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Terms of Use
Introduction
These terms of use
Legal age and capacity
Definitions
The Service
What the Service includes
The basis on which you may access the Service
Registration with Books4Change
Users’ code of conduct
Licenses
Books4Change’s license to you
Your license to Books4Change
Delivery Options
Delivery Methods
Delivery Cost
Delivery Times
International Delivery Methods and Cost
Lost or Stolen Items
Secure payments
Instant EFT
Ukash
Credit Card
Bank Deposit or Electronic Funds Transfer (EFT)
Refunds and returns policy
Privacy policy
Software and equipment
Liability
Disclaimers and limitation of liability
Indemnity
Rights infringment
Dealings with third parties
Governing law and jurisdiction
Legal service of documents and notices
We may monitor your communications
Severability
Termination
Disclosures required by the ECT Act
General terms
Introduction
We make our Service available on condition that you accept these terms of use as they are and without modifications. These terms of use are a binding contract between you and us so it is very important that you read them carefully and ensure that you understand and accept them.
If you access and/or use the Service, we will take that to mean you have read and understand these terms of use and agree to them. If you do not agree with any provision contained in these terms of use, please do not use the Service or any of the services.
We reserve the right, in our sole discretion, to, and you agree that we may, amend these terms of use at any time, in any way and from time to time. We will notify you if and when we amend these terms of use. These amendments shall come into effect immediately and automatically.
It is your responsibility to review these terms of use regularly and to ensure that you agree with any amendments to these terms of use. If you do not agree with any amendments to these terms of use, you may no longer make use of the website or the services.
Only we may amend these terms of use and when we do so, it will be in writing.
Chapter VII of the ECT Act grants rights to any natural person (in other words, living human beings) who enters or intends entering into what is known as an “electronic transaction” with us on the Service. None of these terms of use are intended to limit the rights the ECT Act grants you.
Any reference in these terms of use to a party shall, if such party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.
Legal age and capacity
You may not use the Service and may not accept these terms of use if you are a person barred from receiving the Service under the laws of the Republic of South Africa or other countries including the country in which you are resident or from which you use the Service.
In using the Service and/or the content you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being these terms of use.
Content accessible through the Service may not be appropriate for all users and while we take steps to monitor and remove objectionable content, it remains solely your responsibility not to consume inappropriate content or prevent under age users from accessing this content where it is within your control to do so.
Definitions
These terms of use may contain a number of terms and phrases which have a specific meaning in this document. In these terms of use, headings are for convenience and shall not be used in its interpretation;
Unless we indicate to the contrary in these terms of use, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa;
The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings –
- “access” when used in the context of the Service, means to visit, use, load in a web browser, mobile phone or similar software application or device or otherwise engage with the Service;
- “content” means primarily text documents written on a variety of topics;
- “books” means new and used books;
- “content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service;
- “the ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
- “intellectual property” means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which we own, license, use and/or hold (whether or not currently) on or in connection with this Service;
- “know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods we use in connection with this Service, as well as, all available information regarding marketing and promotion of the products and services described in this Service, as well as all and any modifications or improvements to any of them;
- “post” means to upload, publish, transmit, share or store;
- “RIC Act” means the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002;
- “Service” means Books4Change’s services provided on or through the website as detailed below;
- “terms of use” means these terms and conditions of use, as amended from time to time;
- “trademarks” means those trademarks we own (or which we are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which we own or have the right to use or any derivative service offerings of, and applications for, any of same;
- “website” means each and every website we own, host, operate or administer including, but not limited to, the website located at http://www.books4change.co.za.
- “you” means users of and visitors to the Service as well as any other person seeking to interact with the Service;
- “Books4Change”, “us” and “we” means A Mulder trading as Books4Change,
When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa;
All annexures, addenda and amendments to these terms of use form an integral part of these terms of use and, therefore, our contract with you.
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The Service
What the Service includes
Books4Change provides a marketplace for books. Books will be rated based on their condition.
