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These Terms and Conditions govern the User's use of the Maklike.co.za Website located at the domain name http://www.maklike.co.za. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out herein.
"Client Registration" means the registration process to which these Terms and Conditions inter alia relate, for completion by the Client wanting to list his information on the Website;
"Client” means the party that contracts with Maklike.co.za to list their products and/or services with Maklike.co.za via the Website, and includes the Client's representatives, successors and permitted assigns;
"the ECT Act" means the Electronic Communications and Transactions Act, 2002.
"Terms and Conditions" means these terms and conditions;
"Website" means the website operated by Maklike.co.za and located at http://www.maklike.co.za, including any page, part or element thereof; and
"User" means any person who accesses or uses the Website, and shall include the Client.
The User agrees to be bound by these Terms and Conditions and agrees that Part 2 of Chapter 2 of the ECT Act is specifically excluded insofar as these Terms and Conditions vary the provisions of that Part.
The User agrees that this agreement is concluded in Johannesburg, South Africa when the User first accesses the Website.
Maklike.co.za will be deemed to have received any data messages sent by the User if and when Maklike.co.za responds to such message or receipt thereof is acknowledged. An automated acknowledgement of receipt will not be deemed to be an acknowledgment of receipt for purposes of this clause.
The User will be deemed to have received any data messages that have been sent by Maklike.co.za when the complete data message enters an information system designated or used for that purpose by the User.
If a User does not receive a response from Maklike.co.za to any data message sent to Maklike.co.za, the User should contact Maklike.co.za, but Maklike.co.za shall not be liable for any failure to respond to any data message sent by the User.
Maklike.co.za provides an online business directory service that allows every client to display their Business as a listing on our online directory that is accessible to users from all over the world. By having listed on our directory users will have access to your contact information, logo, description of your business, website and a link to your website at the region and category that you may feel suites your business best.
All services are subject to the terms and conditions set forth in these Terms and Conditions.
Whilst Maklike.co.za will take all reasonable steps to ensure that the listings are provided in accordance with these Terms and Conditions and are current, Maklike.co.za does not guarantee that such listings will be available or current at all times as it does not have direct control over the third party suppliers, and Maklike.co.za shall therefore not be responsible for any loss, damage, injury, additional cost, accident, delay or irregularity that may be occasioned by any error, default, act or omission of any supplier.
If a Client wishes to list his information with Maklike.co.za, the Client must do so by completing the Registration Process via the online Sign Up registration process on Maklike.co.za website.
The Client warrants that the information supplied in the Registration Process is true, correct, updated and complete.
Where the Client’s listing includes a trademarked or copyrighted name and/or image, the Client warrants that he has the necessary authority to make use of such name and/or image and to list same on the Website. Maklike.co.za shall bear no liability for the Client’s incorrect or unauthorised use of the trademarked or copyrighted name and/or image.
A completed Registration Process submitted by the Client for the provision of listing services will constitute an offer made by the Client to Maklike.co.za for the provision of the listing service on the Website.
Upon completing the Registration Process, Maklike.co.za will confirm the acceptance for listing with the Client by sending the Client an email to this effect. An agreement for the listing service is only deemed to be concluded between the parties and the Client's offer accepted when Maklike.co.za receives the Registration Process and sends the Client confirmation in respect of the listing.
The Client hereby agrees that such transaction constitutes an electronic communication as defined in the ECT Act and that a binding agreement has been concluded between Maklike.co.za and the Client.
Maklike.co.za reserves the right to refuse a Client listing, and is not obliged to provide reasons for such refusal. In addition, should Maklike.co.za deem it necessary to delete a listing and terminate a contract with a Client, Maklike.co.za shall be unilaterally entitled to do so on written email notice to the Client.
In the event of the Client wanting to cancel or amend a listing for any reason, a request for such cancellation or amendment must be made in writing to Maklike.co.za.
In the event of cancellation or amendment by the Client, the Client may be liable for an additional fee that will be communicated to the Client prior to such cancellation or amendment being effected.
The advertiser and/or his agency shall be solely responsible for the truthfulness of any representation in the advertisement, for possessing the legal right to the advertisement and for any legal liabilities arising out of the advertisement. Maklike.co.za shall be deemed harmless from all liability arising from the advertisement.
