NELSON MANDELA BAY MUNICIPAL WEBSITE CLASSIFIEDS
By using the Nelson Mandela Bay Municipal website classifieds you agree to the following Terms and Conditions.
Summary of Terms and Conditions
A. You agree not to use the service for any illegal purposes whatsoever or for the transmission of material that is unlawful, harassing, racist, invasive of another’s privacy, abusive, threatening, pornographic or otherwise objectionable.
B. You agree NOT to include a link, links or a reference to any ad on the Nelson Mandela Bay Municipal website classifieds in any "junk mail", "spam" or "unsolicited email".
C. You agree that the Nelson Mandela Bay Municipal website classifieds may at their discretion terminate your account if they believe you have violated the Terms and Conditions in any way.
D. You agree NOT to post classified ads that are related to Bulk E-mail.
E. You agree NOT to post duplicate classified ads.
I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
The Nelson Mandela Bay Municipal website classifieds (the "Service") is provided to you ("User") under the terms and conditions listed on this website. These terms and conditions include any amendments made now or in the future as well as any further rules or policies that may be posted on the website.
BY POSTING A CLASSIFIED AD, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS
II. MODIFICATIONS TO SERVICE
The Nelson Mandela Bay Municipality reserves the right to modify or discontinue either temporarily or permanently, the Service with or without notice to User. User agrees that the Nelson Mandela Bay Municipality shall not be liable to User or any third-party for any modification or discontinuation of the Service.
User agrees to abide by all laws and regulations in User’s use of the Service. User agrees to be solely responsible for the contents of User’s advertisements through the Service.
User agrees that the Nelson Mandela Bay Municipality may terminate User’s account or use of the Service if the Nelson Mandela Bay Municipality believes that (a) User has violated or acted inconsistently with this agreement, or that (b) User has violated the rights of Nelson Mandela Bay Municipal website classifieds or other Users.
User acknowledges and agrees that any termination of service under this Agreement and under any provision of this Agreement may be effected without prior notice (only in extreme cases). User also acknowledges and agrees that the Nelson Mandela Bay Municipality may immediately delete any ads associated with the User’s account.
V. DISCLAIMER, IDEMNITY AND WARRANTIES
NELSON MANDELA BAY MUNICIPALITY DISCLAIMS ANY WARRANTIES EXPRESSED OR IMPLIED ON GOODS OR SERVICES LISTED ON THE SERVICE. SELLERS ASSUME ALL THE RISK OR LIABILITY THAT ARISES FROM THEIR OFFER FOR SALE OF ANY ITEM.
NELSON MANDELA BAY MUNICIPALITY IS NOT LIABLE FOR THE ACCURACY OF THE INFORMATION CONTAINED IN THE SERVICE, OR THE CONTENTS OF ANY ADVERTISEMENTS, OR FOR THE CLAIMS OR OMISSIONS THEREIN. THE SERVICE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
NELSON MANDELA BAY MUNICIPALITY MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER’S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NELSON MANDELA BAY MUNICIPALITY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE NELSON MANDELA BAY MUNICIPAL WEBSITE CLASSIFIEDS SERVICE OR SOFTWARE WILL BE CORRECTED.
USER AGREES TO IDEMNIFY AND HOLD HARMLESS THE NELSON MANDELA BAY MUNICIPALITY, FROM ANY CLAIMS, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY, DUE TO OR ARISING OUT OF USE OF THE SERVICE, USER’S CONNECTION TO THE SERVICE, OR USER’S VIOLATION OF THIS AGREEMENT.
THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT BETWEENTHE NELSON MANDELA BAY MUNICIPALITY AND USER WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERCEDES ALL PREVIOUS REPRESENTATIONS, UNDERSTANDINGS OR AGREEMENTS AND SHALL PREVAIL NOTWITHSTANDING ANY VARIANCE WITH TERMS AND CONDITIONS OF ANY OTHER PRIOR WRITING BETWEEN THE PARTIES. IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR DEEMED UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN THE REMAINING PROVISION SHALL NEVERTHELESS CONTINUE IN FULL FORCE AND EFFECT. CUSTOMER MAY NOT TRANSFER OR ASSIGN THIS AGREEMENT WITHOUT THE NELSON MANDELA BAY MUNICIPALITY PRIOR WRITTEN CONSENT.
This Contract shall be interpreted according to the Laws of SOUTH AFRICA and the parties agree to submit to the exclusive jurisdiction of the SOUTH AFRICAN courts.