Terms and Conditions

1. General Terms and Conditions

1.1. Acceptance of terms and conditions

    These terms and conditions govern the basis under which Link South Africa offers you the opportunity to advertise on the Link South Africa website who’s URL is www.linksouthafrica.co.nz.

    By placing any form of advertisement in any of the Link South Africa website directories or on any Link South Africa webpage you are deemed to have accepted these terms and conditions in totality and without reservation.

1.2. Amendment of terms and conditions

    Link South Africa may amend these terms and conditions from time to time in whole or in part without specifically giving you notice of any kind or soliciting your agreement to such amendments.  Amended terms and conditions will be effective immediately upon posting them on the Link South Africa website.
 
1.3. Definitions

    In these terms and conditions, the following expressions have the following meanings:

    ADVERTISEMENT means any solicitation, notice, text, graphic, or otherwise, in any format or form that offers any form of product or service to any other person or segment of the public at large.

    ADVERTISER means any person who advertises in any of the Link South Africa website directories or on any Link South Africa webpage.  In context, these terms and conditions may also refer to an Advertiser as YOU or YOUR.

    DIRECTORY means any or all of the active directories which form part of Link South Africa website including but not limited to the business directory, the social directory, the jobs directory and the classifieds directory.

    LINK SOUTH AFRICA means the company Link South Africa Limited incorporated in New Zealand. 
In context, these terms and conditions may also refer to Link South Africa as THE COMPANY, US, WE, or OUR.

    SERVICES means any one or more of the services offered by Link South Africa from time to time including availability of the Website and provision of advertising space.

    USER means any person who avails themselves of any advertisement in any Link South Africa website directory either to purchase or make enquiries into any advertised product or service or to contact any Advertiser for whatever reason.  In context, these terms and conditions may also refer to a User as YOU or YOUR.

    WEBSITE means the website situated at www.linksouthafrica.co.nz.

1.4. Your sole responsibility

    You are solely responsible for ensuring that you are familiar with the current terms and conditions and your use of the Link South Africa services and website represents your acknowledged and unqualified agreement to be bound by the terms and conditions as amended.

You are solely and legally responsible for the content, accuracy and legality of any advertisement you place on our website.  You should not include any information in your advertisements that is contrary to law, morality or public policy, or that is untrue, misrepresentative, misleading or fraudulent.

You make contact with other users of our website entirely at your own risk and you alone are legally responsible for your interactions with all other parties.  You specifically acknowledge and agree that Link South Africa has no responsibility or liability, legal or otherwise, for any actions occurring between you and any other party.  You specifically acknowledge and agree that we are not responsible for ensuring compliance with these terms and conditions by any other party.

1.5. Your warranties to us

    By placing an advertisement on our website you warrant that
 

• you can form a legally binding contract either in your own name or in the name of the organization you purport to represent
• you accept all Link South Africa terms and conditions without reservation
• you accept that you have purchased advertising space on our website and that you are bound to pay for such advertising unless specifically relieved from this obligation by Link South Africa in part or in whole
• you accept all prices prevailing at the time of purchase of your advertisement
• the goods and services that you are advertising are legal, and that you have the right to sell them, and that you have the right to transfer ownership to any purchaser of your goods and services

1.6. Our right to suspend or remove your advertisements

    Without limiting any other remedies available to us, we reserve the right to suspend or remove any of your advertisements at our sole discretion without any liability to refund any monies paid by you or to justify our actions in any way.

2. Advertising Rates & Refunds

    2.1. Link South Africa offers a paid advertising service.  Advertising rates will be published on the website and include all sales taxes and consumption taxes such as Goods and Services Tax (GST).  Advertising rates can be changed at any time by Link South Africa without prior warning.  The rates published on the website at any time are considered to be the prevailing rates for the purpose of concluding a contract of purchase and sale between us and you.  At the time of placing an advertisement you specifically agree to pay the prevailing rates.  The default method of payment is by way of a valid credit card.  At its sole discretion, Link South Africa can offer payment terms by way of invoice but has no obligation to do so.

    2.2. Once purchased, Link South Africa will endeavour to publish your advertisement on the website as soon as possible.

    2.3. Once you have placed an advertisement, Link South Africa has no obligation or liability whatever to refund any amounts paid by you, in whole or in part, if you decide, or if we decide, to discontinue your advertisement for whatever reason.

    3. Your obligations as an Advertiser

    3.1. You undertake to provide all details required by Link South Africa to conclude your placement of advertisement with us.  This includes providing us with your full names, physical and postal addresses, email addresses, contact telephone numbers and any other information or identification we may require related to you, your company, your products, or your services

    3.2. You warrant that any information contained in any advertisement that you place with us is true, correct and complete and contains no misinformation or misrepresentations of any kind at the time of publication and that you have personally verified this to be the case

    3.3. You accept without reservation that you are solely responsible for the content of your advertisements appearing on our website (including hyperlinks to your own or any other website) and that the placement of any advertisements on our website does not constitute our recommendation or endorsement of any advertised product or service.  You accept sole responsibility for any representations made in your advertisements

    3.4. You agree to comply with all applicable laws when using our Services and our website and when dealing with any other Advertiser or User.

