SayWhere Terms & Conditions:
1 SayWhere My Community is a Sub-Project of the Saywhere Synciated Mobile Portals in South Africa.
1 SayWhere & OpenMag t/a My Community Saywhere Portal (hereinafter referred to as "My Community Portal"), is a Community Project in South Africa.
2 My Community Portal will host your business listing for you FREE, the lister (hereafter referred to as the "SayWhere Member"), for unlimited/Pre-Definded period of time (the Term) corresponding with the Listing Option plan chosen by the SayWhere Member.
3 The SayWhere Member agrees to an online, paperless subscription and acknowledges that all the information that is submitted online is true and correct to the best of their knowledge. The SayWhere Member agrees that the act of submitting the order form online is in lieu of their signature.
4 The SayWhere Member agrees to receive the My Community Portal Newsletter which forms part of either the FREE or any other business listing.
5 The SayWhere Member acknowledges that the service furnished, rates and charges have been communicated to the SayWhere Member. The SayWhere Member is aware that My Community Portal reserves the right to change the specified rates and charges from time to time.
6 The terms & conditions for our free subdomain name offers are plain and simple. We will host the subdomain name for 1 year on your behalf for a minimal fee. The webdesign is not included in the subdomain.
7 My Community Portal will never require clients to advertise for My Community Portal on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.
8 My Community Portal reserves the right at its sole discretion to refuse or cancel a service. Violation of any of My Community Portal Terms and Conditions could result in a warning, suspension, or possible account termination.
9 My Community Portal may temporarily deny service or terminate this Agreement upon the failure of SayWhere Member to pay charges when they become due.
10 The SayWhere Member hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall My Community Portal be liable to the SayWhere Member for any damages resulting from or related to any failure or delay of My Community Portal in providing access to the internet under this Agreement. In no event shall My Community Portal be liable to the SayWhere Member for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The terms of this section will survive any termination of this Agreement.
11 The SayWhere Member acknowledges that My Community Portal will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the My Community Portal website.
12 The SayWhere Member agrees not to harm My Community Portal, its reputation, computer systems, programming and/or other persons using My Community Portal` services.
13 My Community Portal will not change passwords to any account without positive written proof of identification. Under no circumstances will the account be put on hold until a personal crisis e.g. breakup, divorce etc. are resolved. My Community Portal will under no circumstances be held liable for any losses incurred by SayWhere Member during this time of determination of ownership, or otherwise. The SayWhere Member agrees to indemnify and hold harmless My Community Portal from any and all claims arising from such ownership disputes. The terms of this section will survive any termination of this Agreement.
14 Any disputes will be attempted to be handled by the parties in of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in the business region of My Community Portal in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this section will survive anytermination of this Agreement.
15 This Agreement constitutes the entire agreement between the SayWhere Member and My Community Portal with respect to the My Community Portal services and supersedes all prior agreements between the SayWhere Member and My Community Portal. By signing up on the website, you agree that an Agreement exist and that it was done electronically. This Agreement supersedes all representations made to the SayWhere Member. My Community Portal` failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this section will survive any termination of this Agreement.
16 Material accessible to you through My Community Portal Services may be subject to protection under the South Africa (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the My Community Portal Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the My Community Portal Network. If you use a domain name in connection with the My Community Portal Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
17 My Community Portal will not be held responsible for any damages your business may suffer. My Community Portal makes no warranties of any kind, expressed or implied for services we provide. My Community Portal disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by My Community Portal and its employees and/or suppliers. My Community Portal makes a 99.9% Uptime guarantee. My Community Portal keeps daily backups of their servers and can not accept responsibility for any loss of data or consequences arising from this. My Community Portal always advises clients to back up their site data regularly for its own protection. Restore of data is billable by My Community Portal.
18 SayWhere Members indemnify My Community Portal for the violation of any law or My Community Portal policy, that results in loss to My Community Portal or the bringing of any claim against My Community Portal and/or their employees and/or their Suppliers. This means that if My Community Portal is sued because of activities of the SayWhere Member that violate any law, or this policy, the SayWhere Member will pay any damages awarded against My Community Portal, plus costs and reasonable legal fees. All fees would be payable upfront. Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation. My Community Portal services are provided as is without warranties of any kind, either express or implied. My Community Portal reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice. The terms of this Section will survive any termination of this Agreement.
19 The SayWhere Member agrees to indemnify and hold My Community Portal harmless from any and all claims resulting from or connected with any activities conducted by the SayWhere Member. The SayWhere Member and My Community Portal will promptly notify the other upon receipt of any claim or legal action arising out of activities of this agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.