TERMS & CONDITIONS

PLEASE READ THE TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE AND OUR SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITE AND/OR OUR SERVICES. ALTERNATIVELY CONTACT THE SITE ADMINISTRATOR FOR FURTHER ENQUIRIES:

1. GENERAL

The Site is operated by:
       Christian Rudolf Gudde.

BusinessPortal-SA is a sole proprietor duly registered in terms of the Laws of South Africa with its registered office and postal address at:
       No.: 16 5th Avenue,
       Parktown North,
       Johannesburg,
       2193,
       South Africa.

This Agreement is a legal agreement that governs our relationship with users and others that interact with BusinessPortal-SA and affiliates in connection with the use of this website, subsidiaries and our Services, which include but not limited to mobile applications and applications available on social networking sites and other platforms, and our downloadable products, the applications, the downloadable products and all services provided by BusinessPortal-SA in connection therewith shall be referred to collectively as, the "Services". BusinessPortal-SA may offer additional services or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated.

All visitors to our Site, registered or not, are "users" of the Services for purposes of this Agreement. Users agree that BusinessPortal-SA shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.

Use of the specific Services may be subject to additional terms and conditions, and such terms and conditions will be listed in this Agreement, presented or accessible to you when you sign up to use the provided by this site Services and/or upon request made to BusinessPortal-SA. All additional terms are incorporated by reference into this Agreement with or without notice unless otherwise indicated, effective immediately upon posting of such alterations on our site continued use of our site after modifications, constitute acceptance of the revised and/or amended provisions.

This Agreement does not alter in any way the terms or conditions of any other agreement currently in existence with BusinessPortal-SA for products, services or otherwise.

We reserve the right to cease offering any of the Services with or without notice to users.

2. MEMBERSHIP & SUBSCRIPTIONS PAID SERVICES
  1. If users purchase any Services that we offer for a fee, such as a subscription to our Services, users authorise BusinessPortal-SA and our designated payment processors to store your payment card information and other related information. Users also agree to pay the applicable fees for the Services (including without limitation periodic fees for ongoing subscriptions (the "Subscription Fees") as set forth on the Services as they become due plus all related taxes (including without limitation sales and use taxes or other governmental taxes or fees). All fees and charges are nonrefundable and there are no refunds or credits for any partially used subscription periods except:
    1. as expressly set forth in this Agreement,

    2. as otherwise required by applicable law and

    3. at BusinessPortal-SA's sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice.

  2. Payment shall be by credit card and/or EFT via PayPal. BusinessPortal-SA charges you for Services through the payment method you select when originally purchasing the Services (the "Payment Method") and you agree to make payment using that Payment Method. If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorised to charge your Payment Method.

  3. The Administrator may be contacted directly to ascertain the site policy and procedure on: site subscription, non termination or continued use of Paid Services and cancelation of Subscriptions.

  4. In the event that users submit to us a payment for Services that does not match the price for the Services you selected, BusinessPortal-SA shall have the right, in its sole and absolute discretion, to (1) return or refund all or some of the amount of user payment, (2) apply all or some of user payment amount to other similar Services that have a purchase price less than the amount of user payment, (3) apply all or some of the amount of user payment to the purchase of our virtual currency or (4) apply user payment in any combination of the foregoing ways. BusinessPortal-SA reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

3. RECORDS

  1. Because the Services are provided electronically, users must consent to BusinessPortal-SA users providing important information electronically, if users wish to use the Services. Consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively "Records"), rather than in paper form. Users consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that BusinessPortal-SA may be required to provide to a user.

  2. Electronic Records will be provided on our Sites and Services or sent to the email address associated with user accounts. Users may wish to print out all Electronic Records and keep them for their records. If users have any trouble printing out, downloading, and/or accessing any Electronic Records, users may contact us in writing at the address provided above. In order for users to access and retain Electronic Records sent by BusinessPortal-SA, users must have the following hardware and software: a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the BusinessPortal-SA website and the ability to receive and read emails. To print the Electronic Records, users will also need a printer.

  3. Users may withdraw their consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by BusinessPortal-SA are only available if users agree to receive Electronic Records, and understand that withdrawing such consent will result in users account being deactivated.

4. USER CONTENT

  1. BusinessPortal-SA only provides the channel for Members/Users to publish and/or distribute their business information and is not the publisher of User Content.

  2. It is your responsibility to decide which information to publish or send as User Content (which will be visible to other Users or Internet users). BusinessPortal-SA will not be responsible for any misuse of such User Content by any other User or third party.

  3. Save as set out in the Confidentiality Policy, we will not disclose any personal details supplied by users that are not publicly displayed in your profile without your prior consent.

  4. BusinessPortal-SA reserves the right to exercise editorial control over profile and picture content, but accepts no liability for User Content (including pictures) or other activities of Users which may breach the rights of other Users or third parties.

  5. BusinessPortal-SA does not verify the accuracy or truth of any information published by Users. You should therefore conduct your own independent investigations to verify the accuracy of User Content published or sent by other Users and be careful when dealing with other Users.

  6. We do ask Users to notify us of inappropriate, false and/or fraudulent User Content. Users acknowledge that such notification may take place and that we may take steps outlined in these Terms in respect of such information which comes to our attention if it relates to User Content published or sent by you.

  7. We reserve the right not to accept or to suspend, redact or remove from the Site and the Services all or part of any profile or any other User Content for any reason and, if we do so, we will not enter into correspondence with you regarding the suitability of such User Content.

  8. We assume no responsibility for the deletion of or failure to store your User Content, including profile details and photographs. Further, you must ensure that you save any messages you wish to keep.BusinessPortal-SA cannot guarantee that offensive or inappropriate material will be removed or deleted from the Site in every case, but any failure to do so in a particular case will not affect our right to remove or delete similar material in subsequent cases.

