These are the Terms and Conditions of topsa.co.za
Please read these terms and conditions carefully, they contain important information about your rights and obligations.
1. Introduction
1.1 Please read these terms and conditions carefully before using topsa.co.za, operated by Raselle Investments cc. By using topsa.co.za you agree to be legally bound by these terms and conditions, as they may be modified and posted on our website from time to time. You must be over 18 years of age to use our website and order from us.
1.2 If you do not wish to be bound by these terms and conditions then you may not use our website.
2. Nature of our website
2.1 topsa.co.za is a place for you to create and maintain a free company profile page within our online directory. In addition topsa.co.za provides certain services which can be ordered from our website. These include but are not limited to Website Hosting Packages and Advertising space.
2.2 Please note that topsa.co.za is available only to individuals that can form legally binding contracts under applicable law. You agree to become a ‘customer ’ once you create an account or add a link to the Directory. You are not obliged to purchase from us at any stage, however we will retain your e-mail address for marketing purposes.
3. topsa.co.za free directory Services
topsa.co.za provides a free directory profile page service and in order to fund this service we rely on the use of paid advertising on individual directory pages. In some cases this advertising will be competitive to the products and services offered by individual directory pages.
4. Modifications to website
4.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features shall be subject to these terms and conditions.
4.2 Please note that although we try to ensure that the content of our website is accurate, our website may contain typographical errors or other inaccuracies.
5. Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
6. Applicability of online materials
6.1 Unless otherwise specified, all content and materials published on our website are presented solely for your private, personal and non-commercial use.
6.2 Our website is controlled and operated by us from our office in South Africa. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase from us. You assume total responsibility and risk for your use of our website and use of all information contained within it.
6.3 We have used our best endeavours to ensure that our website complies with SA laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the SA. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
7. Copyright and monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is topsa.co.za, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with topsa.co.za. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so. Those in violation will be prosecuted to the fullest extent of the law.
8. Linked sites
topsa.co.za makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from topsa.co.za and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that topsa.co.za endorses or accepts any responsibility for the content, or the use of, such a website and topsa.co.za shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
9. Availability of our website
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
10. Liability
10.1 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Hosting related or Advertising Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of topsa.co.za or our servants, agents or any other person or entity.
10.2 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the products or services concerned and supplied by topsa.co.za.
10.3 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
10.4 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
11. General
11.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
11.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
11.3 These terms and conditions together with the privacy policy, any order form and payment method instructions are the whole agreement between you and topsa.co.za . You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by topsa.co.za or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.
11.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
11.5 These terms and conditions and your use of our website are governed by South African law and you submit to the non-exclusive jurisdiction of the South African court.
11.6 Except in respect of a payment obligation, neither you nor topsa.co.za will be held liable for any failure to perform any obligation to the other due to causes beyond your or topsa.co.za respective reasonable control.
11.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
11.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us).
12. Notices
All notices shall be given:
via e-mail customercare@topsa.co.za or by post to Raselle Investments cc, 22 Flamingo Crescent, Zeekoevlei, 7941, Cape Town, South Africa
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
13. Replacement
These terms and conditions replace all other terms and conditions previously applicable to the use of topsa.co.za.
Raselle Investments cc
22 Flamingo Crescent
Zeekoevlei, 7941
Cape Town
topsa is a trade name of Raselle Investments cc
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