TERMS OF SERVICE AND END USER AGREEMENT
PLEASE READ CAREFULLY BEFORE USING LOOKING FOR. YOUR USAGE OF LOOKING FOR OR ANY SERVICES PROVIDED THROUGH LOOKING FOR IS SUBJECT TO THESE TERMS. YOU AGREE TO BE BOUND BY THE TERMS PRESENTED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE LOOKING FOR IN ANY WAY OR FOR ANY PURPOSE WHATSOEVER.
ACCEPTANCE OF THE TERMS
This document sets out the legal agreement and terms thereof between you (either an individual or legal entity) and S.A.L. Fourie t/a Looking for (“Administration” or “we” or “us”), whose principal place of business is situated at 28 Bergstedt str,Fichard Park, Bloemfontein, 9301.
These terms are accepted by you when you actually use the Services of Looking for. You may print a copy of these terms for your records and we recommend you to do so. These terms will be effective from the date of acceptance thereof until terminated by you or us in accordance with these terms.
You cannot accept these terms if:
(a) you are not lawfully entitled to use the services under any applicable laws
in the country in which you are located or resident; or
(b) if you are not of legal age to form a binding agreement with us.
By accepting these terms you acknowledge and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s express permission to do so, if required by the applicable law. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any laws. In some countries there may exist legal and/or other restrictions on usage of the services and/or downloading, installing and/or using of products, portions of products, software which are or might be available through the services. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction. We shall not be liable to you or anyone as a result of your failure to comply with the legal restrictions that may apply to you.
INTELLECTUAL PROPERTY RIGHTS
The content of the Looking for application, including but not limited to the name of the application, the visual interface, any designs or graphic displays, the source code and the manner of operation and design thereof, remains the exclusive property of S.A.L. Fourie t/a Looking for. Should you use, imitate, distribute or copy any of the intellectual property of Looking for in any way or form, without the express and informed consent of Looking for, you and anyone through you may by agreement be held liable for damages and the costs of any demand or legal or dispute resolution process, as determined in these terms.
We grant to the end user a limited, non-sublicensable, non-exclusive and revocable license to access and make use of Looking for, the mobile applications and the materials solely in accordance with, and subject to, these terms. Except as otherwise expressly permitted by these terms, you may not collect, use, copy or distribute any portion of Looking for; resell, modify or otherwise make any derivative uses of any portion of Looking for, the Mobile applications or the content thereof; use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of Looking for;use Looking for in a manner which results in the depletion of web site infrastructural resources; download (other than page caching) any portion of Looking for, the content or any information contained therein or use Looking for or the content thereof other than for its intended purposes.
NOTICES AND CLAIMS
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Services, electronic mail to a user’s email address in our records, or by written communication sent by mail. In accordance with the applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the services of Looking for and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the services infringes upon any copyright which you own or control, you may send a notification of such infringement to: firstname.lastname@example.org.
TERMINATION OF THE TERMS / AGREEMENT
You may terminate relationship with us at any time by closing your Looking for application, or otherwise by ceasing to use the services and deleting the application. You acknowledge and agree that by terminating your relationship with us in the way stipulated in this section you will lose all access to Looking for and it will no longer be available to you. We will not be responsible and will not have any obligation to restore and/or reinstate your Looking for application or any data you may have lost. Without limiting other remedies, Looking for may suspend or terminate these terms with you, or may terminate or suspend your use of the Services at any time if:
(a) you are in breach or default of these terms;
(b) you are engaged in illegal actions, or infringe proprietary rights, rights of
privacy, or intellectual property rights of any person, or any third party
rights, or otherwise create risk or possible legal exposure for us;
(c) required by applicable laws/regulations and within the time limits as
required by such laws/regulations;
(d) we decide to cease offering the Services generally.
Upon termination of these Terms:
(a) all licenses and rights to use the services shall immediately terminate;
(b) you will immediately cease any and all use of the services.