The Service’s users may -
- sign into the website using a username and password they select;
- subscribe to a newsletter;
- submit book reviews;
- submit titles of books users would like to sell to Books4Change, to us; and
- request books users would like to purchase through Books4Change (we are unable to guarantee that we will be able to locate the requested books and/or make them available to users for sale).
The basis on which you may access the Service
We offer the Service to you on or through the website subject to these terms of use. The Service may also be subject to additional terms of service in which case we will notify you of this fact.
We may offer discounts or special offers from time to time and, when we do, we may publish details of these discounts and special offers on the website, on the Web and/or in our communications with you. These discounts and special offers will be subject to these terms of use as well as any other terms and conditions which we may determine are applicable.
Books4Change constantly strives to improve your experience of the Service. In doing so, we may add new services and modify or even discontinue existing services without notice to you and in our sole discretion. We may also include advertisements in the Service, where appropriate, or on the website. You agree to this.
You are free to stop using the Service at any time without notifying us.
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Registration with Books4Change
You are required to register for the Service if you wish to make use of certain of the services or access certain parts of the Service. Registration with Books4Change through the Service is achieved using a registration form available on the website.
To the extent you are required to submit further personal information to Books4Change (“registration data”), the use of that personal information is governed by the privacy policy set out below.
You warrant that your registration data is accurate, current and complete. You may be denied access to the Service should you breach this warranty or subsequently be found to have breached this warranty.
We may take steps to verify your registration data once you have completed the requisite registration process. You agree to this verification process and irrevocably consent to Books4Change gaining access to relevant information held by third parties which may be reasonably required to complete the verification process.
Should you not agree to the verification process or withhold your consent as contemplated above, your membership of the Service may be suspended or terminated. Similarly, if the verification process is not successful, you agree that your access to the Service may be blocked and you waive any claims you may have against Books4Change, its officers, directors, employees, servants, agents and/or contractors arising out of Books4Change’s denial of access to you to the Service.
Your acknowledge and agree that access to the Service may be limited until such time as the verification process has been successfully completed.
You agree that the security of your account is solely your own responsibility. You further agree that –
- you are responsible for maintaining and promptly updating the registration data and any other information you provide Books4Change with, thereby keeping it accurate, current and complete;
- if you believe the security of your account has been compromised in any way, you will notify Books4Change or Google immediately (whichever may be most appropriate in the circumstances);
- if you believe that information or content posted to the Service infringes on any person’s rights in any way, you will notify Books4Change immediately;
- you shall be held fully responsible for any misuse or compromise to your account for which Books4Change is not properly notified; and
- if any security violations are believed to have occurred in association with your account, Books4Change has the right to suspend access to your account pending an investigation and resolution.
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Users’ code of conduct
You may not use the Service or the content for or in conjunction with any illegal, unlawful or immoral purposes or as prohibited by these terms of use.
You may not frame this website or any of the pages on the Service in any way whatsoever without the prior written permission of Books4Change. Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.
You agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:
- spam or otherwise send unsolicited messages to users through or on the website;
- engage in any activity intended to entice, solicit or otherwise recruit users of the Service to join an organisation except where such activities are expressly authorised by Books4Change in writing and published to the Service;
- take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the Service;
- use the Service to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
- use the Service to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";
- use the Service in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others, including (without being limited to) the transmission of pirated software;
- use the Service in any manner which could damage, impair, overburden or disable the services or interfere with any other party's use or enjoyment of the services;
- use the Service to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
- gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the Service to collect or attempt to collect personal information about third parties without their knowledge or consent; and
- violate the privacy of any person or attempt to gain unauthorised access to the Service or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
- use the Service to engage in any illegal or unlawful activity.
Should you engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights it may have, to:
- without notice, suspend or terminate your access to the Service (including, but not limited to, the website);
- bill you for any costs we incur, including (without being limited to) bandwidth, administration costs, downtime, usage of Books4Change’s name or registered domain names and resources; and/or
- notwithstanding our privacy policy below, disclose any information relating to you, whether public or personal, to all persons affected by your actions.
