These terms are effective 1 November 2020
Introduction:
Welcome to www.unveiledsa.co.za (“Unveiled South Africa”). These Terms of Use, the Rules for Posting, the Privacy Notice, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”).
All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services. By accessing the Services you are agreeing to the following terms, which are designed to make sure that the Services work for everyone. Should you not agree to these terms, or any update or change thereto as dealt with below, you should not access or use Unveiled SA. You affirm that you are either 18 years of age or older, or possess the necessary consents to agree to these terms.
Using Unveiled SA: As a condition of your use of Unveiled SA you, agree that you will not:
You are solely responsible for all information that you submit to Unveiled SA and any consequences that may result from your post. We reserve the right for any or no reason, at our discretion to refuse or delete or take-down content that (or any part thereof) we believe is inappropriate or breaching the above terms. We may, at our discretion, remove ads, put ads on hold or make minor changes thereto, when they do not comply with the Posting Rules. 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 Unveiled SA: Unveiled SA works hard in keeping the site professional and clean. Please report problems, offensive content and policy breaches to us by send us an email: info@unveiledsa.co.za
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content exercise our discretion when ads do not comply with our policies, and take technical and legal steps to keep users off Unveiled SA 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, exercise our discretion when ads do not comply with our policies, or keep a user off Unveiled SA or not, we do not accept any liability for monitoring Unveiled SA or for unauthorized or unlawful content on Unveiled SA or use of Unveiled SA by users. You also recognise and accept that Unveiled SA is not under any obligation to monitor any data or content which is submitted to or available on the site.
Fees and Services: We charge a minimal fee for Using Unveiled SA’s services and this is charged before your listings are posted. When charged for the selected package required, you’ll be able to review and accept that charge and any additional terms and conditions applicable, including forms of payment, to the service at the time of purchase. Our fees are in South African Rand. We’ll notify you of changes to our fees 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 permissible collection mechanisms.
Content: Unveiled SA contains content from us, you, and other users. Unveiled SA is protected by copyright laws and international treaties. Content displayed on or via Unveiled SA 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 Unveiled SA without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Unveiled SA. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Unveiled SA (other than your own content).
When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyse, and create algorithms and derivative works from you content, or otherwise use such content. Further, to the fullest extent permitted under applicable law, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees.
You represent and warrant that none of the following infringe the licence (or any part thereof) granted to us in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with the Unveiled SA Terms of Use.
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, design and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on Unveiled SA 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 Unveiled SA.
Liability: Unveiled SA does not act as a supplier as contemplated in the Consumer Protection Act, or otherwise, and is not the party marketing the goods/services. Unveiled SA only provides the platform.
As explained above, we do not actively monitor data or content. We are not involved in the actual transactions between users. Unveiled SA does not operate as a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto for the purposes of, or in connection with, any transaction on the site. Unveiled SA also does not fulfil any of the functions (whether as a whole or in part), of a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto, whether in a direct or indirect manner. As most of the content on Unveiled SA comes from other users, we do not guarantee or give any warranty or make any representation as to the accuracy and content of postings or user communications or the quality, safety, or legality of what’s offered, or with regard to the legal capacity of the users that may conduct or complete any transaction. You agree not to hold us responsible for things other users post or do.
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.
Unveiled SA may promote, endorse and/or contain links to third party sites and/or services and/or goods. These sites, services and and/or goods are beyond the control of Unveiled SA. Unveiled SA is not involved in transactions between users and the operators of such third party sites. Unveiled SA does not accept responsibility for their content, services and/or products.
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, 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 Unveiled SA, 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.
Personal Information: By using Unveiled SA, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage and use of your personal information by Unveiled SA on servers located in South Africa. 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, Unveiled SA 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 offences 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 Unveiled SA and its affiliates, agents and/or partners.
General: These terms and the other policies posted on Unveiled SA constitute the entire agreement between Unveiled SA and you, superseding any prior agreements.
We may update this agreement at any time, with changes 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.
Intellectual Property – Applications: Unveiled SA owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Unveiled SA’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Unveiled SA Application.
Unveiled SA’s platform or their underlying technology may not be downloaded to or exported or re-exported by any prohibited country, person, end-user, or entity.
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