Any suspension or termination of this Terms will not affect your obligations to us under these terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality), which reasonably are intended to survive such suspension or termination. We reserve the right to change or modify any provisions of these terms or guidelines governing your use of the services, at any time in our sole discretion and without liability to users. Any such changes or modifications will be effective immediately upon posting of revisions on Looking for. Your continued use of the Services following the posting of such changes or modifications constitutes your acceptance of the Terms. Therefore, you should frequently review these terms or guidelines on Looking for in order to understand the terms and conditions applicable to your use of the services. If you do not agree to any changes or modifications to these terms or to any applicable policies or guidelines, your sole recourse is to stop using the services.
EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
Looking for is intended to provide a portal and access to link service providers in the various sectors, as mentioned in the application content, to the end user. The end user is and will only be a consumer of the services and products provided by the service provider introduced through Looking for. Apart from this, the end user will only be a consumer of Looking for insofar as the use of its application interface is concerned. Looking for will at all times list and recommend reputable service providers to the end user to the best of its ability, but Looking for does not warrant any standard of work or product of the service provider to the end user, nor does Looking for guarantee that any service provider will actually perform services requested or introduced through Looking for. The end user uses the services of the service provider entirely at his/her/its own risk and will not hold Looking for liable for any reason related thereto. We further do not represent or warrant that the services will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free, or will operate without packet loss, nor do we warrant any connection to or transmission from the internet.
You acknowledge and agree that we shall have no liability whatsoever, whether in contract, tort (including negligence) or any other theory of liability or operation of law, and whether or not the possibility of such damages or losses has been notified to us, in connection with or arising from your use of the services provided to you through Looking for. Your only right or remedy with respect to any problems or dissatisfaction with such services is to immediately cease use of services. Furthermore, you acknowledge and agree that neither us nor anyone else who has been involved in the creation, production or delivery of the services shall be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to us, for (a) any indirect, special, incidental or consequential damages; or (b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or (c) any damage to or corruption of data (whether direct or indirect). If any third party brings a claim against Looking for in connection with, or arising out of: breach of these terms; breach of any applicable law or regulation; your infringement or violation of the rights of any third parties (including intellectual property rights), you will indemnify and hold us harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
CONFIDENTIALITY AND SECURITY
We respect the confidentiality of the end user’s personal information. The end user’s financial and bank data is not held or used by Looking for directly. The payment facility we use in the website is provided by a third party, PayFast. As such, all bank details, financial and transaction data is kept by the third party. Should the end user need to access such data, he or she will need to approach the third party directly. We reserve the right to access the end user’s personal and financial details held by the third party, only in the event of a dispute arising between Looking for and the end user which reasonably requires the perusal or inspection or application of the end user’s aforementioned details.
These terms, together with the transactional interface of the Looking for application constitute the agreement and relationship between you and Administration with respect to your use of the services. If any provision of these terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the terms without affecting the legality, validity or enforceability of the remainder of the terms. The failure by Looking for to exercise, or delay in exercising, a legal right or remedy provided by these terms or by law shall not constitute a waiver of our rights or available remedies. We may make changes to these terms from time to time and we will publish the changes at this link www.Lookfor.co.za. The changes will be effective when published. Please review the terms on a regular basis. You acknowledge and agree that your express acceptance of the terms or your use of the services after the date of publication shall constitute your agreement to the updated terms. If you do not agree with the amended terms, you may terminate the agreement as set out herein. If we are unable to provide the services as a result of force majeure, we will not be in breach of any of its obligations towards you under these Terms. These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. The exclusive jurisdiction and venue of any action with respect to the subject matter of these terms will be a competent Court in the Republic of South Africa and the parties hereto waives any objection to jurisdiction and venue in such courts. Despite the a foregoing, Looking for reserves the right to seek injunctive relief in any jurisdiction where and when it may be necessary.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FOR THE USE OF LOOKING FOR. YOU FURTHER CONFIRM THAT BEFORE YOU AGREE TO THESE TERMS, YOU HAD AN OPPORTUNITY TO OBTAIN LEGAL ADVICE AT YOUR ELECTION. BY CONTINUING TO THE SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS YOU GRANT TO ADMINISTRATION THE RIGHTS SET FORTH HEREIN.