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What you need to know when using this website.
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1. THE PARTIES
1.1. The website owner and your contracting partner, specifically in respect of your registration as a MEMBER, is ALL TRADERS' DATABASE™ CC. All references to ALL TRADERS' DATABASE™ in this document will refer to ALL TRADERS' DATABASE™ CC.
1.2. You, the VISITOR, means any person who is not registered with the ALL TRADERS' DATABASE™ and enters, navigates or uses the ALL TRADERS' DATABASE™ website or any part thereof, in read only mode.
1.3. You, the MEMBER, means any VISITOR who decides to join the ALL TRADERS' DATABASE™ and has paid the subscription fee. The MEMBER will have the privilege to list their products and services, specifications and requirements online.
1.4. The Parties refers to the ALL TRADERS' DATABASE™ and the VISITOR/MEMBER collectively.
2. ACCEPTANCE
2.1. These "Terms and Conditions" are enforceable against all VISITORS/MEMBERS that use the ALL TRADERS' DATABASE™ service, including the ALL TRADERS' DATABASE™ website or any part thereof in terms of Section 11 (3) of the "Electronic Communications and Transactions" (ECT) Act 26 of 2002. A copy of the act can be downloaded from www.polity.org.za
2.2. If you, as a VISITOR/MEMBER do not agree with these "Terms and Conditions" please refrain from using the ALL TRADERS' DATABASE™ website and desist from any further navigation or use of the website. Any further navigation of the ALL TRADERS' DATABASE™ website, or use thereof, will automatically bind you to these "Terms and Conditions".
2.3. If you register as a MEMBER, these "Terms and Conditions" automatically, become binding on you. Should you breach any of these "Terms and Conditions", you will be held liable for any damages, liabilities or claims arising as a result of your actions.
3. AMENDMENTS
3.1. We reserve the right to amend these "Terms and Conditions", the content of the website, the services we offer, the software we use or the hardware required to use the services of this website in our sole discretion and without any notice required for such amendments to be deemed effective.
4. SERVICES AND VENUE
4.1. The purpose of this website is to afford VISITORS/MEMBERS the opportunity to view products and services that are listed on the ALL TRADERS' DATABASE™ and for MEMBERS to list their own products and services.
4.2. Should a VISITOR want to place the details of a product or service onto the ALL TRADERS' DATABASE™, the VISITOR may do so once they have registered with ALL TRADERS' DATABASE™ as a MEMBER.
4.3. Any VISITORS/MEMBERS can access the information of a trading MEMBER directly. There is no commission payable to ALL TRADERS' DATABASE™.
4.4. ALL TRADERS' DATABASE™ offers an informative matching service where it allows VISITORS/MEMBERS to find other MEMBERS, who want to buy, sell or barter products and/or services.
4.5. ALL TRADERS' DATABASE™ is exclusively a venue or conduit for the exchange of contact and product/service information between VISITORS/MEMBERS and other MEMBERS.
4.6. We do not know of, facilitate or become involved in any transactions between VISITORS/MEMBERS and other MEMBERS.
4.7. ALL TRADERS' DATABASE™ is not responsible, in any way, for the correctness, accuracy, legitimacy or quality of any information of any trader contained on its website.
5. REGISTRATION POLICY
5.1. Subject to receipt of payment, membership requests will be processed immediately and delivery confirmed by e-mail.
5.2. ALL TRADERS' DATABASE™ reserves the right to refuse the registration of any person, without having to give any reasons therefore.
6. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant ALL TRADERS' DATABASE™ outlet country, at the time of presenting credit card payment options to the cardholder, is South Africa. Transaction currency is ZAR (South African Rand).
7. RESPONSIBILITY
ALL TRADERS' DATABASE™ takes no responsibility for any transaction between MEMBERS or between VISITOR'S and MEMBERS, including, but not limited to, any aspects relating to the transaction such as the sale or barter of products and/or services through this website, customer service and support, dispute resolution and delivery of products or services.
8. DISCLOSURES REQUIRED BY SECTION 43 OF ECT ACT
8.1. The full name and legal status of ALL TRADERS' DATABASE™ is ALL TRADERS' DATABASE™, (registration number CK 2004/024913/23), a Closed Corporation with limited liability registered in terms of the company laws of the Republic of South Africa.
8.2. Its registered address: 26A Shortmarket Street, 1st Floor, Cape Town, Republic of South Africa.
8.3. Its postal address: PO Box 581, Edgemead 7407, Cape Town, Republic of South Africa.
8.4. Its main business is the provision of a web-based electronic database for all traders of products and services to list their respective products and services. This includes their contact details and primary activities, to encourage and facilitate contact between traders from all over the world.
