Terms of Use

Sasfox Terms Of Use

These terms are effective August 31, 2017

Welcome to www.sasfox.co.za (“Sa Small Farmers Online Exchange”). These Terms of Use, the Rules for Posting, the Privacy Notice, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”).

All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services. By accessing the Services you are agreeing to the following terms, which are designed to make sure that the Services work for everyone. Should you not agree to these terms, or any update or change thereto as dealt with below, you should not access or use Sasfox. You affirm that you are 18 years of age or older, or possess the necessary consents to agree to these terms.

Sasfox is provided to you by Bowford Publications (Pty) Ltd (SA Company Reg no 2004/019727/07), also referred to below as “Bowford”.

As a condition of your use of Sasfox you, agree that you will not:

  • violate any applicable laws including but not limited to consumer protection, data protection and intellectual property laws (including their regulations and guidelines);
  • violate any applicable posting rules;
  • post listings that do not show clear, truthful, verifiable, complete and unambiguous information regarding your contact details, the goods, price, delivery and any additional charge;
  • post any threatening, abusive, defamatory, pornographic, obscene, unconstitutional or indecent material;
  • use the Services in any manner that could impair any of our websites or applications in any way or interfere with any party’s use or enjoyment of any such site or application;
  • post any material that is harmful to, harms or could harm minors in any way;
  • be false or misleading or employ false or misleading advertising practices;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Sasfox or the interests or property of Sasfox users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of Sasfox;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access Sasfox and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;
  • use the information available in Sasfox to contact the users or the advertisers for any purpose other than for the use of the Services;
  • bypass measures used to prevent or restrict access to Sasfox.

You are solely responsible for all information that you submit to Sasfox and any consequences that may result from your post. We reserve the right for any or no reason, at our discretion, to refuse or delete or take down content that (or any part thereof) we believe is inappropriate or breaching the above terms. We may, at our discretion, remove ads, put ads on hold or make minor changes thereto, when they do not comply with the Posting Rules. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.

Prices

According to the South African Value Added Tax Act all South African prices must INCLUDE 14% VAT. It is therefore assumed that VAT is included in the price of your advertisement. If you elect to submit an ad specifically EXCLUDING VAT, VAT will be added at a rate of 14% and the inclusive price displayed. Overborder prices will be published as received, and it is up to the buyer to establish whether, and at what rate, VAT is included in the prices displayed in such ads, or not.

Abusing Sasfox.

Sasfox and the Sasfox community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content exercise our discretion when ads do not comply with our policies, and take technical and legal steps to keep users off Sasfox if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content, exercise our discretion when ads do not comply with our policies, or keep a user off Sasfox or not, we do not accept any liability for monitoring Sasfox or for unauthorized or unlawful content on Sasfox or use of Sasfox by users. You also recognise and accept that Sasfox is not under any obligation to monitor any data or content which is submitted to or available on the site.

Marketplace.

Some of Sasfox’s features may display your ad on other sites that are part of the community. You may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is reported on any our sites, or if we believe it causes problems or violates any law or policy.

Fees and Services.

Use of Sasfox is generally FREE, but we charge a fee for certain additional features and services. If the service you use incurs a fee, you will be able to review and accept that charge and any additional terms and conditions applicable, including forms of payment, to the service at the time of purchase. This will be clearly disclosed at the time you post your ad. Our fees are quoted in South African Rand and INCLUDE 14% VAT, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services. These changes are effective when we announce the promotional event or new service.

Our fees are non-refundable, and you are responsible for paying them when they are due. If payment is not received within the stipulated period, we may limit your ability to use the services. If your payment method fails or your account is past due, we may add interest to the overdue amount and collect fees owed using other permissible collection mechanisms.

Content.

Sasfox contains content from us, you, and other users. Sasfox is protected by copyright laws and international treaties. Content displayed on or via Sasfox is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions. You agree not to copy, distribute or modify content from Sasfox without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Sasfox. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Sasfox (other than your own content).

When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyze, and create algorithms and derivative works from your content, or otherwise use such content. Further, to the fullest extent permitted under applicable law, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees.

You represent and warrant that none of the following infringe the licence (or any part thereof) granted to us in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with the Sasfox Terms of Use.

Liability.

Neither Sasfox nor Bowford Publications act as a supplier as contemplated in the South African Consumer Protection Act, or otherwise, and are not the party marketing the goods/services. Sasfox only provides the platform.

As explained above, we are not involved in the actual transactions between users.
Sasfox does not operate as a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto for the purposes of, or in connection with, any transaction on the site. Sasfox also does not fulfil any of the functions (whether as a whole or in part), of a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto, whether in a direct or indirect manner.
As most of the content on Sasfox comes from other users, we do not guarantee or give any warranty or make any representation as to the accuracy and content of postings or user communications or the quality, safety, or legality of what is offered, or with regard to the legal capacity of the users that may conduct or complete any transaction.

You agree not to hold us responsible for things other users post or do.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

Sasfox may promote, endorse and/or contain links to third party sites and/or services and/or goods. These sites, services and and/or goods are beyond the control of Sasfox. Sasfox is not involved in transactions between users and the operators of such third party sites. Sasfox does not accept responsibility for their content, services and/or products.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected.

While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Sasfox, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 South African Rand.

Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.

Personal Information.

By using Sasfox, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage and use of your personal information by Sasfox on servers located in South Africa, the European Union, United States and other locations, and for such purposes, as further described in our Privacy Policy. You also agree that you are giving your voluntary and informed consent to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Security.

In order to ensure the security and reliable operation of the site for all users, Sasfox reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any of the offences shall be liable for all resulting liability, loss or damages suffered and/or incurred by Sasfox and its affiliates, agents and/or partners.

Resolution of disputes

If a dispute arises between you and Sasfox, we strongly encourage you to first contact us directly to seek a resolution by going to the Sasfox Contact us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General.

These terms and the other policies posted on Sasfox constitute the entire agreement between Sasfox and you.

To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of South Africa. You agree that any claim or dispute you may have against Sasfox must be resolved by the courts of South Africa.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Bowford Publications (Pty) Ltd, 370 DaCosta Drive, Bredell AH, Kempton Park, Gauteng, 1619, South Africa. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received seven days following the date of mailing.

We may update this agreement at any time, with changes taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

Mobile Devices Terms
If you’re accessing Sasfox Services from a mobile device using a Sasfox Mobile Application (the “Application”), the following terms and conditions (“Terms of Use”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Application Use.

Sasfox grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your data service agreement). The Application may not contain the same functionality available on the www.Sasfox.co.za website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application.

Intellectual Property – Applications.

Sasfox owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Sasfox’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Sasfox Application.

Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple

  1. These Terms of Use are an agreement between you and Sasfox, and not with Apple. Apple is not responsible for the Application and the content thereof.
  2. Sasfox grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  4. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
  5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  6.  In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
  7. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.