Terms of Use

Last Updated: 14 November 2014

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR USING ANY OF THIS WEBSITE AND ITS SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE.  IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, THEN YOU MAY NOT ACCESS AND USE CHEKPAGES AND ITS SERVICES.

Chekpage.co.za. (“Chekpages”), a division of Chek Africa Holdings, is an online platform that allows small and medium business owners in South Africa to market their businesses online. The following Terms of Use outline your obligations when using Chekpages website, its mobile applications, and its services.

1.) ACCEPTANCE OF TERMS

Chekpages website available at http://chekpages.co.za, its mobile application(s), all related Chekpages and mobile applications, and the various content, features, and its servicesoffered on and in connection with these Chekpages and applications, are owned and operated by Chek Africa Holdings (Pty) Ltd and can only be accessed and used by you under the terms described below (“Terms of Use”).

2.) CHANGE OF TERMS OF USE

Chek Africa Holdings (“owner and operator of Chekpages.co.za”) may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with Chekpages and its Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the this site to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using this website and its servicesand to provide Chekpages notice to remove you from any distribution lists or other communication list that are available to you through your use of this site and its Services. YOUR CONTINUED USE OF CHEKPAGES AND ITS ITS SERVICESAFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

3.) USE OF THE SITE AND ITS SERVICES

Subject to full compliance with these Terms of Use, Chekpages grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Site and its servicesfor your personal and/ or business use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit Chekpages or its servicesor any of their content for any purpose except for your personal and / or business use and as described in this Terms of Use, without the express written consent of Chekpages. Chek Africa Holdings (Pty) Ltd may modify, update, suspend or discontinue Chekpages and its its Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice.  Chek Africa Holdings shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

4. USER CONDUCT

As a condition of your access and use of Chekpages and its servicesand your submission or access to any ratings, reviews, communications, information, data, text, photographs, or other materials on Chekpages and Its services(collectively, the “Content”), you agree not to use Chekpages and its servicesfor any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Chekpages. By way of example, and not as a limitation, you agree not to:

  1. intentionally or unintentionally violate these Terms of Use, other applicable agreement with Chekpages, and any applicable local, provincial, national or international law, and any rules and regulations having the force of law;
  2. use Chekpages and Its servicesin any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
  3. use Chekpages and Its servicesor its Content for any purposes not authorized by this Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
  4. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or Chekpages and Its servicesfor any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Chekpages, which consent may be withheld by Chekpages in our sole discretion;
  5. post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of Chekpages and Its servicesor any activities conducted on Chekpages and Its Services;
  6. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Chekpages, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
  7. knowingly provide or submit false or misleading information;
  8. use Chekpages and Its servicesif you are under the age of eighteen (18);
  9. take any action that would undermine the review and rating process under Chekpages and Its services;
  10. attempt to gain unauthorized access to Chekpages and Its services, other user accounts, or other computer systems or networks connected to Chekpages and Its Services;
  11. use Chekpages and Its servicesin any way that could interfere with the rights of Chekpages or the rights of other users of Chekpages and Its Services;
  12. attempt to gain unauthorized access to any portion or feature of Chekpages and Its Services, or any other systems or networks connected to Chekpages and Its servicesor to any server used by Chekpages by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Chekpages and Its servicesuser;
  13. sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
  14. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden Chekpages and Its Services;
  15. access, download, monitor, or copy any information contained on our Chekpages and Its servicesthrough artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of Chekpages and Its servicesor any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through Chekpages and Its Services; or
  16. probe, scan or test the vulnerability of Chekpages and Its servicesor any network connected to Chekpages and Its Services, nor breach the security or authentication measures on or of Chekpages and Its servicesor any network connected to Chekpages and Its Services. You may not reverse look-up, trace or seek to trace any information on any other user of Chekpages and Its Services, or any other customer of Chekpages, including any Chekpages account not owned by you, to its source, or exploit Chekpages and Its servicesor any service or information made available or offered by or through Chekpages and Its Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Chekpages and provided for by Chekpages and Its Services;

 

  1. CHEKPAGES MEMBERSHIP ACCOUNTS AND OTHER SERVICES

 

When using, accessing, or purchasing particular services or features of Chekpages, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.  For example, Chekpages restricts access to some portions of Chekpages and Its servicesto persons with a Chekpages account.

5. CHEKPAGES MEMBERSHIP ACCOUNTS AND OTHER SERVICES

When using, accessing, or purchasing particular services or features of Chekpages, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.  For example, Chekpages restricts access to some portions of Chekpages and Its servicesto persons with a Chekpages account.

