LINKSOUTHAFRICA LIMITED
TERMS & CONDITIONS FOR ADVERTISERS AND USERS
OF THE
LINKSOUTHAFRICA WEBSITE
1. General Terms & Conditions for Advertisers & Users
1.1. Acceptance of Terms & Conditions
These Terms & Conditions govern the basis upon which LinkSouthAfrica offers you the opportunity to advertise on or otherwise use the LinkSouthAfrica Website (including the ShopLink online shopping facility) whose domain name is www.linksouthafrica.com
By placing any form of Advertisement or Content of any description in any of the LinkSouthAfrica Website directories, or on any LinkSouthAfrica webpage, or by using the ShopLink online shopping facility as either a buyer or a seller, you are deemed to have accepted these Terms & Conditions in totality and without reservation.
1.2. Amendment of Terms & Conditions
LinkSouthAfrica may amend these Terms & Conditions from time to time in whole or in part without specifically giving any notice of any kind or soliciting agreement from any third party to such amendments. Amended Terms & Conditions will be effective immediately upon posting them on the LinkSouthAfrica Website.
1.3. Definitions
In these Terms & Conditions, the following expressions have the following meanings:
ADVERTISEMENT means any solicitation, notice, text, graphic image, or any other form of audio or visual media, in any format or file-type that offers any form of product or service to, whether for valuable consideration or not, or initiates any form of communication or inter-action with any other company, business, person or segment of the LinkSouthAfrica subscriber database or the public at large.
ADVERTISER means any company, business or person who advertises in any LinkSouthAfrica Website Directory or on any LinkSouthAfrica webpage or in the ShopLink online shop, whether having paid to do so or not. In context, these Terms & Conditions may also refer to an Advertiser as YOU or YOUR.
CONTENT means any Advertisement, article, press release, blog, statement, text, graphic image, or any other form of audio or visual media, in any format or file-type that is published or otherwise made visible on the LinkSouthAfrica Website for whatever reason, with or without the knowledge or consent of LinkSouthAfrica.
DIRECTORY means any or all of the directories which form part of the LinkSouthAfrica Website including but not limited to the business directory, social directory, jobs directory and the ShopLink online shopping facility. LinkSouthAfrica reserves the right to add or delete directories, or change the name, format or functionality of directories at its sole discretion and without having to solicit any form of agreement with or from any third party either prior to or after making any changes.
LINKSOUTHAFRICA means the company LinkSouthAfrica Limited incorporated in the Republic of Seychelles. In context, these Terms & Conditions may also refer to LinkSouthAfrica as THE COMPANY, US, WE, or OUR.
MEMBER means a User who has either completed the Registration process on the Website or who has joined any LinkSouthAfrica group or page or other presence on any other Social Media networking website. In context, these Terms & Conditions may also refer to a Member as YOU or YOUR.
PRODUCTS & SERVICES means any one or more of the products and services offered from time to time by LinkSouthAfrica to any Advertisers or Users, including the ShopLink online shopping facility, whether in the capacity of principal or agent or buyer or seller, including availability of the Website, any of its functionalities, and provision of advertising space.
PRIVACY is the right of any Member to protection of any personal information or identity that has been divulge by them on the Website, which protection is offered by LinkSouthAfrica on a best endeavors basis but without any liability for any breaches irrespective of their cause or effect.
REGISTRATION means completion by a User of the automated free service offered on the Website by LinkSouthAfrica who retains the exclusive right to terminate the registration, and therefore the membership, of any Member for any reason in its sole discretion without warning or explanation.
TERMS & CONDITIONS means the specific sections, paragraphs, words and intentions, both expressed and implied, that are contained in this document and published on the LinkSouthAfrica Website.
USER means any company, business or person, whether registered as a Member or not, who avails themselves of any Advertisement in any LinkSouthAfrica Website Directory, or makes use of any Content on any LinkSouthAfrica webpage, or makes use of the ShopLink online shopping facility as either a buyer or a seller, whether to purchase or make enquiries into any advertised product or service or to contact any Advertiser or communicate with any publisher of any Content for whatever reason. In context, these Terms & Conditions may also refer to a User as YOU or YOUR.
