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Terms of Service


These Terms of Service are effective 1 November 2016.

These Terms of Service, the Privacy Policy, the Content Guidelines and any and all other policies posted on our website, set out the terms and conditions (the “Terms”) on which we offer you access to and use of the Fynd website, services, applications and tools (collectively the “Service” or the “Website”). All such policies and guidelines are incorporated into the Terms of Service.

By accessing the Service you agree to the Terms, and you are concluding a legally binding agreement. If you do not agree to the Terms (as may be amended from time to time) you are not permitted to use the Service.

If there is conflict between the provisions contained in the Terms of Service, the Privacy Policy, the Content Guidelines, or any other policy posted on the Website, the provisions must be interpreted in the order of precedence as they are listed in this paragraph.

We may update the Terms at any time by posting it on the Website, with changes taking effect when you next use the Service, or 30 days after we post the updated Terms on the Website, whichever is earlier.

You affirm that you are either 18 years of age or older, or, if representing a legal entity, that you possess the necessary authority to agree to these Terms.

1. CONSUMER PROTECTION ACT AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

To the extent that the Consumer Protection Act, 68 of 2008 ("CPA") applies, we have a duty to point out certain important provisions in these Terms to you. The sections which contain these important provisions and reasons why they are important are set out below. It is also very important that you read all of these sections carefully and not just what we say below.

Limitations of risk, legal responsibilities and liability: Sections 3, 4, 6 and 8 are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you. As a result of these sections, your rights and remedies against us and these other persons and entities are limited and excluded. These sections also limit and exclude your right to recover or make claims for losses, damages, liability or harm that you or others may suffer.

Assumptions of risk, legal responsibilities and liability by you: Sections 3, 4, 6, 7 and 8 are important because you take on risk, legal responsibilities and liability. As a result of these sections, you may also be responsible for claims and other amounts. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you and others for what is stated in these sections. We will also be able to terminate our Service to you as a result of these sections.

Indemnities by you: Section 7 requires you to indemnify and hold harmless Fynd and other persons or entities against claims, loss, damages, and harm that that may be suffered by Fynd and other persons or entities as a result of the events set out in section 7. This places various risks, liabilities, obligations and legal responsibilities on you. You will be responsible and liable for the payment of the value of the claims, loss, damages and harm that may be suffered or claimed by Fynd.

To the extent that these Terms and/or the Service are regulated by the CPA or the Electronic Communications and Transactions Act, 25 of 2002 ("ECTA"), it is not intended that any provision of these Terms contravenes any provision of the CPA or ECTA. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA and ECTA are complied with.

Nothing in these Terms:

  • limits or exempts us or any other person from any responsibility or liability to the extent that the law does not allow it, or
  • requires you to assume risk or responsibility or liability to the extent that the law does not allow it.

2. PARTIES

"You" and "your" refer to you as a user of the Service. A "user" is anyone who accesses, browses, or in any way uses the Service.

"We", "us", "our" and “Fynd” refer to Fynd.co.za, owned and operated by Yes Media CC (CK2008/253039/23), Suite 20-207 Waverley Office Park, Mowbray, Cape Town, 7700.

3. USE OF THE SERVICE

We grant you permission to use the Service, subject to the Terms. We may at any time, and for any reason, revoke your permission and restrict your access to use the Service. If permission has been revoked, you may not access or use the Service.

The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

You use the Service at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

User Accounts: You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to close your user account, without notice, at any time for any or no reason.

Accurate user information: We require that you provide complete and accurate information about yourself in creating your user account. You may not impersonate someone else, create an account for anyone else, use an email address that is not yours, or create multiple accounts.

Business Owners or Representatives: If you are, in any way, using the Service to act as the owner or authorised representative of a business listed on Fynd (“Business User”), you warrant and represent that you are legally authorised to represent the business as such. If you cease to be authorised to represent such business, you will (i) immediately stop using the Service to represent the business, and (ii) remove yourself as an Administrator for such business (or Contact us to request us to remove you as an Administrator).

Communications: By creating an account, you agree to receive certain communications in connection with the Service. You can opt-out of certain non-essential communications via the Website, but certain communications (mainly confirmations and reminders triggered by your use of the Service) are compulsory. The only way to stop receiving these communications is to stop using the Service.

4. CONTENT

"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means any and all Content that you submit or transmit in connection with the Service, such as ratings, reviews, business details, messages, and information that you publicly display in your account profile, or if you are acting as a Business User, any and all Content that you submit or transmit in connection with the Service as a Business User, such as business details, logos, trademarks, tradenames, images, responses to reviews, and information that you publicly display in your business listing.

a. Responsibility for Content

We are not responsible for any Content made available through the Service by users. You are responsible for, must evaluate for yourself, and bear all risks associated with the use of, or reliance on, any Content made available via the Service. Under no circumstances will we be liable in any way for the Content, or for any loss or damage, of any kind, incurred as a result of the browsing, using of, or reliance on any Content made available via the Service.