6. REGISTRATION INFORMATION

We may require that you create an account to use or access certain parts of Chekpages and its services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of Chekpages and its services, you agree to (a) provide Chekpages with true, accurate, current and complete information as prompted by the Chekpages’s registration forms, when registering for or using Chekpages and Its services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination.  Please contact us if you have questions about managing multiple accounts.

7. SUBMITTING CONTENT

As a condition of submitting any Content or other materials to Chekpages and its services, you agree that:

  1. you grant to Chekpages a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to Chekpages all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to Chekpages and Its Services;
  2. you grant to Chekpages all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
  3. your name and report information may be made available to the public and to the Service Providers on which you report;
  4. you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Chekpages, and others as described and otherwise contemplated in these Terms of Use;
  5. you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use.

8. SUBMITTING OF REVIEWS AND RATINGS

As a condition of submitting any reviews, ratings or other materials to Chekpages and its services, you agree that:

  1. you are solely responsible for your reviews and ratings;
  2. Chekpages may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
  3. you will not submit any reviews that may be considered by Chekpages to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
  4. all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
  5. all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
  6. you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;
  7. you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
  8. you have not received any form of compensation to post reviews and ratings;
  9. you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
  10. you will not submit reviews that comment on other users or the reviews of other users;
  11. you will not submit reviews with hyperlinks; or
  12. the reviews and ratings that you provide do not reflect the views of Chekpages, its officers, managers, owners, employees, agents, designees or other users.

9. PUBLICATION AND DISTRIBUTION OF CONTENT

Chekpages cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through Chekpages and its services. You acknowledge that Chekpages simply acts as a passive conduit and a web platform for the publication and distribution of user-generated. You understand that all posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Chekpages does not control, and is not responsible for Content or Service Provider Content made available through Chekpages and Its Services, and that by using Chekpages and Its Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.

You further acknowledge that Chekpages has no obligation to screen, preview, monitor or approve any user-generated Content on Chekpages and Its Services. However, Chekpages reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these Terms of Use. By using Chekpages and Its Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through Chekpages and Its Services. Under no circumstances will Chekpages be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via Chekpages and Its Services. You waive the right to bring or assert any claim against Chekpages relating to Content, and release Chekpages from any and all liability for or relating to any Content. Chekpages has no obligation to review, monitor, or remove any Content or other materials, except as required by law.

You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to info[at]chekpages.co.za .

You agree that Chekpages may establish general practices, policies and limits, which may or may not be published, concerning the use of Chekpages and Its Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access Chekpages and Its servicesin a given period of time. You agree that Chekpages has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through Chekpages and Its Services. You agree that Chekpages has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. SERVICE PROVIDERS

Chekpages does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or its services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or its Services, available or unavailable from, or through any third party or Service Provider Chekpages is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service exclusively and do not involve Chekpages. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.

Third parties and Service Providers may link or otherwise direct Internet users to our Chekpages and Its services for the purpose of utilizing one or more of the its services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider website. Chekpages does not control or operate any such third party or Service Provider website. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not Chekpages’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Chekpages will not be responsible or liable for, and does not endorse any content, advertising, goods or its services provided on or through these outside websites or for your use or inability to use such websites. Chekpages does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider on Chekpages. You use these third party or Service Provider from Chekpages at your own risk.

You agree that Chekpages is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Chekpages relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Chekpages from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or its services of, or participation in promotions of, third parties or Service Providers found on or through the use of Chekpages and Its Services, including payment for and delivery or fulfillment of related goods or its Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Chekpages shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on Chekpages and Its Services.

11. HEALTH RELATED PROVIDERS

Chekpages, its services and its content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Chekpages and Its Services.

Chekpages does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on Chekpages and Its Services. Chekpages is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Chekpages, its employees and others appearing on Chekpages and Its services at the invitation of Chekpages, or other visitors to Chekpages and Its servicesis solely at your own risk.

You should be aware that if you post any health-related information about yourself or anyone else on Chekpages and Its Services, you do so at your own risk. If you post health information about its services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. Chekpages is not liable for any such Content. Chekpages cannot be expected to keep your health information confidential if you post it to Chekpages or Its services or otherwise make it available to others.

12.) TERMINATION OF ACCESS

Chekpages may terminate your privilege to use or access Chekpages and Its services immediately and without notice for any reason whatsoever.  Upon such termination, you must immediately cease accessing or using Chekpages and Its services and agree not access or make use of, or attempt to use, Chekpages and Its Services. Furthermore, you acknowledge that Chekpages reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access Chekpages and Its Services.  You understand that Chekpages may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Chekpages.

 

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to Chekpages and Its Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

13.) TRADEMARKS AND COPYRIGHTS

Chekpages, and other Chekpages and Its services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Chek Africa Holdings (Pty) Ltd in South Africa and/or other countries.  These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and material made available on Chekpages and Its services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on Chekpages and Its Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Chek Africa Holdings (Pty) Ltd.

