DEALME™ WEBSITE – TERMS AND CONDITIONS OF USE
IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEBSITE IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS WEBSITE THE USER AGREES AND IS DEEMED TO HAVE AGREED TO OBSERVE ALL TERMS AND CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN FURTHER USE OF THE WEBSITE IS PROHIBITED.
TERMS AND CONDITIONS
1.1 www.dealme.co.za is the lawful property of Jerry Boyd (Pty) Ltd with registration number 2016/425445/07. VAT: 9761633164
1.2 By signing up, publishing and using www.dealme.co.za (hereinafter referred to as “the website”), all persons and entities (hereinafter referred to as “the user”)consents to the terms and conditions contained herein without qualification or exception.
1.3 By signing up, publishing and using the website; the user agrees to be bound by and shall be deemed to have acknowledged, read and understood the terms and conditions.
1.4 In the event that the user does not agree with the terms and conditions, the user is hereby requested to immediately:
1.4.1 refrain from further use of this website; and/or
1.4.2 exit the website; and/or
1.4.3 make use of another website.
1.5 The website may from time to time amend the terms and conditions without any notice to the user and further use by the user shall be regarded as their consent to the amended terms and conditions.
1.6 The website will take the necessary precautions to ensure the safety of the website, however, it does not warrant or guarantee that the website is free from viruses, worms, Trojan horses or any other code that contains contaminating or destructive intent. The user holds the sole responsibility of continuously maintaining protection measures against the aforesaid threats.
1.7 Any and all interaction with the website shall be done in a protective state as to avoid the contamination and distribution of viruses, worms, Trojan horses or any other code that contains a contaminating or destructive intent.
1.8 The user agrees to deal with the information and/or products contained on the website in a manner that abides by all the applicable laws of South Africa.
1.9 The website is entitled to the use of various agents in the operation and maintenance of the website.
1.10 Jerry Boyd (Pty) Ltd and the website are committed to the continuous maintenance and optimisation the website to improve its customer experience, and to improve the quality and quantity of content.
1.11 Jerry Boyd (Pty) Ltd and the website reserves the right to cancel and/or cease offering any of the aforesaid services and/or products, without notification and/or justification of its removal.
1.12 These terms and conditions specifically supersede and immediately terminate any previous agreement concluded between the website and the user.
1.13 In certain instances, the website may apply terms and conditions for certain services and/or products, such as but not limited to policies for certain events, activities and/or promotions. The user will be informed of these terms and conditions when and where they are applicable. When terms and conditions are applied to a certain event, activity or promotion, in the event of a conflict between these terms and conditions and those applicable terms and conditions, these terms and conditions will prevail.
1.14 All the original terms and conditions have been drafted in English, which may be translated into other languages. In the event of a conflict between any and all translations, the original English version shall stand.
- NATURE OF WEBSITE
2.1 The website contains three distinctive sections, namely:
2.2 The Handyman section of the website serves the object of connecting a supplier to members of the community by creating a platform to achieve this purpose.
2.3 The jobs section is a platform for both recruiters and job seekers of the website seeking employment. Jobs may be advertised and applied for on this platform.
2.4 The personal section is a platform for but not limited to singles looking for a relationship/people seeking company/meeting new people.
2.5 In the event that certain terms and conditions are only applicable to a specific clause/section or combination thereof, the clause/section will clearly indicate which sections of the website the terms and conditions will be applicable to for the purpose of that clause/section.
- GOVERNING LAW
3.1 The usage, terms, and conditions of the website are governed by the laws of the Republic of South Africa.
3.2 The user consents irrevocably and unconditionally to the jurisdiction of the courts of the Republic of South Africa for any/all matters arising from the use of this website.
- PRINCIPAL CONTACT ADDRESS
4.1 Jerry Boyd (Pty) Ltd is a juristic person incorporated in terms of the company laws of the Republic of South Africa with its postal address at: Ridgeway Extension 4, Jansje Street, Johannesburg, Gauteng, South Africa.
- FORMATION OF AGREEMENT
5.1 The user must be the minimum age of 18 years of age to enter into and form a legally binding contract with Jerry Boyd (Pty) Ltd and/or the website.
5.2 Any agreement concluded between Jerry Boyd (Pty) Ltd and/or website and the user shall be concluded at the time when and place where the acceptance of the offer was received by the offeror.