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Licenses
Books4Change’s license to you
Books4Change grants you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive licence to access the Service. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the services which we provide you with, in the manner permitted by these terms of use. In the event we revoke this license, you may no longer access the services.
You may not (and you may not permit anyone else to) copy, modify, create an adaptation of, reverse engineer, de-compile or otherwise attempt to extract the source code of the website or any part thereof, unless this is expressly permitted or required by law, or unless we have specifically told you that you may do so, in writing.
Unless we have given you specific written permission to do so, you may not transfer, through an assignment of rights, sub-licence or otherwise, your rights to use the Service or otherwise transfer any part of your rights to use the Service.
To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any content is expressly permitted (such permission to be interpreted in its most restrictive sense) you may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original content are retained and displayed without alteration or modification and not in any manner obscured or removed.
You acknowledge that you do not acquire any ownership rights or rights of use in or to any content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that content where permitted to do so.
Caching of the website shall only be permitted if:
- the purpose of caching is to make the onward transmission of the content from the website more efficient;
- the cached content is not modified in any manner whatsoever;
- the cached content is updated at least every 12 (twelve) hours; and
- the cached content is removed or updated when we require you to do so.
Your license to Books4Change
Books4Change does not claim any ownership rights in the content that you post or submit to the Service. You retain any rights that you may have in your content when you post or submit your content to or otherwise access the Service, subject to the limited license you grant to Books4Change.
By posting or submitting any content on or through the Service, you grant to Books4Change a non-exclusive, fully-paid, royalty-free, non-transferrable and worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, distribute such content solely on or through the Service including without limitation, distributing part or all of the Service or content in any media formats and through any media channels and make use of the content in Books4Change’s advertising campaigns.
This limited license does not grant Books4Change the right to sell or otherwise distribute your content outside of the Service. You may remove your content from the Service on written request to us. We will remove your content as soon as reasonably practicable after we receive your written request to do so. At that point, the license you grant Books4Change in respect of that specific content will terminate.
The license you grant to Books4Change means that -
- you are free to license your content to anyone else in addition to Books4Change,
- Books4Change is not required to pay you for the use of the content you post to the Service,
- Books4Change is able to use its affiliates, sub-contractors and other partners such as Internet content delivery networks and wireless carriers to provide the Service, and
- the license extends to anywhere in the world because of the global nature of the Internet and the the fact that Books4Change’s users can access the content from anywhere in the world.
Because you can only lawfully license content you have certain rights in, you represent and warrant that:
- you own copyright in the content you posted on or through the Service or otherwise have the right to grant the license set forth in this section, and
- posting your content on or through the Service does not violate the privacy rights, publicity rights, copyright, contractual rights or any other rights of any person or entity.
You also agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any content you post on or through the Service.
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Delivery Options
Delivery Methods
Free Delivery: Delivery via the South African Post Office to your nearest Post Office counter. Please submit a postal address. This can be a street address or post office box.
Post Office Express: Delivery via the Post Office's Speed Services Couriers to your nearest Post Office counter.
Door-to-Door: Delivery via courier to your door. Please submit a street address where someone will be present to receive the parcel.
Collecting from the Post Office: When the parcel card arrives in the mail you can collect your order from the stated Post Office - remember to take the parcel card and your ID with you.
Delivery Cost
Free Delivery: Available on all local orders (orders to be delivered in South Africa) via the Post Office, at no extra charge.
Post Office Express: Available on all local orders at a flat rate of R50 per order.
Door-to-Door: Available on all local orders at a flat rate of R120 per order.
Delivery Times
We dispatch all orders, unless otherwise stated, within 24 hours of receiving payment confirmation.
Free Delivery: Please allow 3 to 5 working days (longer during the Christmas holiday season) for the parcel to reach your nearest Post Office.
