Table of Contents
2. Intellectual Property Rights
3. Specific Terms Relating to Content
4. Communication Facilities
5. User License to localhost
6. Advertising Links to Other Websites and Offers
7. Purchasing through localhost
8. Disclaimer and Limitation of Liability
In general localhost will not share any of your user information with external parties, although some of your private details can be seen by other Community Members through the forum profile tool.
Intellectual Property Rights
All information, text, material, graphics, software and advertisements appearing on this Site from time to time (“Content”) are Copyright © 2011 BizFacility, unless this Site expressly indicates to the contrary. As such, the Content is protected by South African and international copyright and trademark laws.
The Content on this site is updated periodically. Users are not entitled to modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way unless expressly authorized by this Site or unless the written permission of localhost has first been obtained.
1. use a Netscape, Microsoft, Google or Mozilla-based web browser, to download and view the Content for their own use, or
2. if an Internet service and/or access provider, supply the Content to subscribers.
This Site contains information in the form of general Website and Logo Design as well as Website Hosting information. Neither localhost, its proprietors or associates accept any responsibility for the accuracy of any information contained in this Site or its applicability in the specific circumstances of any user or member.
localhost receives no commission or other financial benefit from the publication of the information on this Site (save and except for affiliate or referral fees, membership fees and advertising charges) and is in no way interested in any securities or other transaction entered into as a result of the publication of such information.
All advertising and referral buttons containing hyperlinks to third parties are paid for by the relevant third-party advertiser and are not recommendations or endorsements by localhost or their respective directors, trustees, affiliates or employees.
This site may from time to time contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users and members to localhost, real-time interaction between users and members and other electronic messaging and notice services (“Communication Facilities”).
It is a condition of use by users and members of any Communication Facility and access to this Site that users and members do not do any of the following:
1. restrict or inhibit any other user or member from using or accessing any part of this Site;
2. post or transmit any unlawful, threatening, abusive, defamatory, pornographic, profane or otherwise offensive information or material of any kind, including, without limitation any information or material that might reasonably encourage conduct that would breach any civil or criminal law of South Africa or other applicable place.
3. post or transmit any information or material of any kind which violates or infringes upon the rights of any other person, including information or material which is confidential, subject to rights of privacy or publicity or which is protected in whole or in part by copyright, trademark or any other intellectual property or similar right with respect thereto, without first obtaining permission from the owner or relevant right holder;
4. knowingly post or transmit any information or material which contains a virus or other component designed to harm the hardware, software or other facilities of localhost or any of its users or members;
5. post or transmit any information or material that advertises or promotes another business or website without the prior written consent of localhost;
6. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
Users and members expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
localhost will provide reasonable cooperation with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, information or files which violate any applicable or relevant law.
User License to localhost
A user or member who places any information or other material on this Site (including by posting messages, uploading files, inputting data or engaging in any other form of communication), grants to localhost a perpetual, non-exclusive, royalty-free, irrevocable, unrestricted, worldwide license to use, copy, sub license, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material or any part of it.
This license includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favor of localhost all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. If localhost so requests, the user or member agrees to sign such documents as localhost may request from time to time to perfect or otherwise confirm the terms of this license agreement.
The license also confers upon localhost the right to sub license to any third party any of the rights hereby conferred on localhost
Purchasing through localhost
Any items purchased from localhost are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
Should any item shipped by localhost be returned, having not reached its intended destination due to an incomplete or erroneous address or other postage problem, localhost reserves the right to contact the Customer / User to confirm their shipping details, and charge the Customer / User an appropriate amount for postage and handling in order to recoup both the time and physical cost of sending an item multiple times. Upon receipt of this additional postage and handling fee, the item will be re-shipped to the Customer / User’s nominated address.
Where discounts are applicable (through the use of discount codes and special offers), discounts are available only at the time of purchasing. It is not localhost policy to refund discounted amounts after a purchase has been made. localhost reserves the right to make judgment on an appropriate course of action should there be an error in processing the discount (particularly if this error is made by the User). In these instances, localhost may choose to credit the difference between the discounted price and amount paid for an item to a future purchase to be made by the User, or any other course of action localhost believes appropriate.
Advertising, Links to Other Websites and Offers
This Site contains hyperlinks and other pointers to Internet websites operated by third parties for the convenience of users and members. The linked websites are not controlled by localhost, and localhost is unable to control the contents of any such linked website. Hence, Andcom1.com does not accept any responsibility for the contents nor does it specifically endorse those contents. Users and members link to any such website and use or rely on such website entirely at their own risk.
localhost may from time to time accept banner and other forms of advertisement on this Site. Any such banner or other advertisement or link should be understood to be a paid advertisement and not an implicit or explicit endorsement by localhost of the content or use of that linked site. Users and members are referred to the linked website for all information in relation to that website.
Some advertisements contain representations or offers by the advertiser which can be accepted by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made solely by the advertiser, not by localhost. Further, the advertiser is solely responsible for fulfilling any representation or offer made.
Disclaimer and Limitation of Liability
The South African Trade Act and similar State and Territory Legislation confers certain rights and remedies on consumers in relation to the provision of services by this Site which cannot be excluded, restricted or modified (“Statutory Rights”). To the extent that such Statutory Rights conflict with the disclaimers and other conditions set out below the Statutory Rights shall prevail provided that the offending disclaimer or condition shall be read down to the minimum extent required to avoid offending the Statutory Rights or if necessary shall be severed on the basis that the remainder of the disclaimer and the conditions shall continue to apply to the maximum extent possible. This Disclaimer shall exclude all other conditions and warranties implied by custom, law or statute.
Subject to the Statutory Rights:
1. All Content is provided “as is” and without warranties of any kind, either express or implied,
2. localhost expressly disclaims all warranties of any kind including, without limitation, implied warranties of merchantability and fitness for a particular purpose,
3. localhost does not warrant that the functions contained in any Content or any Communications Facility or user or member access to this Site will be uninterrupted or error-free, that any defects will be corrected or that this Site or the server which stores and transmits Content to you are free of viruses or any other harmful components,
4. localhost does not warrant or make any representation regarding user or member access to, or the results of user or member access to, this Site (including any linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
5. Users and members (and not localhost) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission, whether negligent or not, on the part of localhost) will localhost or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Site or any Content.
Users and members expressly acknowledge and agree that localhost does not exert control over other users and members of the Site and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, localhost’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of localhost to
1. the supply of the services again, or
2. the payment of the cost of having services supplied again.
This agreement will be governed by and construed in accordance with the laws of Cape Town, South Africa. Users and members irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Cape Town. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or un-enforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.