WEBSITE means the website situated at www.linksouthafrica.com
1.4. Your sole responsibility
You are solely responsible for ensuring that you are familiar with the current Terms & Conditions and your use of the LinkSouthAfrica Website, Advertisements, Content, Products or Services represents your acknowledged and unqualified agreement to be bound by the Terms & Conditions without reservation.
You are solely, morally and legally responsible for the legality, safety, accuracy, honesty or fitness for purpose of any Advertisement, Content, Product or Service you place on our Website. You should not include any information in your Advertisements or other Content that is contrary to law, morality or public policy, or that is untrue, misrepresentative, misleading or fraudulent or dangerous to others in any way.
You are responsible for protecting the confidentiality and usage of your Website log-in details, including your password.
You make contact with other Advertisers or Users of our Website entirely at your own risk and you alone are legally and morally responsible for your interactions with all other parties, including our company. You specifically acknowledge and agree that LinkSouthAfrica has no responsibility or liability, legal or otherwise, for any actions of whatever description occurring between you and any other party. You specifically acknowledge and agree that we are not responsible for ensuring compliance with these Terms & Conditions by any other party.
You specifically acknowledge that in relation to your use of the ShopLink online shopping facility you are entirely responsible for the efficacy of any and all transactions between you and any other buyer or seller, and explicitly indemnify LinkSouthAfrica from any and all responsibilities including but not limited to settlement, delivery, refunds, or misrepresentative, false or inadequate advertising. In this regard, you are solely responsible for your own due diligence and neither you nor any third party has any recourse whatsoever against LinkSouthAfrica.
In your utilization of the ShopLink online shop as either a buyer or seller, if you make use of the functionality of any third party transactional service provider such as PayPal or any other company, you are solely responsible for ensuring your knowledge of and compliance with their terms and conditions as advertised from time to time on their websites and you specifically acknowledge that LinkSouthAfrica has no responsibilities to you or anybody else in this regard.
1.5. Your warranties to us
By registering as a Member or by placing an Advertisement or any other form of Content on our Website, including goods or services for purchase or sale through the ShopLink online shopping facility, you warrant that:
• you have the capacity to form a legally binding contract either in your own name or in the name of the company, business or organization you purport to represent
• you accept all LinkSouthAfrica Terms & Conditions without reservation
• you accept that if you have purchased advertising space on our Website you are legally bound to pay for it in the currency stipulated on the Website unless specifically relieved from this obligation by LinkSouthAfrica in part or in whole
• you accept all prices prevailing at the time of purchase of your Advertisement
• the Products & Services you are advertising are legal, ethical, harmless, and fit for purpose and you have the right to sell them, and you have the right to transfer ownership to and receive payment from any purchaser
• you accept that if you purchase any item offered for sale by any other Advertiser through the ShopLink online shopping facility, you are liable to pay that Advertiser and settle the transaction in order for ownership of the item to pass to yourself
• you accept that you are responsible for protecting the confidentiality of your Website log-in details including your password.
1.6. Our right to suspend or terminate your membership of LinkSouthAfrica or to remove your Advertisements or Content
Without limiting any other remedies available to us, we reserve the exclusive right to suspend or terminate your membership of LinkSouthAfrica and / or remove any of your Advertisements or Content, including any items advertised in the ShopLink online shopping facility, at our sole discretion without any warning or explanation and without any liability to refund any monies paid by you or to justify our actions in any way. We also reserve the right of prosecution and the right to report violations to competent authorities in any circumstances justifying such action.
