required under applicable law to give you advance notice, and XAfricaMart will comply with such requirements.
The Parties are independent contractors and nothing in these Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership. These Terms constitute the entire agreement between you and us regarding its subject matter and supersede all prior agreements between the parties, whether written or oral, with respect to that subject matter. Should any provision of these Terms be deemed unenforceable or invalid, the other provisions of these Terms shall remain in full force and effect. You cannot assign the Terms or delegate your obligations under these Terms without the express written consent of XAfricaMart. The prevailing party in any action relating to these Terms shall be entitled to recover its reasonable legal fees, costs and disbursements incurred in connection therewith from the non- prevailing party.
XAfricaMart reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact Buyer service. Please note that by doing so, you hereby irrevocably assign to XAfricaMart, and shall assign to XAfricaMart, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
29 ENTIRE AGREEMENT
This is the entire agreement between you and XAfricaMart relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by XAfricaMart in accordance with the terms of this Agreement.
30 CHOICE OF LAW
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the High Court Of South Africa, Gauteng Local Division, Johannesburg in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
USERS AGREE THAT WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND OR PRODUCTS OR SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NONINFRINGEMENT, SELLERABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. We provide the Site, the Platform/Network and any other technology and services on the Site on an “as is”, “where is”, “with all faults” basis. We do not warrant that the Site or the Platform any products and services shown or described on the Site, or other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.
BY AGREEING TO THE ABOVE TERMS AND CONDITIONS USERS EXPRESSLY AND IMPLIDLY ACKNOWLEDGE THAT THE TERMS AND CONDITIONS AND USE OF THIS SITE IS UNDERSTOOD AND SHALL BE RESPECTED AND ADHERED TO AS DIRECTED.
A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002
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