    3.5. You will only interface with our website manually and through a web browser and you are not permitted to programmatically or otherwise automatically interface with our website.  This includes “spidering” or interfacing in any way for the purpose of harvesting information from our website

    3.6. Your advertisements will not contain any words or references that are obscene, abusive, defamatory, threatening, harassing, illegal or objectionable.  This includes wording, phrases, messages, terminology, images or any other form of information that can be entered on our website.  We will be the sole judge and adjudicator of what is considered to be a breach of this obligation.  We reserve the right to refer any such material to the relevant authorities in cases of breach or suspected breach of this obligation.

4. Your obligations as a User

    4.1. You are solely responsible for ensuring the authenticity and accuracy of any advertisement on our website and for ensuring the credentials of any Advertiser.  You are similarly responsible for ensuring that any product or service you purchase from any Advertiser on our website is fit-for- purpose, is legal, and whose ownership can be transferred to you. 

    4.2. You are solely responsible for exercising due diligence in all actions and activities conducted between you and any Advertiser and you specifically acknowledge and agree that we have no liability to you whatsoever for any loss or damage you may suffer as a result of transacting with any Advertiser.

5. Disclaimer

    5.1. You expressly understand and agree that

• Your use of our website and our services is exclusively at your own risk
• Link South Africa disclaims to the maximum extent permitted by law all warranties, express or implied, contained in any of your advertisements or reference materials including but not limited to warranties of merchantability, fitness for purpose, and non-infringement.
• Link South Africa makes no warranty whatsoever that the Services will be provided uninterrupted, timeously, securely or error-free or will meet your requirements.  We offer the Services in good faith and availing yourself of our Services constitutes your express confirmation that you have fully familiarized yourself with the Services and have deemed them suitable for your purposes.
• No advice, notice, or other information obtained by you from Link South Africa, via the website or otherwise, shall create any form of warranty not expressly stated in these terms and conditions.
  
• 6. Limitation of Liability
  
  • 6.1. Link South Africa expressly states, and you expressly understand and agree that we shall not be liable under any circumstances for any direct, indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, lost sales, goodwill, use of data, or other tangible or intangible losses that you may or claim to have suffered as a result of using our services or the inability to use our services for whatever reason.
    6.2. We shall not be liable for any costs incurred by you in the procurement of substitutionary services to those provided by us.
    6.3. We shall not be liable in any way or the conduct or statements of Users or third parties in relation to your advertisements or products or services.
    7. Indemnity
    7.1. You agree without reservation or exception to indemnify Link South Africa and its personnel from and against all claims, liability, loss, costs and expenses (including all legal costs) incurred or suffered by us in respect of
    • Any information of whatever description contained in any of your advertisements
    • Any material including but not limited to text, images, photographs, or any other visual or auditory material posted by you on our website, even if we have deemed it to be inoffensive but any other User deems otherwise
    • Any death, personal injury or damage to property that you, your products or your services may cause
    • Your breach of these terms and conditions or any applicable law.
    8. General Provisions

8.1. Intellectual Property Rights
Link South Africa owns all intellectual property rights and all other proprietary rights of whatever description in or on our website including but not limited to all text, articles, graphics, logos, icons, photographs, sound clips or any other visual or auditory materials underlying or forming part of the services or the website itself.  This includes the website design and the license to use the software with which the website was developed.  We also own all rights to the name Link South Africa and to the website URL.  You may not, in any form or by any means, use, adapt, reproduce, copy, store, or create any derivative works from any part of the website of which any of our intellectual property.

8.2. Systems Integrity
Regarding system integrity, Link South Africa will use its reasonable endeavours to ensure the availability of our services and the website, subject to reasonable downtime for maintenance.  However, we take no responsibility for any system unavailability or downtime, or for any loss that is incurred by any other party as result of such unavailability or downtime.

8.3. Resolution of disputes
Link South Africa is not party to any dispute between any Advertiser or User and any other Advertiser or User and you agree not to involve, or attempt to involve, Link South Africa in any disputes or resolution of disputes between you and any other party.

8.4. Force Majure
Link South Africa has no liability for any lack of performance, unavailability or failure of the services or the website, or for any failure by us to comply with these terms and conditions where the same arises from any cause reasonably beyond our control.

8.5. No Waiver
If we do not exercise or enforce any right available to us, or enforce any obligation applicable to you, it does not constitute a waiver by us of those rights.

8.6. Partial Invalidity
If any provision in these terms and conditions becomes or is held to be invalid, unenforceable, or illegal for any reason and in any respect, that provision shall be severed from the remaining terms and conditions which shall continue in full force and effect.

8.7. Governing Law
These terms and conditions and you usage of our website are governed by New Zealand law and you submit to the non-exclusive jurisdiction of New Zealand courts.

8.8. Entire Agreement
These terms and conditions constitute the entire agreement between us and you and supersede all previous terms and conditions, understandings, commitments, agreements and representations of whatever nature or however communicated between us and you.

8.9. Privacy
You accept and agree that by advertising on our website, or by contacting anybody who is advertising on our website, you will of necessity give other people access to you personal contact details or those of the organization you represent.  You specifically agree that this in no way amounts to a breach of your privacy by Link South Africa and that you have willingly invited contact by other people through your use of our services and website and hold us harmless with regard to all matters related to your privacy.