2. Advertising Rates & Refunds
2.1. LinkSouthAfrica offers a paid advertising service. Advertising rates, and Commission rates or other charges for the ShopLink online shopping facility, will be published on the Website in US dollars only. Any rates can be changed at any time by LinkSouthAfrica without prior warning. The rates published on the Website at any time are considered to be the prevailing rates for the purpose of concluding a contract of purchase and sale between us and you. At the time of placing an Advertisement or placing items for sale in the ShopLink online shop you specifically agree to pay the prevailing rates. The default method of payment is by way of a valid credit card and you undertake to supply LinkSouthAfrica with valid credit card details for as long as you are making use of any LinkSouthAfrica products or services. At its sole discretion, LinkSouthAfrica can offer payment terms by way of invoice but has no obligation to do so.
2.2. Once purchased, LinkSouthAfrica will endeavor to publish your Advertisement or display your items for sale in the ShopLink online shop on the Website as soon as possible.
2.3. Once you have placed an Advertisement or displayed items for sale in the ShopLink online shop, LinkSouthAfrica has no obligation or liability whatsoever to refund any amounts paid by you, in whole or in part, if you decide, or if we decide, to suspend, discontinue or remove your Advertisement or sales items for whatever reason.
3. Your obligations as an Advertiser or ShopLink vendor
3.1. You undertake to provide all details required by LinkSouthAfrica to conclude your publication of Advertisement or your listing of items for sale with us. This includes providing us with your full names, physical and postal addresses, email addresses, contact telephone numbers, valid credit card details and any other information or identification we may require related to you, your company, your Products, or your Services.
3.2. You warrant that any information contained in any Advertisement that you place with us, including in relation to items for sale through the ShopLink online shopping facility, is true, correct and complete and contains no misinformation or misrepresentations of any kind at the time of publication and that you have personally verified this to be the case.
3.3. You accept without reservation that you are solely responsible for the Content of your Advertisements appearing on our Website (including hyperlinks to your own or any other website) and that the placement of any Advertisements on our Website does not constitute our recommendation or endorsement of any advertised product or service. You accept sole responsibility for any representations made in your Advertisements whether express or implied.
3.4. You agree to comply with all applicable laws when using any of our Products & Services and our Website in general and when dealing with any other Advertiser or User.
3.5. You will only interface with our Website manually and through a web browser and you are not permitted to programmatically or otherwise automatically interface with our Website in any way. This includes “spidering” or interfacing in any way for the purpose of harvesting any form of data or information from our Website.
3.6. Your Advertisements or items offered for sale through the ShopLink online shopping facility will not contain any words or references that are obscene, abusive, defamatory, threatening, harassing, illegal or objectionable. This includes wording, phrases, messages, terminology, images or any other form of information that can be entered on our Website. We will be the sole judge and adjudicator of what is considered to be a breach of this obligation. We reserve the right to refer any such material to the relevant authorities in cases of breach or suspected breach of this obligation.
4. Your obligations as a User
4.1. You are solely responsible for ensuring the authenticity and accuracy of any Advertisement or Content on our Website and for ensuring the credentials of any Advertiser or other User. You are similarly responsible for ensuring that any product or service you purchase from any Advertiser on our Website is legal, ethical, harmless, and fit-for- purpose, and whose ownership can legally be transferred to you.
4.2. You are solely responsible for exercising due diligence in all actions and activities conducted between you and any Advertiser or User and you specifically acknowledge and agree that we have no liability to you whatsoever for any loss or damage you may suffer as a result of transacting with any Advertiser or User.
4.3. If you purchase any goods or services from any Advertiser through the ShopLink online shopping facility, and in the course of any such transactions, you make use of the online payment facilities offered by PayPal or any other financial transaction service provider, you specifically warrant that you are familiar with and unconditionally accept the terms and conditions of PayPal or any other service provider as published from time to time on their websites and you specifically indemnify and hold harmless LinkSouthAfrica from any responsibilities in this regard.
5. Limitation of LinkSouthAfrica’s Liability - General
5.1. LinkSouthAfrica expressly states, and you expressly understand and agree that we shall not be liable under any circumstances for any direct, indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, lost sales, goodwill, use of data, or other tangible or intangible losses that you may suffer or claim to have suffered as a result of using our Products or Services or the inability to use our Products or Services for whatever reason.