Post Office Express: Next day (8am - 5pm) unless dispatched on a Friday or Saturday, in which case it will be delivered on the following Monday (no delivery on weekends).
Door-to-Door: Next day (8am - 5pm) unless dispatched on a Friday or Saturday, in which case it will be delivered on the following Monday (no delivery on weekends).
International Delivery Methods and Cost
International delivery is available worldwide, either by standard mail or by the customer's choice of standard mail or airmail. Orders are shipped via the South African Post Office, and then routed through the local postal service.
Delivery cost varies depending on the delivery address for the order, and is calculated on a flat rate plus cost per item.
See the zones below for an indication of delivery cost for your destination. For a more accurate calculation based on destination plus desired items, view your shopping cart (you have to be signed in to view delivery cost).
Parcels will likely be subject to customs fees and import duties for their destination countries. These fees are the recipient's responsibility.
| ZONE | ZONE COVERAGE | AIRMAIL | STANDARD | ||
| Flat rate | Per item | Flat rate | Per item | ||
| A | Major destinations in this zone include Botswana, Comoros, Kenya, Namibia, Seychelles, Swaziland, Ascension Island and St. Helena. | R 108 | R 8 | R 102 | R 4 |
| B | Major destinations in this zone include Angola, Lesotho, Madagascar, Mozambique, Reunion, Rwanda, Uganda, Zambia and Zimbabwe. | R 159 | R11 | R 159 | R 6 |
| C | Northern Africa and the Middle East. Major destinations in this zone include Israel, Nigeria and the U.A.E. | n/a | n/a | R 147 | R11 |
| D | Europe, Russia and former USSR states. Major destinations in this zone include Austria, Germany, the U.K, France, Italy, Netherlands and Switzerland. | n/a | n/a | R 155 | R 7 |
| E | Americas and the Caribbean (except Canada). Major destinations in this zone include the U.S.A., Mexico and Brazil. | n/a | n/a | R 122 | R12 |
| F | Asia Pacific and Canada. Major destinations in this zone include Australia, Canada, China, Taiwan, Japan and New Zealand. | n/a | n/a | R 115 | R 7 |
Lost or Stolen Items
All items that are lost or stolen in the mail will be refunded for the full purchase price by means of a cash-back voucher which can only be used at books4change.co.za. This can only happen upon confirmation from the South African Post Office that the item was lost or stolen.
Due to the nature of our shop we will unfortunately not be able to guarantee that the lost item can be replaced with the same or a similar product.
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Secure payments
Instant EFT
Only available to South African buyers. Instant EFT is PayFast's patented, method of EFT mediation which enables a buyer to pay via EFT (Electronic Funds Transfer or Internet banking) but without the hassle of a two-day waiting period or faxing proof of payment.
-The buyer selects items to buy on Books4Change.co.za, and clicks Checkout when ready to pay.
-The buyer selects PayFast as their payment option and is redirected to PayFast, where the buyer is required to register or log in to PayFast.
-PayFast guides the buyer through the payment process where the user is prompted to pay the appropriate amount via EFT from their Internet Banking.
-The buyer opens a new browser window and logs into their Internet Banking and pays the appropriate amount to their "PayFast Wallet" beneficiary/recipient (set up only once).
-After successful payment, the buyer logs off Internet Banking and returns to the PayFast payment window and clicks Verify Payment.
-PayFast verifies funds received and after the buyer confirms the transaction, they are returned to the Seller's site.
-Both the Seller and the Buyer receive confirmation of the transaction and Books4Change starts the shipping of the goods as soon as possible.
Ukash
Available to South African and international customers. Ukash is a voucher based payment system which is regulated by the UK's Financial Services Authority (FSA). It is very secure, and allows cash consumers to transact on the Internet through the use of vouchers.These vouchers can be purchased at retail outlets around South Africa (and other countries around the world) wherever you see the Ukash logo.
