These terms are effective 13 July 2017
YouSearch is provided to you by Masikati Computer Solutions Pvt Ltd, 36 Eastacoombe. Durban 4001. R.S.A, also referred to below as “YouSearch”.
Using YouSearch. As a condition of your use of YouSearch 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 YouSearch or the interests or property of YouSearch users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of YouSearch;
- copy, modify, or distribute any other person’s content without their consent;
- use any robot spider, scraper or other automated means to access YouSearch 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 YouSearch 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 YouSearch.
You are solely responsible for all information that you submit to YouSearch 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.
Abusing YouSearch. YouSearch and the YouSearch 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 YouSearch, 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 YouSearch or not, we do not accept any liability for monitoring YouSearch or for unauthorized or unlawful content on YouSearch or use of YouSearch by users. You also recognise and accept that YouSearch is not under any obligation to monitor any data or content which is submitted to or available on the site.
Fees and Services. Using YouSearch is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll 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 we may change them from time to time. We’ll 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’re due. If you don’t, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other permissible collection mechanisms.
Content. YouSearch contains content from us, you, and other users. YouSearch is protected by copyright laws and international treaties. Content displayed on or via YouSearch is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from YouSearch without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in YouSearch. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of YouSearch (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 you 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.
Infringement. Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit and/or stolen items for sale). A large number of very varied products are offered on YouSearch by private individuals in South Africa. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by YouSearch.
Reporting an infringement:
In order to participate in the Notice of Infringement Programme, you need to complete the Notice of Infringement Form on the Report Abuse or Infringement page on YouSearch. You can use this form, complete with your contact details, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable YouSearch to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to YouSearch via the e-mail address provided.
Note: This form can only be used by the lawful owners of the intellectual property rights. “Notice of Infringement” is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties.
For all other questions, visitors and advertisers can get Help by using this knowledge base or opening a Case.
Liability. YouSearch does not act as a supplier as contemplated in the Consumer Protection Act, or otherwise, and is not the party marketing the goods/services. YouSearch only provides the platform.
As explained above, we do not actively monitor data or content. We are not involved in the actual transactions between users.
YouSearch 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. YouSearch 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 YouSearch 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’s 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.
YouSearch 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 YouSearch. YouSearch is not involved in transactions between users and the operators of such third party sites. YouSearch 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 YouSearch, 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.
Security. In order to ensure the security and reliable operation of the site for all users, YouSearch 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 detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by YouSearch and its affiliates, agents and/or partners.
Resolution of disputes
If a dispute arises between you and YouSearch, we strongly encourage you to first contact us directly to seek a resolution by going to the YouSearch Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.