5. SERVICE

Our Service provides users with the ability to register and regularly update your profile, utilise certain services offered from time to time, other communication services, browsing, e-commerce offerings, and various informational services. BusinessPortal-SA reserves the right to modify, edit, or discontinue its services, in whole or in part, at any time, for any reason or no reason at all, at our sole discretion, with or without notice to you and without obligation to you.

We may also impose limits on certain features of our Service or restrict your access to parts and/or all of the website without notice or liability.

6. MEMBER INFORMATION

By registering and accepting this Agreement, you represent and warrant that (a) all information submitted by you is true, accurate, current and complete; and (b) you shall maintain and update information submitted in order to keep it truthful, current, accurate, and complete at all times. If any information that you submit during the registration process is untrue, inaccurate, out of date or incomplete, BusinessPortal-SA reserves the right to terminate your use of the Service.

7. CODE OF CONDUCT

Users agree to use this website in accordance with the following Code of Conduct:
  1. Users will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;

  2. Users will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;

  3. Users will not forward chain letters through the Service;

  4. Users will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;

  5. Users will not post messages, pictures or recordings or use the Service in any way which:

    1. violates, plagiarises or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or

    2. Is fraudulent or otherwise unlawful or violates any laws within the Republic of South Africa;

  6. Users will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, commercial advertising, or solicitation for goods, donations, or services;

  7. Users will not use the Service to distribute or upload any virus, Trojan horses, or do anything else that might cause harm to the Service, BusinessPortal-SA systems, or to other members' systems in any way.

  8. Users will not post or transmit in any manner any contact information including, but not limited to, email addresses, Instant Messenger nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information; and

  9. Users will not engage in any activity that constitutes or facilitates "spamming" or the sending of mass unsolicited messages.

  10. Users shall not hold themselves out as sponsored by, endorsed by or affiliated with BusinessPortal-SA. Users shall not attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by BusinessPortal-SA in connection with the BusinessPortal-SA Site or the Services offered.

8. MONITORING

We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines which may be applicable from time to time.

9. REMOVAL OF INFORMATION

While we do not and cannot review and or validate every message, or other material posted or sent by users, and while we are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation of profiles, public postings and messages that we, in our sole discretion, deem as unacceptable and/or violates the Code of Conduct set forth above or any applicable content guidelines. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.

10. TERMINATION

This Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.
  1. Termination by BusinessPortal-SA. Notwithstanding anything to the contrary in this Agreement, BusinessPortal-SA may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses).

  2. We also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to BusinessPortal-SA by you will be nonrefundable. All decisions as to the refundability of the fees are in BusinessPortal-SA's sole discretion.

  3. Termination by User. Users may deactivate or terminate their account at any time, for any or no reason, by accessing the "User Account Settings" page of your account. Except as otherwise provided by law or in this Agreement, you will not be entitled to any refund of the fees you have paid to BusinessPortal-SA and all outstanding or pending payments under the terms of your subscription will immediately be due and payable.

11. DISPUTES AND INDEMNIFICATION

  1. Disputes. Our goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint prior to initiating any legal action. Users agree that any dispute arising from this Agreement or about or involving the Services will by governed by the laws of South Africa, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. The user agrees to submit to the sole and exclusive jurisdiction of the appropriate dispute resolution procedure prior to engaging legal representation.

  2. Indemnity. Users agree to defend, indemnify and hold BusinessPortal-SA, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney's fees, due to or arising out of:

    1. your use of or inability to use the Services,

    2. any User Content or Submission you provide or transmit through the Services,

    3. your conduct in connection with the Services or our users,

    4. your violation of any of the terms of this Agreement,

    5. your violation of any rights of a third party or

    6. your violation of any applicable laws, rules or regulations.

12. COPYRIGHT AND LIMITED LICENSE

  1. The Services contain the copyrighted material and other proprietary information of BusinessPortal-SA and its licensors or users including without limitation, the BusinessPortal-SA logo and all designs, text, graphics, pictures, video, information, data, software, sound files, other files and the selection and arrangement thereof (collective, "Proprietary Materials").

  2. Users are granted a limited, non-sub licensable license to access and use the Services and Proprietary Materials, subject to the terms and conditions of this Agreement. You agree that you will not:

    1. copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so;

    2. "frame" or "mirror" any part of the Services, without our prior written authorisation;

    3. use meta tags or code or other devices containing any reference to BusinessPortal-SA or the Services in order to direct any person to any other website for any purpose;

    4. resell or make any commercial use of the Services;

    5. use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;

    6. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;

    7. use any automated methods or processes to create user accounts or

    8. use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as specifically authorised herein, without the prior written consent of BusinessPortal-SA, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license is revocable at any time.

13. CONFIDENTIALITY POLICY

Please also read our confidentiality policy regarding personal information you submit on our website.

14. DISCLAIMERS

  1. BusinessPortal-SA PROVIDES THE SITE, THE PROPRIETARY MATERIALS AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

  2. BusinessPortal-SA DOES NOT REPRESENT AND WARRANT THAT:
    1. YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS,

    2. ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR

    3. THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BusinessPortal-SA DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.

  3. BusinessPortal-SA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, BusinessPortal-SA DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

  4. BusinessPortal-SA DOES NOT:
    1. GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR

    2. ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OF THE SERVICES OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN BusinessPortal-SA. UNDER NO CIRCUMSTANCES WILL BusinessPortal-SA BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
15. LIMITED LIABILITY

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BusinessPortal-SA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BusinessPortal-SA, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO BusinessPortal-SA RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL BusinessPortal-SA AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES.

  2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BusinessPortal-SA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICES.

  3. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENCES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.