Ukash payments are effected through our secure payment gateway, PayFast. Simply enter your unique Ukash pin code (found on your Ukash voucher) when prompted. Visit the Ukash website for more details.
Ukash vouchers are available in the following countries:
UK, Ireland, Spain, Portugal, Italy, Greece, France, Belgium, Netherlands, Germany, Austria, Sweden, Denmark, Norway, Finland, Estonia, Latvia, Poland, Czech Republic, Hungary, Russia, Ukraine, Slovenia, Cyprus, South Africa, Australia, Canada, Uruguay, China, Bolivia, Colombia and Malta.
Credit Card
Available to South African and international customers.
We support the use of Visa and Mastercard credit cards through our secure payment gateway, PayFast. Your account login, personal details and all money transactions are secured using Secure Socket Layer (SSL) technology with high security 256 bit encryption.
3D Secure: Verified by Visa and Mastercard Securecode
Transactions over a certain limit will be subject to 3D Secure verification. 3D Secure is a technical standard created by Visa and MasterCard to further secure CNP (Cardholder Not Present) transactions over the Internet. Mastercard brands their system as 'MasterCard SecureCode' and Visa call theirs 'Verified by Visa'. 3D Secure protects your credit card against unauthorised use when you shop online. This simple service enables you to validate transactions you make over the internet by supplying a personal code. It also helps protect your account from fraudulent use by an unauthorised individual.
Bank Deposit or Electronic Funds Transfer (EFT)
Available to South Africans only. If the buyer chooses to pay by Bank Deposit, he/she will be directed to a printable order form with information on how to deposit moneys into our Books4Change Nedbank account.
-Please use your order number in the reference section of the deposit slip or Internet transfer.
-Proof of payment can be sent to info@books4change.co.za or faxed to 086 693 9539 to speed up the verification process.
-Transfers can be made via Internet banking or via a cash deposit at your bank.
-Please do not make transfers from ATMs.
-Cheque deposits are subject to a clearing period.
-If payment is not received within 2 working days, your order will be cancelled.
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Refunds and returns policy
If you are not satisfied with a book you have purchased from us for whatever reason, you may return the book to us within 30 days of purchase for a refund, payable within 30 days of receipt of your returned book.
Books must be returned by mail in the same condition you bought them in to Books4Change, 13 Van Spilbergen Street, Strand, 7140, South Africa.
Any shipping/delivery or related costs incurred will be deducted from the refund, unless we made an error with your order, in which case we will cover the return shipping cost.
The refund value is only equal to the price you actually paid for the item/s regardless of the price advertised on the website.
As a precautionary measure against fraud, refunds can only be granted once the money has been cleared in our bank account.
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Privacy policy
Books4Change shall take reasonable steps to protect your personal information. For the purposes of this clause “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.
Books4Change may electronically collect, store and use personal information with your consent (if you don't consent to this, please do not register on the website). This personal information includes, but is not limited to, the following:
- name and surname;
- contact details;
- address details;
- personal preferences;
- non-personal browsing habits and click patterns;
- email address; and
- IP address.
Books4Change collects, stores and uses the personal information described in order to (but not limited to the following) –
- communicate requested information to you, for example through user alerts;
- communicate information to you regularly, for example through newsletters;
- deliver books purchased to their purchasers;
- compile and maintain the website and member database;
- register and/or authenticate users of and/or visitors to the website and/or Service;
- identify and take reasonable measures to prevent fraudulent uses of or access to the website;
- compile non-personal statistical information about browsing habits, click patterns and access to the website;
- attract advertisers by showing anonymised information about the database, for example demographics;
- track database size and growth; and
- track compliance of registrants and third parties with these terms of use.
The personal information is collected either electronically (for example, through the use of cookies) or is provided voluntarily by users of and/or visitors to the website. You may determine cookie use independently through your web browser settings.
Personal information collected from you may be deleted from the website and member databases when your account on the website is terminated for any reason.