5.2. We shall not be liable for any costs incurred by you in the procurement of substitutionary Products or Services to those provided by us.
5.3. We shall not be liable in any way for the conduct or statements of Users or other third parties in relation to your Advertisements or Products or Services.
6. Limitation of LinkSouthAfrica’s Liability – ShopLink
6.1. ShopLink is simply a utility provided by LinkSouthAfrica to introduce Users who want to buy or sell items. LinkSouthAfrica does not take part or play any role in the purchase and sale of items other than by providing its Website as a venue and payment system for users. If any item is bought by a User or customer, a contract of purchase and sale will be formed directly between the buyer and the seller. We do not act as agent for either party and do not participate in any sale or transaction between buyers and sellers. We offer a credit card payment service and we simply pass on payments made by one User to another, taking a service fee of 5% of the sales amount and depositing 95% of the sales amount into the seller’s bank account.
6.2. Transactions and all other contacts between you and any other Users are conducted entirely at your own risk and you specifically agree that LinkSouthAfrica has no responsibility or liability for any misconduct of any of its Users including, without limitation, Users who have registered under false pretences or who attempt to defraud you. LinkSouthAfrica gives or makes no undertakings, representations, or warranties, either express or implied, in relation to items sold or listed on its Website, or any services advertised, offered, made available or sold through the Website, including:
a. About ownership of any item
b. As to the content, safety, description, worthiness, quality, condition or legality of the items or services that are listed on the Website
c. As to the accuracy or truth of listings
d. That any item or service will meet your requirements or expectations
e. About the ability of Users to complete the transaction, including credit card transactions
6.3 While LinkSouthAfrica may facilitate payment for items by credit card, LinkSouthAfrica is in no other way involved in the transaction itself, and responsibility for any refund rests solely with the seller. LinkSouthAfrica takes a 5% service fee off all transactions and this amount is NOT refundable at all to either the buyer or seller, this amount constitutes the service fee paid by the seller to LinkSouthAfrica for advertising and selling their item on our website and utilizing our ecommerce capabilities. It is the seller’s responsibility to make their own terms and conditions clear to their own customers.
6.4 The ShopLink facility on the LinkSouthAfrica website utilises the functionality of the PayPal credit card payment system and is aligned to PayPal’s policies and terms of usage. By making use of our Website and accepting our Terms & Conditions, you explicitly confirm and agree that you also meet PayPal’s policies, terms and conditions (eg in relation to the sale of illegal products).
6.5 Sellers of items or services through our ShopLink facility specifically agree that refunds or charge-backs in relation to any sale are their sole responsibility and that LinkSouthAfrica is fully indemnified and has no responsibility or liability whatsoever in this regard.
6.6 Buyers of items or services through our ShopLink facility specifically agree that refunds or charge-backs in relation to any purchase are the sole responsibility of the seller and that LinkSouthAfrica is fully indemnified and has no responsibility or liability whatsoever in this regard.
6.7 While LinkSouthAfrica, together with PayPal, has systems in place to reduce the risk of credit card fraud, LinkSouthAfrica is not responsible for protecting Users from credit card fraud. LinkSouthAfrica’s and PayPal’s fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
7. Disclaimer
7.1. You expressly understand and agree that:
• Your use of the LinkSouthAfrica Website and our Products & Services, including the ShopLink online shopping facility, is entirely and exclusively at your own risk. The Website and our services are provided on an “as is” and “as available” basis.
• LinkSouthAfrica disclaims to the maximum extent permitted by law all warranties, express or implied, contained in any of your Advertisements, Content, reference materials or items offered for sale including but not limited to warranties of legality, harmlessness, merchantability, fitness for purpose, and non-infringement.
• LinkSouthAfrica makes no warranty whatsoever that our Products & Services will be provided uninterrupted, timeously, securely or error-free or will meet your requirements. We offer our Products & Services in good faith and availing yourself of any of our Products & Services constitutes your express confirmation that you have fully familiarized yourself with them and have deemed them acceptable and suitable for your purposes.