8.5. The website address is: www.AllTradersDatabase.com
8.6. The fees charged are as follows:
8.6.1. An annual registration fee as indicated on the website, is payable in advance, on or before the anniversary of the previous payment;
8.6.2. Subject to clause 8.10. below, the registration fees are non-refundable; and
8.6.3. Membership is non-transferable.
8.7. Payment may be made via Visa, MasterCard, Diners or AmericanExpress credit cards, or by bank transfer into the ALL TRADERS' DATABASE™ bank accounts, the details of which will be provided on request or as indicated on the website. Please note that for a direct bank deposit payment to become effective, proof of payment together with your reference must immediately be faxed or e-mailed to ALL TRADERS' DATABASE™.
8.8. Any disputes regarding any of the "Terms and Conditions", the interpretation of the "Terms and Conditions" or the applicability thereof to any transaction or claim of any nature, including any claims regarding the performance of this website and/or any transactions made between VISITORS/MEMBERS and other MEMBERS of this website in terms of which ALL TRADERS' DATABASE™ is or could become a party to such dispute, shall be referred to arbitration in terms of the expedited arbitration rules of the "Arbitration Foundation of South Africa" and the arbitration proceedings shall be held in Cape Town in English. The arbitration ruling shall be final and the costs of the successful party shall be paid by the losing party in an attorney client scale. The expedited rules of the "Arbitration Foundation of South Africa" may be downloaded from their website at www.arbitration.co.za
8.9. The ALL TRADERS' DATABASE™ website is hosted, controlled and operated from the Republic of South Africa, and thus, South African law and the jurisdiction of the South African courts govern the use or inability to use this website.
8.10. Cooling-off period: In terms of Section 44 of the ECT Act a consumer or a subscriber is entitled to cancel without reason and without penalty any transaction and related credit agreement for the registration as a MEMBER within seven calendar days after the date of the payment.
8.10.1. To qualify for the refund, the application for cancellation must be submitted in writing and sent to ALL TRADERS' DATABASE™. This notice must include the bank account details into which payment must be made, and the MEMBER'S reference (the same reference that was used when the MEMBER made the payment).
8.10.2. Any refund in terms of this clause must be made within 30 calendar days of the date of cancellation.
8.11. Any complaints regarding the use of the ALL TRADERS' DATABASE™ website must be forwarded to info@AllTradersDatabase.com
9. USE OF THE WEBSITE
9.1. VISITORS/MEMBERS are required to use this service in a fair and responsible manner and should desist from:
9.1.1. Distorting or manipulating the information supplied or the requests submitted to gain any unfair advantage;
9.1.2. Using any software or device that will interfere or attempt to interfere with the proper, fast and efficient working of the website.
10. INFORMATION LISTED ON THIS WEBSITE
10.1. Under no circumstances will ALL TRADERS' DATABASE™ tolerate any of the following information, products or services being posted to the site by any of its MEMBERS:
10.1.1. Names, logos, depictions or trademarks that infringe the intellectual property rights of any other VISITOR(S)/MEMBER(S);
10.1.2. Names, logos, depictions or trademarks that may be deemed offensive to any reasonable VISITOR/MEMBER of any community;
10.1.3. Illegally produced or counterfeit products or documents;
10.1.4. Firearms, explosives and ammunitions, and any replicas thereof;
10.1.5. Equipment or software programmes designed for purposes such as hacking or illegal surveillance;
10.1.6. Prescription or recreational drugs or dependence forming substances, including any associated paraphernalia;
10.1.7. Sex products or services;
10.1.8. Trafficking children or illegal immigrants;
10.1.9. Items subject to any United Nations embargo or sanction;
10.1.10. Stolen, recalled or abandoned items;
10.1.11. Human parts, fluids or remains.
10.2. VISITORS/MEMBERS are encouraged to report any content which violates our policy as set out above, directly to ALL TRADERS' DATABASE™ at info@AllTradersDatabase.com
10.3. ALL TRADERS' DATABASE ™ will endeavor to remove any of the above as soon as it comes to its attention. Under no circumstances should it be construed that ALL TRADERS' DATABASE™ condones any of the above should it fail to remove it.
11. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
11.1. The ALL TRADERS' DATABASE™ service is protected under international copyright law. Save as specifically otherwise agreed, all rights to all intellectual property rights to the website and the information contained therein are expressly reserved, including all programmes, publications, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising ALL TRADERS' DATABASE™;
11.2. The information contained in this service and the associated databases have been developed by ALL TRADERS' DATABASE™ through its system and research and have been compiled and organized by ALL TRADERS' DATABASE™ and may not be extracted in any combination, however limited, for the purpose of creating or adding to another database, website, or for any other purpose.
11.3. No part of this information service may be captured and reproduced in any form or by any means for the purpose of distributing the information to other parties or for any other purpose, without permission in writing from ALL TRADERS' DATABASE™.
11.4. ALL TRADERS' DATABASE™, its logo, product and service names, and all page headers, footers and icons are trademarks or registered trademarks of ALL TRADERS' DATABASE™.
12. OUR PRIVACY POLICY
12.1. ALL TRADERS' DATABASE™ will be collecting information submitted by the VISITORS/MEMBERS to the website, i.e. their commercial information. All information collected from the VISITORS/MEMBERS, or submitted by the VISITORS/MEMBERS, will become the property of ALL TRADERS' DATABASE™. The ALL TRADERS' DATABASE™ will have the right to use your information to generate a comprehensive database. This information will be the property of ALL TRADERS' DATABASE™ and used at its discretion.
