1. ACCEPTANCE OF TERMS

Welcome to Mbiza Ads. This page is a guide that outlines the Terms of Use (“Terms”) used by the Mbiza Ads website. The website is a website for listing classified ads (referred to hereafter as “the Service").

By using the Service in any way, you are agreeing to comply with the Terms, which may change from time to time. You are responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto, you must immediately discontinue the Service. Your continuation is a form of consent that you agree to the Terms.  

The Website and the Service are provided to you subject to these Terms of Use (these “Terms"). By accessing or using the website or using the Service, you agree that you have read, understood and agree to be bound by these Terms.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. Such modifications shall become effective 30 days from when the new terms would have been posted.

You are advised to review this agreement on a regular basis to keep yourself informed of any changes. You can find the most recent version of the Terms at: https://www.mbizaads.co.za/terms-of-use/

3. CONTENT

You understand that all postings (“Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item") of Content that you post, email or otherwise make available through the Service.

You understand that Mbiza Ads does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Content available through the Service may contain links to other websites, which are completely independent of Mbiza Ads. Mbiza Ads makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.

You agree that you must evaluate, and bear all risks associated with the use of any Content and that under no circumstances will Mbiza Ads be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

You acknowledge that Mbiza Ads does not pre-screen or approve Content, but that Mbiza Ads shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the Terms or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

Mbiza Ads and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Mbiza Ads unless stated otherwise, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interaction with organisations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Mbiza Ads shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Mbiza Ads is under no obligation to become involved.

In the event that you have a dispute with one or more other users, you hereby release Mbiza Ads, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.

5. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Mbiza Ads for notice of claims of copyright or other intellectual property infringement (“Agent"), at

admin@mbizaads.co.za

Please provide us with the following Notice:

a) Identify the material on the Mbiza Ads site that you claim is infringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

Mbiza Ads will remove the infringing posting(s), subject to necessary procedures.

6. PRIVACY AND INFORMATION DISCLOSURE

Mbiza Ads has established a Privacy Policy to explain to users how their information is collected and used.

Your use of the Mbiza Ads site or the Service signifies your acknowledgement and agreement to our Privacy Policy.

You further acknowledge and agree that Mbiza Ads may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Mbiza Ads, its users or the general public.

7. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another’s privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, colour, religion, sex, national origin, age, or disability.

e) that impersonates any person or entity, including, but not limited to, a Mbiza Ads employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

f) that includes personal or identifying information about another person without that person’s explicit consent;

g) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch";

h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

i) that constitutes or contains “affiliate marketing," “link referral code," “junk mail," “spam," “chain letters," “pyramid schemes," or unsolicited commercial advertisement;

j) that constitutes, facilitates, or contains any form of advertising, offers, or solicitation if: posted in areas of the Mbiza Ads’ websites which are not designated for such purposes; or emailed to Mbiza Ads’ users who have not indicated in writing that it is okay to contact them about other services, products or commercial interests.

k) that includes links to commercial services or websites, except as allowed in “Services";

l) that advertises any illegal service or the sale of any items, the sale of which is prohibited or restricted by any applicable law.

m) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

n) that disrupts the normal flow of dialogue with an excessive amount of Content to the Service, or that otherwise negatively affects other users’ ability to use the Service; or

o) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

p) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

q) “stalk" or otherwise harass anyone;

r) collect personal data about other users for commercial or unlawful purposes;

s) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Mbiza Ads;

t) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

u) post the same item or service in more than one classified category or in more than one metropolitan area;

v) attempt to gain unauthorised access to Mbiza Ads’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service or the Mbiza Ads website; or

y) use any form of automated device or computer program that enables the submission of postings on Mbiza Ads without each posting being manually entered by the author thereof (an “automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, unless otherwise approved in writing by Mbiza Ads; or

z) use any form of automated device or computer program (“flagging tool") that enables the use of Mbiza Ads’ “flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.

8. POSTING AGENTS

A “Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Mbiza Ads’ resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Mbiza Ads. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Mbiza Ads.

9. NO SPAM POLICY

Any unauthorised use of Mbiza Ads computer systems for sending unsolicited email advertisements to Mbiza Ads email addresses or through Mbiza Ads computer systems is expressly prohibited by these Terms.

11. LIMITATIONS ON SERVICE

You acknowledge that Mbiza Ads may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service.

You agree that Mbiza Ads has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.

