Terms and Conditions

Access to and use of the Website is provided to you by K2016262528 (South Africa) trading as Xchange Connexion (the ‘Company’) subject to the following Terms and Conditions (the ‘Terms and Conditions’).

In using this site you indicate your agreement to be bound by these Terms and Conditions. In doing so, you agree to be bound by the Terms and Conditions of any other documents referred to and incorporated into these Terms and Conditions, and the expression ‘Terms and Conditions’ shall include these other materials.

Changes to the website

You acknowledge and accept that the Company may from time to time alter any aspect of the Website, or any of the services or products provided through the Website, as it thinks fit and without notice to you. Further, the Company may alter the Terms and Conditions at any time without notice. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration. The most current version of the Terms and Conditions can be reviewed by clicking on the “Terms of Use” hypertext link located on the bottom of the Website pages.

Trader Submissions

The Company may provide members with the capability of posting to the website or otherwise transmitting data, text, music, sound, photographs, graphics, video, messages, and other materials to or from this website.

Any information you post to this website or transmit to and from this website will be considered non-confidential with respect to other members. The Company will have no obligations with respect to such Information. By posting and transmitting Information you are solely responsible for the organisation, completeness, accuracy, ownership, publication, and dissemination of such information, and you hereby agree that you and not the Company are entirely responsible for the contents of such Information.

User Conduct

You warrant that in your use of the Website you shall:
(a) use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by any third party;
(b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
(c) without prejudice to the generality of paragraph (b) above, not upload, post, transmit or distribute any material or information in which you do not own the intellectual property rights, or any material which is in any way unlawful or which is potentially harmful, threatening, abusive, libelous, pornographic or otherwise obscene, or racially or ethnically or otherwise objectionable; and
(d) not upload, post, transmit or distribute any material or information which contains a computer virus, time bomb, Trojan horse, worm or other code, files or programs intended or having for effect to disrupt or otherwise adversely affect the operation of the Website or of other Users’ computer systems.
(e) agree that the right to use the Website is personal to you and is not transferable to any other person or entity. You are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of you Account complies fully with provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your password(s), if any.

The Company shall be entitled to remove any material or restrict or terminate your access to the Website in the event that any of the above warranties are breached.

Disclaimer

The contents of the Website (the ‘Contents’) are provided to you by way of general background information only. You should not rely on the accuracy of any part of the Contents.

You accept and acknowledge that the Company, its officers, employees, agents, representatives of any sort, and advisers shall not in any way be liable for any damage, loss, costs or expenses arising directly or indirectly from your downloading of any of the Contents from the Website, or your reliance on or use of any of the Contents for any purpose.

Without prejudice to the foregoing generality, the Company hereby excludes, insofar as permitted by law, all warranties and representations, express or implied, in respect of any of the Contents, including but not limited to any information, names, images, pictures, logos and icons forming part of them, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third party rights or any law, compatibility, security and accuracy.

Hypertext links

The Website and its Contents may incorporate links to the websites and services of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by the Company to you to access such third-party websites, nor an endorsement of the content of such third-party websites by the Company.

You acknowledge and accept that the Company is not, and shall not be held responsible for any damages, loss, costs or expenses arising from the use of such third party websites, or products or services available through such third party websites.

Copyright

Except where expressly indicated otherwise, copyright in all of the Contents of the Website belongs to the Company or its third-party licensors.

Notwithstanding the foregoing, the Company hereby authorises you as a User to:-
(a) view and display the Contents;
(b) download the Contents and store them in your computer, provided that you also download this copyright notice; and
(c) print out the Contents, provided that you also print an acknowledgement in the form set out below and attach it to any printed copy of any of the Contents. Trademarks The names and logos identifying the Website and the Company and its products and services are either
(a) proprietary marks of the Company or
(b) marks which the Company is licensed to use, and nothing in these Terms and Conditions shall confer on you any licence of any such mark or of any other intellectual property right of the Company (subject always to the above provisions relating to copyright).

Termination

The Company reserves the right to terminate forthwith, or to refuse to permit, the use of the Website by any User, at any time and at the Company’s absolute discretion.

General

These Terms and Conditions shall be deemed to include any other policies contained on the Website from time to time, including but not limited to rules relating to the data protection policy of the Company, as set out in the ‘Privacy Policy’.

These Terms and Conditions, the Privacy Policy and any other specific terms of use appearing anywhere on the Website constitute the entire agreement of the parties in relation the use of this site, and the Terms and Conditions supersede any other agreements between the parties in this matter.

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

The rights of the Company and you under these Terms and Conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party’s rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising here from shall be exclusively subject to the jurisdiction of the courts of South AFrica.

Non-acceptance of the terms and conditions

If you do not accept these terms and conditions in full, you do not have permission to access the Contents of the Website and therefore should cease using the Website immediately.