5.3 Any such agreement shall not be without legal effect merely because it is in the form of a data message and is not evidenced by and an electronic signature but by means of a person’s (juristic or otherwise) intent.
5.4 The user agrees to provide factual, correct and complete information as may be requested by the registration process, and when necessary, maintain and promptly update the registration and/or profile information in order to maintain accuracy and completeness of the website database.
5.5 In the event that the user knowingly provides any information that is false or incomplete, Jerry Boyd (Pty) Ltd and/or the website reserves the right to terminate the agreement between the website and the user.
- PUBLICATION OF A LISTING
6.1 Every and all listings by users shall be subject to the approval of the website and/or their appointed agent before the posting is published live on the website.
6.2 The website reserves the right to request amendments to any listing in order to maintain the standard and integrity of the website. In the event that the user fails/neglects/refuses to amend the listing, the website reserves the right to remove the listing without any notice to the user.
6.3 The user agrees that the website and/or it’s agents may request all supporting documentation be it from the Registrar of the CIPC or any other party and/or entity.
6.4 The user confirms that the content belongs to the user and/or holds a license/express consent to the content in the publication.
6.5 The user may not create links to other websites and/or resources.
- ADVERTISING AND ADVERTISING STANDARD
7.1 The user hereby declares the following in relation to their advert/publication:
7.1.1 It is legal, decent, honest and truthful;
7.1.2 It is not misleading and does not amount to puffery or a hyperbole;
7.1.3 When claiming expert opinion that proof as an expert will be provided;
7.1.4 Complies with the principles of fair competition;
7.1.5 Does not bring advertising into disrepute, and/or reduce confidence in the advertising industry;
7.1.6 Does not expose the financial, commercial, scientific, technical information and trade secrets of the third party;
7.1.7 Does not amount to disparagement or comparative advertising;
7.1.8 Does not amount to the exploitation of the advertising goodwill of another advertisement;
7.1.9 Does not amount to the imitation of a local or international advertisement.
7.2 The website shall not be liable in the event that the user fails/neglects/refuses to comply with the aforesaid.
7.3 Jerry Boyd (Pty) Ltd and the website reserves the right to publish advertisements on the website, through other online and offline advertisement distribution channels which may include third parties. Jerry Boyd (Pty) Ltd and the website may from time to time cooperate with other media partners which will not require the consent of the user.
7.4 Jerry Boyd (Pty) Ltd and the website reserve the right to convert and advertise across a variety of mechanisms and devices.
7.5 Jerry Boyd (Pty) Ltd and the website reserve the right to make changes to the advertisement be it, but, not limited to, the position, sign or placement of the advertisement.
7.6 Depending on the availability of certain advertisements, the user may not require advertisement for a specific period, however, the website will make every effort to advertise within the desired period of publication.
- PUBLICATION AND BLOGGING STANDARD
8.1 In the event that the user blogs and/enters a publication on the website, the user declares:
8.1.1 Their blog and/or publication is personal and their own work;
8.1.2 Their blog and/or publication does not contain sensitive information of a third party;
8.1.3 The content of their blog does not infringe on a person’s race, ethnicity, sexual orientation, religious belief, and physical disability;
8.1.4 Does not disclose the financial, operational and legal information of a third party;
8.1.5 Their blog and/or publication shall promote healthy and honest discourse between readers of the blog and/or publication;
8.1.6 It at all times upholds the intellectual property rights of third parties;
8.1.7 The blog and/or publication respects the opinions of others;
8.1.8 At all times upholds the principles of integrity, professionalism, privacy, and impartiality.
8.2 The user grants the website the non-exclusive license to all submitted blogs and/or publications to use, reproduce, adapt, distribute, publish in any form, deal with the work for general advertising and promotions both locally and internationally.