Maklike.co.za shall not be liable for any errors or omissions in an advertisement's content. Under no circumstances shall Maklike.co.za be held accountable or liable for any loss or consequential damages arising out of reliance on any advertisement.
Maklike.co.za reserves the right to reject, omit or exclude any advertisement for any reason and at any time with or without notice to the advertiser or the advertiser's agency whether or not such an advertisement was previously acknowledged, accepted or published. Maklike.co.za shall not accept liability for such actions.
Maklike.co.za does not accept advertising for inappropriate content. Maklike.co.za shall be the final judge regarding such content.
Cancellations regarding advertising must be made in writing at least 10 days before the advertisement is to appear. Advertisers or their agencies are responsible for payment for advertisements that are not cancelled within these terms.
No conditions other than those set forth herein shall be binding on Maklike.co.za unless specifically agreed to in writing by Maklike.co.za . Maklike.co.za will not be bound by conditions printed or appearing on any documents submitted by or on behalf of the advertiser.
Maklike.co.za will not be liable for any delays in delivery and/or non-delivery in the event of an act of God, action by any government entity, transportation, network difficulties, electronic malfunction, etc. or any condition beyond the control of Maklike.co.za affecting production or delivery in any manner.
Maklike.co.za reserves the right to cancel any contract with the advertiser where the payment of fees has not been received in a timely manner.
Maklike.co.za has a number of professionals who provide professional advice and guidance in a variety of fields. The information provided by
these individuals in no way reflects the views of Maklike.co.za and Maklike.co.za cannot be held responsible for the outcome of any advice given or reliance on such advice.
Before making any decision or taking any action which might affect you, your business or career you should obtain specific and pertinent advice for particular situations from the appropriate sources, experts, Professional Boards, State Departments, etc.
All intellectual property rights in all materials and content made available through this Website are owned by Maklike.co.za or a third party, or alternatively Maklike.co.za is the lawful user thereof, and are protected by both South African and international intellectual property right laws. The User agrees not to do anything that may infringe Maklike.co.za intellectual property rights in this regard, including but not limited to unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material.
The User warrants that it will not use the Website in any way that will infringe any person's intellectual property rights, and that it recognises and uses any content in accordance with Maklike.co.za intellectual property rights.
Any content downloaded from the Website may only be used for personal, non-commercial purposes, and no further reproduction or any form of distribution is allowed.
Maklike.co.za represents and warrants that it shall diligently provide the listing service in accordance with the Terms and Conditions.
Maklike.co.za depends on the Client to provide the information and images on this website. Maklike.co.za makes no representation, warranties or guarantees about the accuracy, completeness or reliability of the content of the Website, accepts no responsibility for any inaccuracies, errors, omissions or misinterpretations relating to the content of the Website, and accepts no liability or responsibility whatsoever for any loss or damage, whether direct, indirect or consequential in nature, suffered by any User arising out of or in connection with access to, use of or reliance on the Website and any content therein.
Where the Client lists trademarked or copyrighted information and/or images, the Client supplying such trademarked or copyrighted information and/or images hereby warrants that same provided to Maklike.co.za may be lawfully used on the Website, and indemnifies Maklike.co.za against any liability for the incorrect or unlawful usage thereof.
Maklike.co.za makes no representation, warranties or guarantees that the Website will be accessible at all times, as the Website may from time to time be offline due to circumstances beyond the reasonable control of Maklike.co.za. In addition, Maklike.co.za does not guarantee that the functional aspects of the Website will be uninterrupted or error-free or that
this Website or the server that provides it are free of viruses or other harmful components. Furthermore, no liability of whatever nature is accepted for any loss, liability, damage or expense resulting directly or indirectly from the access and/or downloading of any files or information attached to the Website.
The Website contains links to third party websites with information or material produced by other parties. Maklike.co.za does not control these linked sites, and is not responsible for any content, updates, links or changes to these linked sites. A link to another service or site is not an endorsement or support of any products or services on such a site by Maklike.co.za.
Users link to other off-site pages or other sites strictly at their own risk. Maklike.co.za does not make any representation as to the security, quality or propriety of any website attached to the Website. Maklike.co.za bears no responsibility or liability for the availability of these external sites or resources or in respect of any services or products available through any such linked sites.