Books4Change may collect, maintain, save, compile, share, disclose and sell the information subject to the following:
- Books4Change shall not disclose personal information unless the person from whom the personal information is collected, consents thereto;
- Books4Change shall disclose the information without your consent only where Books4Change is compelled to do so by law; and
- Books4Change may compile, use and share any of the information that does not relate to a specific individual.
In the event that your personal information is inaccurately or incompletely reflected on the website, you agree that it is your responsibility to notify Books4Change of this fact and to supply Books4Change with the accurate or complete information to enable Books4Change to address your concerns.
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Software and equipment
It is your responsibility to acquire and maintain, at your own expense, the computer hardware, software, communications infrastructure and access accounts required to access the Internet and the Service.
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Liability
Disclaimers and limitation of liability
Your use of and reliance on the Service is entirely at your own risk. The Service is provided “as is”.
Although we take steps to verify information presented on the Service, we do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked to or distributed through the Service or the content. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in the Service.
Information, ideas and opinions expressed on or through the Service should not be regarded as professional advice or our official opinion and you are strongly advised to seek professional advice before acting on such information.
To the fullest extent permissible by law, we disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the Service or the content are fit for any purpose. We specifically do not warrant that:
- the functions contained in the Service or the content will meet your requirements or operate in every combination selected by you for use; will be uninterrupted, timely, secure or error free;
- any defects or errors will be corrected; or that the Service or the content or the server that makes them available is free of viruses or other harmful components;
- the Service or the content will provide specific results from use of the Service or the content or any content, search or link within them or that the results that may be obtained from the use of the Service will be accurate or reliable.
Whilst we takes reasonable precautions in our operation of the Service, neither Books4Change or its agents or representatives will assume any responsibility and neither Books4Change or its agents or representatives (in whose favour this constitutes a stipulatio alteri or stipulation for another) shall be liable for any damages to or for viruses that may infect your computer equipment or software or other property on account of your access to, use of or browsing of the Service or the content or your downloading of any content. Any content downloaded or otherwise obtained through the use of the Service or the content is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
We will use reasonable endeavours to make the Service available to you, and keep the Service available to you at all times. However, you agree that Books4Change shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or the use of the Service for any reason whatever.
You further agree that –
- under no circumstances whatsoever, including as a result of Books4Change’s negligent acts or omissions or those of its servants, agents or contractors or other persons for whom in law Books4Change may be liable, shall Books4Change or its servants, agents or contractors or other persons for whom in law Books4Change may be liable (in whose favour this constitutes a stipulatio alteri or stipulation for another), be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use the Service or the content.
- no claims or legal action arising out of, or related to, the use of the Service, the content or these terms of use may be brought by you more than 1 (one) year after the cause of action relating to such claim or legal action arose.
Indemnity
You hereby indemnify Books4Change and its officers, directors, employees, servants, agents or contractors or other persons for whom in law Books4Change may be liable (in whose favour this constitutes a stipulatio alteri or stipulation for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your use of the Service or the content or your breach of these terms of use.
Books4Change is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Books4Change servers.
Rights infringment
If you are of the view that your rights have been infringed through the unlawful use of the Service by registrants or third parties, you may address a complaint to us which satisfies the following requirements and/or contains the following information:
- the full names and address of the complainant;
- the written or electronic signature of the complainant;
- identification of the right that has allegedly been infringed;
- identification of the material or activity that is claimed to be the subject of unlawful activity;
- the remedial action required to be taken by the service provider in respect of the complaint;
- telephonic and electronic contact details, if any, of the complainant;
- a statement that the complainant is acting in good faith;
- a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.
Please address your notifications to:
- A Mulder
- Email: info@books4change.co.za
Books4Change will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending content from the website and/or suspension or termination of the offending registrant or third party.