- INTELLECTUAL PROPERTY OF THE WEBSITE AND JERRY BOYD (PTY) LTD
9.1 The user acknowledges that Jerry Boyd (Pty) Ltd and/or its licensors are the proprietors of all intellectual property subsisting in, pertaining to or used on the website, including but not limited to; copyright, trade marks, patents, designs, goodwill and trade secrets, more specifically, Jerry Boyd (Pty) Ltd specifically informs the public that it is the proprietor of the following trade marks, namely:
9.1.1 DEALME HANDYMAN (TM NO: 2018/25813);
9.1.2 DEALME (TM NO: 2017/28690);
9.1.3 DEALME PERSONALS (TM NO: 2018/25815).
9.2 The user acknowledges that he/she/it/they may not without the prior written consent of the website and/or Jerry Boyd (Pty) Ltd, use, reproduce, adapt, distribute, modify, prepare derivative works, license, lease, sell, re-sell, transfer, publically display, publically perform, transmit, stream, broadcast, reverse engineer, link to, mirror, frame any portion, cause or launch programs from or scripts for the purpose of scraping, indexing, surveying or other mining any portion of the services, publish in any form, deal with or interfere with its intellectual property.
9.3 The user will not attempt to register any mark or internet domains or companies resembling the website or any content/concepts contained therein.
- INTELLECTUAL PROPERTY OF THE USER
10.1 The user confirms that any copyright, trade marks, patents, designs, goodwill, and trade secrets published by the user on the website is the property of the user and/or they have a legal right to the Intellectual property.
10.2 The user agrees that the website retains the right to immediately remove any intellectual property on receipt of a take-down notice and/or complaint from the intellectual property holder.
10.3 The user consents to and allows the website to make use of the user’s intellectual property subsisting in but not limited to; copyrights, trade marks, patents and designs for marketing purposes on both local and international websites.
10.4 Jerry Boyd (Pty) Ltd and/or the website may investigate all intellectual property complaints and will proceed in accordance with the prevailing laws, rules, and regulations.
- PURPOSE/LIABILITY OF THE WEBSITE/DIRECTORY
11.1 The website acts strictly as a directory with the sole purpose of:
11.1.1 Assisting a supplier to connect with a user on the website;
11.1.2 Organizing the website in such a manner that suppliers are easily accessible;
11.1.3 Creating a platform where the user may find a supplier(s);
11.1.4 Creating a platform where supplier(s) may find users;
11.1.5 Assisting in directing the user to a variety of suppliers;
11.1.6 Creating simplicity when organizing a supplier; and
11.1.7 Exists to create a platform where suppliers can publish their business listings.
11.1.8 Assisting recruiters to connect with potential employees;
11.1.9 Organizing the website in such a manner that both the recruiter and job seeker have the necessary information about a job that is in an accessible and easy to understand form;
11.1.10 Cresting a platform for recruiters and job seekers to interact;
11.1.11Assisting recruiter in finding suitable candidates; and
11.1.12 Creating simplicity in the recruiting/job seeking process;
11.1.13 Assisting individuals to meet other people;
11.1.14 Organizing the website in such a manner that makes access to the community easily accessible; and
11.1.15 Creating a platform for people to meet each other.
11.2 The website does not involve itself in any transactions, contract, and/or arrangement that may occur between the user, and/or third parties.
11.3 The conclusion of any transaction, contract, and/or arrangement remains the business of the user and/or any third party.
11.4 The website is not a party to any agreement concluded between the users.
11.5 The website does not make arrangements between the user and the supplier(s).
11.6 The website shall not involve itself with any transaction between users.
11.7 The website does not guarantee the product(s) and/or services made available on the website.
11.8 The website does not guarantee the postings, accuracy of postings, the safety of communication, the quality of communication, the legality of communication on the website.
11.9 Any transaction, agreement, understanding, contract remains the business between the users, and/or any third party.
11.10 The website does not guarantee a continuous and/or secure access to the services of the website.
11.11 The website cannot guarantee unsolicited goods, services and/or communication through the use of the website.
11.12 The website cannot guarantee the user business from the website.
11.13 It is the duty of the user to use extreme caution before sharing personal information with other users of the website, as the website does not conduct personal checks, screenings or criminal background checks, nor does the website inquire into any statements made by users. The website reserves it right to conduct background checks and screenings, and where necessary to involve and/or alert law enforcement agencies.
11.14 The website will not be held liable for any user who under the age of 18 years of age improperly accesses the website.
- AGREEMENTS/QUOTES/PAYMENTS BETWEEN USERS
12.1 The website shall in no manner or form become a party to any agreement reached between the users and/or third parties.
12.2 The website shall not deal with any contractual complaints or disagreements between users and/or third parties.
12.3 The website shall not provide quotes of a user and does not guarantee the quotes provided by the users of the website.