We do not endorse any Content or any opinion, statement, recommendation, or advice expressed in the Content. We expressly disclaim any and all liability in connection with any Content.

We are not obliged to pre-screen or approve any Content, but we have the right, in our sole and absolute discretion, without notice, to screen, refuse, edit, delete or otherwise flag any Content that is or may be available through the Service. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

The Service may contain links to third party websites which are completely unrelated to us. If you link to third party websites, you may be subject to those websites’ terms and conditions and other policies. We make no representation or guarantee as to the accuracy or authenticity of the information contained in any such third party websites, and your linking to any other websites is completely at your own risk and we are not liable in any way for such other websites.

b. Your Responsibility for Your Content

You are solely responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.

You represent that you own, or have the necessary permissions to use and authorise the use of Your Content.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

c. Ownership and Licensing of Content

You retain all ownership rights you may have in Your Content.

By submitting any Content to, or through, the Service, you grant us an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, and display the Content in connection with the Service, including, without limitation, for the purpose of promoting and redistributing part or all of the Service and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by us in order to deliver the Service.

You also grant each user of the Service a non-exclusive license to access Your Content through the Service, which licence excludes using Your Content for commercial purposes.

By submitting Content to any public area of the Service, you grant us all rights necessary to (i) prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content by any party for any purpose which contravenes these Terms; and (ii) enforce, on your behalf all rights you may have in the Content against any infringement by a third party. These rights are perpetual and cannot be revoked by you and will apply and can be exercised by us throughout the world. We are, however, under no obligation whatsoever to enforce these rights.

We own any Content that we create and make available in connection with the Service, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including our compilation of Your Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights as they may exist throughout the world associated with the Service. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our Content in whole or in part except as expressly authorised by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and our Content are retained by us.

d. Advertising

We may display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice to you.

e. Infringing Content

We do not permit copyright infringing activities and infringement of intellectual property rights on the Service. We may, in our sole discretion, remove any infringing Content if we become, or are made aware of, infringing Content.

If you are an owner of intellectual property rights, or an agent who is authorised to act on behalf of the owner of intellectual property rights, and believe that any Content or other content infringes upon your intellectual property right, please Contact Us to submit a request to delete the relevant Content in good faith.

5. CONDUCT

You agree not to, and will not assist, encourage or enable others to:

  • violate the Terms
  • violate any applicable law
  • violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
  • threaten, stalk, harm or harass others, or promote bigotry or discrimination
  • promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as a Business User and as expressly permitted by us
  • send bulk emails, surveys or other mass messaging via the Service, or otherwise attempt to manipulate the Service’ search results or any third-party website
  • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service, or any Content made available via the Service (other than Your Content), except as expressly authorised by us
  • use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Service or any Content made available via the Service, except for internet search engines that comply with our robots.txt file
  • reverse engineer any portion of the Service
  • remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Website or on any materials printed or copied from the Website
  • record, process or mine information about other users
  • access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews
  • reformat or frame any portion of the Service
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Service’s technology infrastructure or otherwise make excessive traffic demands of the Service
  • attempt to gain unauthorised access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means
  • use the Service to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature
  • use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service
  • remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service or features that prevent or restrict the use or copying of Content made available via the Service.

6. DEALINGS WITH OTHER PARTIES VIA THE SERVICE

We are not liable for your interactions with any businesses and/or individuals and/or any third parties through the Service. This includes, but is not limited to, purchasing of any goods or services from any businesses and/or individuals and/or any third parties found or represented on the Service. These dealings are solely between you and such parties. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with any such third parties, you hereby release Fynd, its officers, employees, agents and successors from any and all 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.

7. INDEMNITIES

You agree to defend, indemnify and hold harmless Fynd, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (i) your access to or use of the Service, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Service, or (iv) the infringement by you, or any third party using your account, of any intellectual property or any other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.

8. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE SERVICE IS 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.

FYND, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. FYND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

FYND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FYND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL FYND, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FYND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM (I) USE OR MISUSE OF THE SERVICE, (II) INABILITY TO USE THE SERVICE, (III) INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE, (IV) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (V) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (VI) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (VIII) ANY BUGS, MALWARE, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

FYND WILL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, AND THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FYND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

9. TERMINATION

You may terminate this agreement at any time by discontinuing your use of the Service, and/or providing us with a notice of termination here. Please review our Privacy Policy for information about what we do with your account and Your Content when terminated.

We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Website, Your Content or any other related information.

In the event of any termination, whether by you or us, any sections of these Terms that imply rights or obligations that may exist beyond termination of the agreement will continue in full force and effect, including our right to use Your Content as detailed in section 4.

10. GENERAL

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

Any failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision or a waiver of any further rights hereunder.

If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect, and remain enforceable.

The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

These Terms and the relationship between you and us shall be governed by the laws of the Republic of South Africa without regard to its conflict of law principles. Any claim you may have against us must be submitted to the exclusive jurisdiction of the courts located within the Republic of South Africa.