14. DELAYS AND ACCESSIBILITY

Chekpages and Its services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Chekpages is not responsible for any delays, failures or other damage resulting from such problems.

15. USER FEEDBACK

Chek Africa Holdings (Pty) Ltd appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Chekpages and Its Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Chekpages and Its Services, please be specific in your comments regarding chekpages and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Chekpages. In addition, none of the Submissions will be subject to any obligations of confidentiality and Chekpages will not be liable for any future use or disclosure of such Submissions.

16. WARRANTIES AND DISCLAIMERS.

You acknowledge that Chekpages has no control over, and no duty to take any action regarding: which users gain access to or use Chekpages and Its Services; what effects the content on or in connection with Chekpages and Its services may have on you; how you may interpret or use the content on or in connection with Chekpages and Its Services; or what actions you may take as a result of having been exposed to the content on or in connection with Chekpages and Its Services. You release Chekpages from all liability for you having acquired or not acquired content or information through Chekpages and Its Services. Chekpages and Its services may contain, or direct you to Chekpages containing, information that some people may find offensive or inappropriate. Chekpages makes no representations concerning any content contained in or accessed through Chekpages and Its Services, and Chekpages will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through Chekpages and Its Services. Chekpages makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE CHEKPAGES AND ITS SERVICES AT YOUR OWN RISK. CHEKPAGES AND ITS SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER CHEKPAGES NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH CHEKPAGES AND ITS SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF CHEKPAGES, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT CHEKPAGES AND ITS SERVICES. IN NO EVENT WILL CHEKPAGES OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL CHEKPAGES OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF CHEKPAGES AND ITS SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF CHEKPAGES AND ITS SERVICESIS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHEKPAGES OR THROUGH OR FROM CHEKPAGES AND/OR ITS SERVICESSHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, CHEKPAGES DOES NOT REPRESENT OR WARRANT THAT (I) CHEKPAGES AND/OR ITS SERVICESWILL MEET YOUR REQUIREMENTS, (II) CHEKPAGES AND/OR ITS SERVICESWILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CHEKPAGES AND/OR ITS SERVICESWILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, ITS SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH CHEKPAGESWILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CHEKPAGES’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

CHEKPAGES SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE ITS SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND CHEKPAGES HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Chekpages has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content.  You release Chekpages from all liability for you having acquired or not acquired Content through Chekpages and Its Services. Chekpages makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through Chekpages and Its Services, and Chekpages will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through Chekpages and Its Services.

Chekpages and Its services may display links to other websites and resources.  Because Chekpages has no control over such websites and resources, you acknowledge and agree that Chekpages is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such webpages or resources.  You further acknowledge and agree that Chekpages shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or its services available on or through any such site or resource.

17. INDEMNITY

You agree to indemnify, defend and hold harmless Chekpages, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Chekpages or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Chekpages will have sole control of the defense of any such damage or claim.

18.) LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHEKPAGES, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CHEKPAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), WITH RESPECT TO CHEKPAGES AND ITS SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND ITS SERVICES; (B) THE COST OF ANY GOODS AND/OR ITS SERVICESPURCHASED OR OBTAINED AS A RESULT OF THE USE OF CHEKPAGES AND ITS SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND ITS SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH CHEKPAGES AND ITS SERVICES; (F) ANY OTHER MATTER RELATING TO CHEKPAGES AND ITS SERVICES; (G) ANY BREACH OF THESE TERMS OF USE BY CHEKPAGES OR THE FAILURE OF CHEKPAGES TO PROVIDE THE ITS SERVICESUNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT CHEKPAGES, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE AND ITS SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED R1000.00 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you.

19.) NOTICE

By using Chekpages and Its Services, you consent to receive electronic communications from Chekpages (via email or via a posting on the Chekpages), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Chekpages may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on Chekpages and Its Services.

20.) ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to this Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Chekpages. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Chekpages regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Chekpages under these Terms of Use.

21.) GOVERNING LAW

These Terms of Use and the relationship between you and Chekpages will be governed by the laws of the Republic of South Africa, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of Chekpages and Its services or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

22.) MISCELLANEOUS

If you breach any term of this Terms of Use or other agreement with Chekpages, Chekpages may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Chekpages’s remedies are cumulative and not exclusive. Failure of Chekpages to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. This Terms of Use is not assignable, transferable or sublicensable by you except with Chekpages’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Chekpages and Its servicesare responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Chekpages as a result of these Terms of Use or use of Chekpages and Its Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms of Use.

23.) CONTACTING US

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at info[at]chekpages.co.za. We will address any issue to the best of our abilities.

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