Terms of Service
Contract to Supply
All users of the Directory and Website (you and/or your Company) on the use of the Directory automatically enter into a Contract to Supply of the Business Directory services to you/your company by Equadoor Web Design & Marketing Services and you/your company agree to be bound by all the Terms & Conditions as published from time to time by ArtPortal.co.za. All categories of Directory Users are provided access to the Directory service by Equadoor Web Design & Marketing Services as its obligation under the Contract to Supply. As part of the consideration for the supply of this service Equadoor Web Design & Marketing Services requires the Contract to Supply to be for a minimum 30 day term (excluding special offers) from the date of entry into the Contract to Supply. After the initial period the service supply will revert to either a month to month or annual renewal basis as selected by you/your company. After the minimum period the Contract to Supply may be terminated, without cause, by either party upon written notice. Termination is subject to these Terms & Conditions.
We can amend these Terms & Conditions.
What we expect from you
You are required to:
Ensure that the material you post or publish to the Directory is accurate, complete, up to date and suitable to your business.
Comply with all relevant Local, State and Commonwealth laws and regulations and, where applicable, all national and international laws and regulation;
Respect our and other users’ rights including but not limited to Equadoor Web Design & Marketing Services intellectual property rights subsisting in material available on or through the Website and Directory.
What you are not permitted to do
You will not:
Use the Directory for illegal purposes including without limitation by posting to the Directory information encouraging conduct that would constitute a criminal offence;
Post to the Directory any material which violates any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether remittable, registered or unregistered) or other rights of any person in any jurisdiction in the world;
Post to the Directory or, if applicable, any Equadoor Web Design & Marketing Services site linked to your listing in the Directory, any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
Post to the Directory or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
Damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website or the Directory;
Use the Directory to engage in misleading or deceptive on-line marketing practices;
Use the Directory to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email, or
Resell, rent or lease our Directory or use of, or access to, our Directory.
You acknowledge that:
Equadoor Web Design & Marketing Services do not review or vet or exercise any direct supervision or control over the content or any material that you or others post on your behalf to the Directory or any associated link;
Equadoor Web Design & Marketing Services are not responsible for the content or conduct of any site linked to or from the Directory Website;
The Website and/or the Directory may experience interruptions and access difficulties from time to time and that Equadoor Web Design & Marketing Services will not be responsible for such interruptions or access difficulties.
All intellectual property rights in data, information and materials utilised in the Directory or on the Website including, without limitation, all software, tools, know-how, methodologies, equipment or processes, shall remain Equadoor Web Design & Marketing Services or our licensor’s sole and exclusive property. You acknowledge and agree that you shall not acquire any rights, title or interest in or to any of our intellectual property rights.
By placing any information or other material in the Directory you grant us a non-exclusive, perpetual, royalty free, unrestricted, worldwide license to edit, reproduce, adapt, translate, exhibit, publish, make available to the public, redistribute, transmit, broadcast, publicly perform, transfer, sublicense and otherwise use such material. This grant includes the right to exploit all intellectual property rights in any such information or other material including but not limited to rights under copyright, trade mark or patent law in any jurisdiction in the world.
Equadoor Web Design & Marketing Services Rights
We reserve the right to:
Refuse to post or to remove any information and/or materials (in whole or in part) that Eqyadoor, in our sole and absolute discretion, regard in any way objectionable or in violation of any applicable law or the Terms & Conditions without notice to you;
Modify, discontinue or terminate any services Equadoor Web Design & Marketing Services offer at any time without notice or liability to you; and
Exclusion of Warranties
We do not warrant that the Directory is error or fault free or that it will meet your requirements.
Except as otherwise expressly stated in these Terms & Conditions, Equadoor Web Design & Marketing Services make no express or implied warranties to you and expressly exclude all warranties, conditions and terms implied by statute, general law, international convention or custom, including without limitation any and all implied warranties with respect to merchantability, fitness for purpose, title and non-infringement, except for any implied condition or warranty, the exclusion of which would contravene any statute or cause this clause to be void.
Limitation and Exclusion of Liability
To the extent permitted by law:
Where the services Equadoor Web Design & Marketing Services provides to you are subject to warranties or terms implied by statute, general law, international convention or custom which cannot be excluded, restricted or modified our liability for breach of any such condition or warranty will be limited to the re-supply of the service(s).
Equadoor Web Design & Marketing Services excludes any and all liability to you or any other person for any loss or damage, whether arising in contract, negligence or otherwise arising out of or in connection with any use of the Website or the Directory or information on or provided though the Website or the Directory.
And without limiting sub clause (2), Equadoor Web Design & Marketing Services excludes all liability to you or any other person (whether in contract, negligence, tort, equity or otherwise) for any consequential, indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits, loss or corruption of data or loss of goodwill, even if Business Directory have been advised of the possibility of such loss or damage.
After the initial period either party may terminate the Contract for Supply, subject to the Terms & Conditions.
In the event of termination you are no longer authorised to add your Directory listing to the Directory, but all restrictions imposed on you, licenses granted by you and all our disclaimers and limitations of liability set out in the Terms & Conditions will survive.
In the event of termination of the Contract to Supply Equadoor Web Design & Marketing Services will not be liable to you for any claims of any kind arising from removal of your Directory listing from the Directory whether on account of the loss by you of present or prospective profits, anticipated orders, expenditures, investments or commitments made, goodwill created or on account of any other cause whatsoever.
Circumstances beyond our control
We will not be liable for any failure or delay in the performance of our obligations to you under the Contract to Supply if that failure or delay is due to circumstances beyond our reasonable control including, without limitation, any act of God or other cause beyond our reasonable control including any mechanical, electronic, communications or third party supplier failure.
We may provide notices to you by simply posting the notice on the Website. This is in addition to any other mode of services permitted by law.
Headings in this Agreement are for convenience only and shall not be used to interpret this Agreement.
In the event that a business, company or individual wishes to terminate their Contract to Supply and any advertising contract with Equadoor, that business may do so after the initial period of thirty (30) days. To terminate the Contract to Supply the Business Directory service you and/or your Company as the authorised company or individual must provide Equadoor Web Design & Marketing Services thirty (30) days’ notice of intention to terminate in writing addressed to Equadoor, PO Box 2041, Modimolle, 0510.
Upon receipt of such a complying termination notice Equadoor Web Design & Marketing Services will confirm the notice with the authorised sender and refund any monies remaining and pre paid by the business, company or individual which extend past the thirty day notice period.
If the business, company, or individual has a direct debit arrangement with Equadoor Web Design & Marketing Services via credit card, bank account or other means, Equadoor Web Design & Marketing Services undertake to authorise the cancellation of such an arrangement upon receipt and confirmation of the termination notice.
In the event of Equadoor Web Design & Marketing Services terminating a Contract to Supply and an advertiser’s listing under the terms of paragraphs 7 and 11 of these Terms of Service, Equadoor Web Design & Marketing Services will automatically refund any fees paid in advance by the business, company or individual as a matter of course.