12.4 The website shall not receive payments on behalf of a user.
- PERSONAL AND BUSINESS INFORMATION
13.1 The user hereby consents to any and/all collection, collation, processing, disclosure of any information.
13.2 The user consents to the disclosure of information that is requested, collected, collated, processed or stored.
13.3 The user consents to the international disclosure of information requested, collected, processed or stored.
13.4 Use of the information shall only be for the purpose for which it was disclosed.
13.5 The website shall keep a record of information that it used together with its purpose.
13.6 The website will not disclose information to a third party unless required, permitted by law or authorized by the user.
13.7 The website may delete and destroy all information which has become obsolete.
13.8 The website may compile profiles for statistical purposes, may trade freely with such profiles and statistical data.
- CACHING/COOKIES CONSENT
14.1 The user consents to the automatic, intermediate, temporary storage of data, where the purpose of storing is to make onward/future transmission of data more efficient.
15.1 The website shall not be held liable for damages arising from data stored as a result of the service provided by the website.
- INFORMATION LOCATION TOOLS
16.1 The website shall not be held liable for damages arising from links, referrals, links to infringing data messages, infringing activity, using information location tools, including a directory, index, reference, pointer, hyperlink.
17.1 The website does not give any warranty of any representations, conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and/or those arising from statute.
17.2 The use of the website and its software is used at the sole risk of the user which is provided “as is”.
17.3 Jerry Boyd (Pty) Ltd/the website/it subsidiaries / agents/ affiliates /officers/ employees/ agents/ partners/ and licensors disclaim any and all warranties of any kind whether express or implied including but not limited to any implied, including but not limited to any implied warranties of title, merchantability or fitness.
17.4 Jerry Boyd (Pty) Ltd/the website/it subsidiaries / agents/ affiliates /officers/ employees/ agents/ partners/ and licensors make no such warranties that the services provided will meet the requirements of the user, that the services will not be uninterrupted, timely, secure or error free, that the service will be accurate or reliable, or meet the expectations of the supplier/recruiter/user.
18.1 The website reserves the right at any time to modify or delete a listing.
18.2 The user has the right to demand the removal and/or deletion of content from the website.
18.3 The website shall comply with the legitimate removal and/or deletion requests; however, the website shall be entitled to attend to such a request up to 72 hours on receipt of such a request.
18.4 By the user of the website, Jerry Boyd (Pty) Ltd and the website have granted the user a personal, non-transferable non-exclusive license to make use of the object code and/or it software on a single device, you shall not allow any third party to duplicate, alter, modify, create, plagiarize, reverse engineer, reverse assemble, make an attempt to locate or discern the source code, sell, assign, sublicense, grant a security interest in the website and/or object code and/or software.
18.5 The user of the website agrees not to access and/or attempt to access the website through any other interface which is not provided by the website.
19.1 The user indemnifies Jerry Boyd (Pty) Ltd and/or the website against any claims or actions arising from other users and/or third parties of the website whose rights or reputations have been damaged due to advertising content, in particular, prohibited content representing a violation of rights and reputation of others.
19.2 The user indemnifies Jerry Boyd (Pty) Ltd and/or the website against all claims, actions, suits, liabilities, costs, and expenses incurred on any account and/or listing.
19.3 Access to any database contained on the website is available to approved users, it is, therefore, the duty of the user to maintain and keep their access information confidential, user indemnifies Jerry Boyd (Pty) Ltd and/or the website against the disclosure of their access information, it lawful and/or unlawful disclosure.
19.4 The user shall not hold Jerry Boyd (Pty) Ltd and/or the website liable for the actions of other users and/or third parties.
19.5 Jerry Boyd (Pty) Ltd and or the website shall not be held responsible for any loss, be it but not limited to; loss of money, loss of profit, goodwill and reputation, special, indirect or consequential damages arising out of the use of the website.
19.6 Jerry Boyd (Pty) Ltd and/or the website shall not be held liable for any loss or damage including but without being limited to consequential damages which the user may suffer as a result of, without limiting the generality of the aforesaid, any error in or omission from its publications.