Maklike.co.za shall not be liable for any loss or damage, direct or indirect, special, consequential or otherwise, sustained by the User or its agents or assigns arising from any changes, omissions, cancellations or curtailments of any of the product/service information provided by Clients.
In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that Maklike.co.za shall not be liable for any other loss or damage, direct or indirect, special, consequential or otherwise, sustained by the Users or their agents or assigns arising from any cause whatsoever, including gross negligence and wilful or fraudulent misconduct, whether as a result of any breach of the provisions of the Terms and Conditions by Maklike.co.za or any act or omission on the part of Maklike.co.za or its employees, or whether caused directly or indirectly by the service provided or the use thereof, and the User indemnifies Maklike.co.za in respect of any such liability.
Save as specifically provided for herein, Maklike.co.za gives no warranties, express or implied, whether arising by operation of law or otherwise, with regard to the services provided.
Security Measures: We take the security of your personal information seriously and implement reasonable measures to protect it from unauthorized access, disclosure, alteration, or destruction.
Sharing with Selective Users: We may share your personal information with selective users or third parties in certain circumstances, such as when you give us explicit consent or when required by law.
POPIA Compliance: We are committed to complying with the provisions of the Protection of Personal Information Act (POPIA) and other relevant data
protection legislation.
b. Rights of Data Subjects: As a user, you have the right to access, update, and delete your personal information. If you wish to exercise any of these rights, please contact us using the information provided in Section 8.
a. Cookies: Our website may use cookies and other tracking technologies to enhance your browsing experience. By using our website, you consent to the use of cookies in accordance with our Cookie Policy.
The Client selects as domicilium citandi et executandi the addresses and email addresses set out on the Registration Process contemplated in terms hereof.
Any written notices in respect of these Terms and Conditions shall be sent by email and shall be deemed to have been received on the day of transmission.
These Terms and Conditions, including all transactions concluded on the Website, and all matters arising therefrom or in connection therewith are governed by and interpreted in accordance with the laws of the Republic of South Africa.
In the event of there being any dispute between the Maklike.co.za and the User arising out of these Terms and Conditions and/or any contract concluded between the parties, such dispute shall on written demand by either party be submitted for arbitration in Johannesburg in accordance with the rules of the Arbitration Foundation of Southern Africa ("AFSA"), which arbitration shall be administered by AFSA. The arbitrator(s) in any such matter shall be appointed by AFSA, and the arbitration may be conducted on an urgent basis.
Nothing herein contained shall be deemed to prevent or prohibit a party to the arbitration from applying to the appropriate court for urgent relief or for judgment in relation to a liquidated claim.
These Terms and Conditions are binding and enforceable against all Users that access and/or list on this Website or make use of this Website or any part thereof.
Use of the Website is entirely at the User's own risk and such User shall assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information contained on the Website.
A breach of any of these Terms and Conditions by the User entitles Maklike.co.za to take appropriate legal action against such User, should Maklike.co.za deem such action appropriate.
These Terms and Conditions constitute the whole of the agreement between Maklike.co.za and the User relating to the subject matter hereof, and Maklike.co.za shall not be bound by any representation, warranty, promise or the like that is not recorded herein unless it has been expressly agreed to by Maklike.co.za and reduced to writing. No representation, term, warranty, or express or implied condition shall be considered to be or to have been made or agreed or implied by reference to any other writing, advertisement or conversation.
Any indulgence which Maklike.co.za may grant to the User shall not constitute a waiver of any of Maklike.co.za 's rights, and Maklike.co.za shall not thereby be precluded from exercising any rights against the User which may have arisen in the past or which might arise in the future.
Maklike.co.za reserves the right to amend these Terms and Conditions from time to time without notification to the User. By accessing the Website, the User will be bound by the latest version of the Terms and Conditions, as published on the Website. The Client assumes the responsibility of ensuring that the latest version of the Terms and Conditions have been read and accepted.
The provisions and clauses of these Terms and Conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms and Conditions which is or becomes invalid, illegal or unenforceable for any other reason whatsoever shall, only to the extent that such provision or clause is invalid, unlawful or unenforceable, be treated as pro non scripto and the remaining provisions and clauses of these Terms and Conditions shall remain of full force and effect.
Save for the Terms and Conditions, all Maklike.co.za general information set out on this Website are maintained as sources of general information.