• No advice, notice, or other information obtained by you from LinkSouthAfrica, via the Website or otherwise, shall create any form of express or implied warranty not specifically stated in these Terms & Conditions.
• LinkSouthAfrica has no responsibilities whatsoever in relation to the payment, settlement, delivery, transfer of ownership, fitness for purpose, condition, or accuracy of advertising of any item purchased or sold through the ShopLink online shopping facility, or in relation to the use of third party transactional service providers such as PayPal.
• Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute LinkSouthAfrica’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
8. Indemnity
8.1. You agree without reservation or exception to indemnify LinkSouthAfrica and its personnel from and against all claims, liability, loss, costs and expenses (including all legal costs) incurred or suffered by us in respect of:
• Any information of whatever description contained in any of your Advertisements
• Any Advertisements or Content including but not limited to text, images, photographs, or any other visual or auditory material posted by you on our Website, even if we have deemed it to be inoffensive but any other User deems otherwise
• Any death, personal injury or damage to property that you, your Products or your Services may cause
• Your breach of these Terms & Conditions, or the Terms & Conditions of any associated third party service provider or any applicable law.
9. General Provisions
9.1. Intellectual Property Rights
LinkSouthAfrica holds all intellectual property rights and all other proprietary rights of whatever description in or on or related to our Website or to our presence on any other social media website including but not limited to all text, trademarks, articles, graphics, logos, icons, photographs, sound clips or any other visual or auditory materials embedded in or forming part of the Products or Services or of the Website itself. This includes the Website design and the license to use the software with which the Website was developed. We also hold all rights to the name LinkSouthAfrica and to the Website domain name and URL. You may not, in any form or by any means, use, adapt, reproduce, copy, store, or create any derivative works from any part of the Website which forms any component of our intellectual property.
9.2. System Integrity
LinkSouthAfrica will use all reasonable endeavors to ensure the availability of our Products & Services and of the Website, subject to reasonable downtime for planned or unplanned maintenance. However, we take no responsibility for and have no liability for any system unavailability or downtime, including that of third party service providers such as PayPal, or for any loss that is incurred by any other party as result of such unavailability or downtime.
9.3. Resolution of disputes
LinkSouthAfrica is not party to any disputes between any Advertisers and any Users, including buyers and sellers making use of the ShopLink online shopping facility, and you agree not to involve, or attempt to involve, LinkSouthAfrica in any disputes or resolution of disputes between you and any other party.
9.4. Force Majeure
LinkSouthAfrica has no liability for any lack of performance, unavailability or failure of the Products or Services or of the Website itself, including failure to prevent access to your personal information or identity or log-in details or for any failure by us to comply with these Terms & Conditions where the same arises from any cause reasonably beyond our control.
9.5. No Waiver
If we do not exercise or enforce any right available to us, or enforce any obligation applicable to you, it does not constitute a waiver by us of those rights.
9.6. Partial Invalidity
If any provision in these Terms & Conditions becomes or is held to be invalid, unenforceable, or illegal for any reason and in any respect, that provision shall be severed from the remaining Terms & Conditions which shall continue in full force and effect.
9.7. Governing Law
These Terms & Conditions and you usage of our Website, including the ShopLink online shopping facility, are governed by the laws of the Republic of Seychelles and you submit to the non-exclusive jurisdiction of Seychellois courts.
9.8. Entire Agreement
These Terms & Conditions constitute the entire agreement between us and you and supersede all and any previous Terms & Conditions, understandings, commitments, agreements and representations of whatever nature or however communicated between us and you.
9.9. Privacy
You accept and agree that by registering on, advertising on, or otherwise using our Website, or by contacting any other Advertiser or User on our Website, you will of necessity give other people access to your personal contact details or those of the company, business or organization you represent. You specifically agree that this in no way amounts to a breach of your privacy by LinkSouthAfrica and that you have willingly invited contact by other people through your use of our Website and hold us harmless with regard to all matters related to your privacy.