- TAKE DOWN NOTICE
20.1 Any user and/or third party that is of the view that there is an unlawful activity and/or infringement of their intellectual property a take-down notice may be addressed to:
20.1.1 Mr. Peter Balogun – firstname.lastname@example.org.
20.2 The takedown notice must contain the following information:
20.2.1 Full name and address;
20.2.2 Written or electronic signature;
20.2.3 Full identification;
20.2.4 Proof of the unlawful activity and/or Intellectual property infringement;
20.2.5 What remedial action is sort;
20.2.6 Telephonic and/or electronic communication details;
20.2.7 A statement that the takedown notice is done in good faith.
20.3 The person (juristic or otherwise) has the right of reply to any purported unlawful activity and/or Intellectual property infringement.
20.4 The website shall not be held liable for the wrong take-down.
20.5 The website shall not be held liable for damages arising as the result of a takedown notice.
- MALICIOUS ACTS
21.1 The user accepts that he/she/it/they shall not infect the website with viruses, worms, Trojans horses, or any other code that will have a malicious, contaminating and/or destructive effect.
21.2 The user agrees not to intercept any data or information held on the website.
21.3 The user agrees not to make use of any method to circumvent a technology prevention measure.
22.1 Jerry Boyd (Pty) Ltd and/or the website will in so far as possible maintain and operate the website in a manner that complies with the generally accepted technical standards.
- NO MONITORING OBLIGATION
23.1 The website retains no duty to monitor data transmitted or stored on the website.
23.2 The website has no obligation to monitor facts, or circumstances of unlawful activity and/or of Intellectual Property infringement.
- FEES FOR SERVICES AND PRODUCTS OF THE WEBSITE
Employment and dating
24.1 This portion of the website may be used free of charge; however, the website reserves its rights to charge fees for these sections and/or part thereof.
24.2 In certain instances, ancillary products and services may attract a transaction fee that will be due and payable at the execution of the transaction.
24.3 This portion of the website is subject to fees which will vary from time to time. Information regarding fees will be found on the website and/or will be made available upon request.
24.4 The website, however, reserves its right to charge usage fees for special services and site functions.
24.5 The website reserves its right to charge for future listings.
24.6 Where fees are charged it shall be charged in the currency of the respective country, however, the website reserves their right to charge in other currencies for technical reasons.
24.7 All prices exclude any VAT legally payable and will be added to the final amount presented to the user for payment processing.
24.8 If payment is an international payment, the amount due and payable will exclude those necessary international fees and charges.
25.1 Jerry Boyd (Pty) Ltd and the website will treat all information as confidential.
25.2 Jerry Boyd (Pty) Ltd,/website/user agree to mutually comply with the applicable privacy and data protection laws.
25.3 For the purpose of the website’s maintenance, optimisation, and operation, the website stores its data on a machine-readable form.
25.4 It will remain the responsibility of the user to keep any identity, password, username or any other security device safe and confidential, to do so with due diligence and due care and take the necessary steps to ensure that it is not disclosed to unauthorised persons.
25.5 The user warrants not to forward or otherwise communicate the personal data of other users and will comply with all the applicable data protection and privacy laws, rules and regulations.
- FORCE MAJEURE
26.1 Jerry Boyd (Pty) Ltd and/or the website will not be liable for performance delays or for non-performance due to causes beyond its control.
27.1 Any indulgence granted will not be construed as a waiver of that party’s right nor will it be regarded as an amendment of these terms and conditions.
28.1 These terms and conditions are not capable of be varied, amended added to, supplemented, novated or cancelled unless by Court order or by the terms of these terms and conditions or by the written consent of Jerry Boyd (Pty) Ltd and/or the website.
29.1 In the event that any provision of these terms and conditions is found to be invalid, unlawful or unenforceable, such provision shall be severable from the remainder of the terms and conditions, which shall continue to be valid and enforceable.
- CONSUMER PROTECTION AND CONSUMER AFFAIRS COMMITTEE
30.1 The user retains the right to lodge a complaint with the Consumer Affairs committee should he/she/it/they feel that the website has failed to comply with the Electronic Communications and Transactions Act No. 25 of 2002.
30.2 Jerry Boyd (Pty) Ltd and the website will regard users (except juristic persons) as consumers under the Consumer Protection laws of South Africa and as such any transaction will respect the respective Consumer laws and be interpreted to give effect to these consumer rights.
- INFORMATION OFFICER
31.1 In the event that any user and/or third party requires information, the website elects the following information officer:
31.1.1 Mr. Peter Balogun
Ridgeway Extension 4