Dealings with third parties
Links to and from the Service to other websites belonging to or operated by third parties (“linked websites”) do not constitute an endorsement by Books4Change of such linked websites or their contents nor do they constitute any association by Books4Change with their owners or operators. You are solely responsible for identifying and familiarising yourself with any terms of use which will govern your relationship with such third party.
Books4Change has no control over such linked websites and is not responsible or liable for any content, information, goods or services available on or through any such linked websites or for any damage, damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such linked websites. You agree that where you access linked websites, you do so entirely at your own risk.
Your interaction, correspondence or business dealings with third parties which are referred to or linked from or to the Service is similarly entirely at your own risk and are solely between you and such third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
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Governing law and jurisdiction
This website is controlled and maintained from our facilities in the Western Cape province of the Republic of South Africa.
We both agree that these terms of use shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
You irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of your claim may exceed the ordinary monetary jurisdiction of the Magistrates Court.
You also irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, sitting in Cape Town, Western Cape, South Africa.
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Legal service of documents and notices
Books4Change chooses the addresses below for all communication purposes under these terms of use, whether in respect of court process, notices or other documents or communications of whatsoever nature.
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We may monitor your communications
Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002 (“the RIC Act”), you agree to permit Books4Change to intercept, block, filter, read, delete, disclose and use all communications you send or post to or using the website and/or to Books4Change’s staff and/or employees.
You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the ECT Act and in the RIC Act.
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Severability
Any provision in these terms of use which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these terms of use, without invalidating the remaining provisions of these terms of use.
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Termination
If you breach any of these terms of use, Books4Change may immediately, automatically and without notice to you, terminate your use of and access to Books4Change’s website, and/or prohibit your future access to use of Books4Change’s website, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of Books4Change’s rights in this regard are expressly reserved.
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Disclosures required by the ECT Act
Access to the Service may be classified as “electronic transactions” in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of the ECT Act and Books4Change has the duty to the disclose the following information:
| Full name and legal status of Books4Change: | A Mulder trading as Books4Change |
| Street address: |
13 Van Spilbergen Street |
| Postal address: | 13 Van Spilbergen Street Strand 7140 Western Cape |
| Physical address for receipt of legal service: | 13 Van Spilbergen Street Strand 7140 Western Cape |
| Main business: | Publisher, e-trader and web site proprietor |
| Website address: | http://www.books4change.co.za |
| Official email address: | info@books4change.co.za |
| Membership of self-regulatory or accreditation bodies: | None |
| Codes of conduct to which Books4Change subscribes: | None |
| Governing terms of use: | These terms of use |
| Manual in terms of the Promotion of Access to Information Act 2 of 2000: | Not applicable |
| Management: | A Mulder (sole proprietor) |
| Costs associated with the access to and use of the website: | These costs are detailed in these terms of use and on the website |
| Dispute resolution: | No special provisions |
| Cooling off period: | Not applicable |
| Complaints process: | See clause above |
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General terms
You agree that:
- you are bound by these terms of use;
- this agreement shall be deemed to have been concluded in Johannesburg at the time you access the website for the first time;
- data messages addressed by you to Books4Change shall be deemed to have been –
- received if and when responded to;
- sent by you within the geographical boundaries of the Republic of South Africa;
- you shall be deemed to have been received data messages addressed to you by Books4Change as detailed in section 23(b) of the ECT Act;
- electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and Books4Change;
- as well as warrant that data messages that you send to Books4Change from a computer, IP address or mobile device normally used by you, was sent and/or authorised by you personally.
These terms of use constitute the whole agreement between you and Books4Change relating to your access to and use of the Service.
No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these terms of use which Books4Change may show, grant or allow you shall operate as an estoppel against Books4Change in respect of its rights under these terms of use nor shall it constitute a waiver by Books4Change of any of Books4Change’s rights and Books4Change shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
Nothing in this agreement shall create any relationship of agency, partnership or joint venture between you and Books4Change and you shall not hold itself out as the agent or partner of Books4Change or as being in a joint venture with Books4Change.
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