You acknowledge that Mbiza Ads reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Mbiza Ads shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. ACCESS TO THE SERVICE

Mbiza Ads grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:

(a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Mbiza Ads. A limited exception to ‘(b)’ is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

Mbiza Ads offers various parts of the Service in RSS format so that users can embed individual feeds into a website, or view postings through third party software news aggregators. Mbiza Ads permits you to display, excerpt from, and link to the RSS feeds on your website, provided that;

(a) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (b) you provide, adjacent to the RSS feed, proper attribution to ‘www.mbizaads.co.za’ as the source, (c) your use or display does not suggest that Mbiza Ads promotes or endorses any third party causes, ideas, websites, products or services, and (d) your use does not overburden Mbiza Ads’ systems. Mbiza Ads reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Should you use the Service beyond the scope of the authorised access granted to you by Mbiza Ads, you immediately terminate the said permission or license.

13. TERMINATION OF SERVICE

You agree that Mbiza Ads, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Mbiza Ads believes that you have acted inconsistently with the letter or spirit of the Terms.

Further, you agree that Mbiza Ads shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

14. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.

Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Mbiza Ads.

You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Mbiza Ads, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although Mbiza Ads does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Mbiza Ads an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorise sublicenses (through multiple tiers) of the foregoing.

Furthermore, by posting Content to any public area of the Service, you automatically grant Mbiza Ads all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

15. DISCLAIMER OF WARRANTIES

You agree that use of the Mbiza Ads site and the Service is entirely at your own risk. The Mbiza Ads site and the Service are provided on an “As is" or “As available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Mbiza Ads disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Mbiza Ads site and the Service. To the fullest extent permitted by law, Mbiza Ads disclaims any warranties for other services or goods received through or advertised on the Mbiza Ads site, or accessed through any links on the Mbiza ads site. To the fullest extent permitted by law, Mbiza Ads disclaims any warranties for viruses or other harmful components in connection with the Mbiza Ads site or the Service.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

16. LIMITATIONS OF LIABILITY

Under no circumstances shall Mbiza Ads be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Mbiza Ads has been advised of the possibility of such damages), resulting from any aspect of your use of the Mbiza Ads site or the Service, whether the damages arise from use or misuse of the Mbiza Ads site or the Service, from inability to use the Mbiza Ads site or the Service, or the interruption, suspension, modification, alteration, or termination of the Mbiza Ads site or the Service.

Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Mbiza Ads site or the Service or any links on the Mbiza Ads site, as well as by reason of any information or advice received through or advertised in connection with the Mbiza Ads site or the Service or any links on the Mbiza Ads site.

These limitations shall apply to the fullest extent permitted by law.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

17. INDEMNITY

You agree to indemnify and hold Mbiza Ads, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

18. GENERAL INFORMATION

The Terms constitute the entire agreement between you and Mbiza Ads and govern your use of the Service, superseding any prior agreements between you and Mbiza Ads.

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms by flagging the posting(s) for review, or by contacting us.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Mbiza Ads to pursue legal action to enforce these Terms, you will be liable to pay Mbiza Ads the following amounts as liquidated damages, which you accept as reasonable estimates of Mbiza Ads’ damages for the specified breaches of these Terms:

a. If you post a listing and/or a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Mbiza Ads R15,000.00 for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.

b. If Mbiza Ads establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Mbiza Ads R1,500.00 for each listing and/or message posted in excess of such limits or for each day on which you access Mbiza Ads in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to Mbiza Ads email addresses or through Mbiza Ads computer systems, you agree to pay Mbiza Ads R400 for each such email.

d. If you post Content in violation of the Terms, other than as described above, you agree to pay Mbiza Ads R1,500.00 for each Item of Content posted. In its sole discretion, Mbiza Ads may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay Mbiza Ads R1,500.00 for each and every Item you post in violation of the Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal"), and the Principal (by engaging the Posting Agent in violation of the Terms) agrees to pay Mbiza Ads an additional R1,500.00 for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Mbiza Ads’ express written permission, you agree to pay Mbiza Ads R46,000.00 for each day on which you engage in such conduct.

g. If you collect personal data about other users for commercial or unlawful purposes, and/or if you make unsolicited contact with anyone for any commercial purpose in violation of these Terms without Mbiza Ads’ express written permission, you agree to pay Mbiza Ads R46,000.00 for each day on which you engage in such conduct.

Otherwise, you agree to pay Mbiza Ads’ actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Mbiza Ads retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

20. FEEDBACK

We welcome your questions and comments on this document.