12.2. ALL TRADERS' DATABASE™ respects your privacy and is committed to privacy protection principles. Due to the nature of the website, all the trader's information, which has been provided is available for everyone to view. You may request access to any personal information concerning you (e.g. username, password) that ALL TRADERS' DATABASE™ holds. South Africa's "Promotion of Access to Information" Act, 2 of 2000 sets out the relevant circumstances and procedures. A copy of this act can be downloaded from www.polity.org.za
12.3. ALL TRADERS' DATABASE™ will not disclose any personal information to anyone except as provided for in this policy. We may, however, need to disclose personal information to ALL TRADERS' DATABASE™ employees or agents who require such information to carry out their duties. There may also be situations where the law requires us to disclose your personal information.
12.4. ALL TRADERS' DATABASE™ is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party websites.
12.5. If you have any questions or concerns arising from this policy or the way in which we are handling your personal information, please e-mail us to info@AllTradersDatabase.com.
13. INTERCEPTION OF COMMUNICATION
13.1. Subject to the "Regulation of Interception of Communications" (RIC) Act 70 of 2002, the VISITOR/MEMBERS agrees to the right of ALL TRADERS' DATABASE™ to intercept, block, filter, read, delete, disclose and use all communications posted or sent to ALL TRADERS' DATABASE™, its staff or its website.
13.2. The VISITOR/MEMBER hereby agrees that the consent set out in 10.1 above satisfies the requirement of "writing" as set out in the RIC and ECT acts.
14. LIMITATION OF LIABILITY
14.1. The VISITOR/MEMBER use of this website and the information contained therein is entirely at the VISITOR/MEMBER own risk and the VISITOR/MEMBER assumes full responsibility and risk of loss resulting from the use thereof.
14.2. Subject to section 43(5) and (6) of the "Electronic Communications and Transactions Act", neither ALL TRADERS' DATABASE™, its affiliates, or its shareholders, agents, consultants or employees will be liable for any damages whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, this website or the information contained therein.
14.3. While all reasonable steps have been taken to ensure the accuracy and safety of the ALL TRADERS' DATABASE™ website, the use of the products or services, including the use of the information displayed on this website, are used at the VISITOR/MEMBER own risk. The VISITOR/MEMBER accepts full responsibility and risk of any injury, damage, or loss resulting from the use thereof. ALL TRADERS' DATABASE™ will not be liable for any personal or physical damage or loss, however caused, whether directly or indirectly, resulting from the use of the ALL TRADERS' DATABASE™ services, including the website.
14.4. ALL TRADERS' DATABASE™ does not make any warranties or representation that the content displayed on the website, specifically the information supplied by VISITORS/MEMBERS in respect of any goods or services, including any of the VISITOR/MEMBER contact details or information is accurate or correct or free of any errors.
14.5. ALL TRADERS' DATABASE™ does not make any warranty that the website will be available at all times, and the VISITOR/MEMBER hereby acknowledges that the website may be unavailable for various reasons, such as updates, maintenance, viruses, unauthorized access or any other "Acts of God".
15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The parties agree that:
15.1. The VISITOR/MEMBER shall be bound to these "Terms and Conditions" and that such agreement is concluded in Cape Town in the Republic of South Africa at the time when the VISITOR/MEMBER enters the ALL TRADERS' DATABASE™ website and signifies its acceptance of these "Terms and Conditions";
15.2. All data messages as defined in the ECT Act shall only be deemed to be received if and when ALL TRADERS' DATABASE™ responds to them;
15.3. All data messages addressed by ALL TRADERS' DATABASE™ to the VISITOR/MEMBER shall be deemed to be received when the complete data message enters the information system designated or used by the VISITOR/MEMBER for that purpose and is capable of being retrieved and processed by the VISITOR/MEMBER, and must be regarded as having been sent from the originators usual place of business and received at the addressees usual place of business;
15.4. The VISITOR/MEMBER agrees and warrants that data messages sent from a computer or IP address or mobile device owned or normally used by the VISITOR/MEMBER was sent by or authorized to be sent by the VISITOR/MEMBER personally.
16. GENERAL
16.1. These "Terms and Conditions" set out the entire agreement between the parties and no representations or agreements shall bind the parties, unless the acceptance of such "Terms and Conditions" is acknowledged in writing and signed by ALL TRADERS' DATABASE™.
16.2. Any waiver of ALL TRADERS' DATABASE™ to enforce its rights shall in no way detract from its right to enforce such rights later.
16.3. In the event that any term and/or condition is found to be unenforceable for any reason, the remaining terms and conditions shall be severable from the offending terms and/or conditions shall remain valid and binding between the parties.
Updated at Cape Town on the 15th of September 2006
Prepared by De Rooy Brodziak Attorneys - robert@drb.co.za
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