1. "Advertiser" shall refer to any person (natural or juristic) who places an advertisement on this website to promote, market or advertise any of its products or services in accordance with our terms and conditions.
2. "AFSA" shall refer to the Arbitration Foundation of South Africa
3. "ECTA" shall refer to the Electronic Communications and Transactions Act no 25 of 2002
4. "Site" shall refer to this website http://www.pmmg.co.za
5. "User" shall refer to any person who enters, accesses and/or interacts with this site, including any person directed from any other site through a hyperlink therefrom, including a "deep link" which may bypass the home page (and hence the link to these terms and conditions) and "use /uses/using/usage" shall bear corresponding meanings as the context may indicate.
6. "We/us/our" (as determined by the context) shall refer to PMMG (Pty) Ltd (Registration number 2016/429237/07) being the operators and owners of the site
7. Reference to any gender shall include reference to the other, singular to plural and vice versa.
GENERAL
8. These terms and conditions and any external information referred and incorporated herein, as per section 11(3) of the ECTA are binding and enforceable against the user and forms part of the agreement on which basis use of this site is founded and regulated
9. Any links or information to which the user is referred which may not be operational or available at any given time will not detract from such relevant information's validity in binding the user thereto as contemplated in paragraph 7 above.
10. By using this site the user accordingly expressly consents to all the terms and conditions herein and warrants that he complies with all requirements and fulfils all relevant conditions described hereunder to continue using he lawfully and in accordance with our applicable policies.
11. Should there thus be any term/s to which the user is not agreeable or consent to or any condition or requirement/s with which he does not comply, the user should immediately leave the site as he is otherwise deemed to be bound and required to comply with them and may be liable for any breach of the duties thereby imputed.
12. By making use of this site further, the user warrants that he is bestowed with full legal capacity and not disqualified in law from entering into valid and binding contracts for any reason.
13. The user warrants further to be a South African citizen and fully capable of performing in accordance with the requirements of any relevant contract in respect of any service offered on this site.
14. Should the user continue to use the site or engage with any of the services provided without compliance as contemplated above all our rights remain reserved and the user (or its legal guardian, as the case may be) may be held civilly or criminally liable for any actionable (negligible or otherwise) consequence to which such non-compliance leads, including but not limited to, breach of contract, misrepresentation and/or any other relevant common law and legislative contravention.
15. These terms and conditions and information available on this site should not be interpreted as being legal advice and the user's use of the site is completely at its own risk without any recourse against us or any of our affiliates.
16. This site is regulated by the laws in the Republic of South Africa and by using this site the user consents to jurisdiction of the High Court of South Africa, Johannesburg, and/or the Magistrates Court to either of which we reserve the right of election in instituting any relevant action without prejudice to any of our rights.
PERMISSABLE USAGE
17. The user is authorised and licensed to use this site and view all its published contents. The user is however prohibited from:
17.1. Copying, downloading, distributing, selling, licensing, or otherwise exploiting the content (including any advertisements placed by an advertiser) of this site without prior written permission from us
17.2. Interfering with or modifying the site's content, source code or uploading any content without our written permission,
17.3. Disabling, circumventing or interfering with the site's security features
17.4. Utilising the site or cause the site to be utilised for or to be connected with any unlawful activity
18. Notwithstanding the above, users will be entitled to quote small and reasonable parts of the text of the site to be used or distributed (provided it is not for commercial gain) and provided that the content appears in quotations marks and the its origin cited.
19. Only a legitimate and bona fide search engine (external or internal) which filters contents and directs a user to any sought after information on the site, shall be entitled to, through its interaction with the site and to the extent that it is permissible in our agreement with them or through any other lawful cause, search or copy content on the site (subject to our continued agreement or existence of such legal cause).
REGISTERATION OF AN ACCOUNT
20. In order to participate more comprehensively and/or make greater use of the services provided on the site, a user is entitled to register an account by creating his own unique username and password.
21. Any false information provided through such a registration process will be considered misrepresentation and may lead to the same consequences as described in clause 12 above.
22. We affirm our endeavour to protect any user’s privacy insofar as the law may require
23. Any use of the site through any such registered account will be deemed as being executed and/or authorised through such account holder and such account holder will accordingly be liable for any legal obligations sprouting from such use.
24. No user may transfer his account to another user.
25. Any registered user should further not select a misleading username and should not utilise a username which may be offensive or encroach on the dignity and/or reasonable sensitivity of a person in the ordinary circumstances.
26. Such a name should further not tarnish, adversely affect or suggest to be associated with any trademark, corporate logo or any other intellectual property of any entity.
27. We reserve the right to investigate, review and verify any information uploaded or submitted by any user through whatever means.
28. Should we become aware that any information or username provided contravenes these terms and conditions we will be entitled, at our sole discretion, to freeze/delete a users account and/or ban the future registration of such a user, and take any appropriate steps to protect content uploaded.
29. Every user is solely responsible for the security and protection of any of his profile information, including the user’s password for registration.
30. We shall further never request any of this information to be revealed publicly nor shall we request the information be updated or disclosed by following a link through an email.
31. You may terminate your account at any time in terms of the procedure provided for on the site.
REGISTERATION OF AN ACCOUNT
32. Whenever a use clicks on any link marked "sign me up" he will be directed to the order page where he can select the various products/services he wishes to purchase, and selected from the menu appearing on such page.
INTELLECTUAL PROPERTY
34. All content on the site eligible for copyright (as contemplated in section 2(1) of the Copyright Act (no 98 of 1978), logos, trademarks, patents, domain names, and hyperlinks is our property or has been licensed to us for use and publication on the site by the owners thereof.
35. All such intellectual property is accordingly protected by locally and internationally through the relevant applicable legislation and common law.
36. In addition to a user's usage of the site as regulated in clauses above, the user is accordingly precluded from infringing on the rights of the owners and license holders of such intellectual property and may not copy, distribute, tarnish, sell, broadcast, display, plagiarise, register for any purpose or associate itself therewith or otherwise exploit the content so mentioned without written permission.
SECTION 43 OF ECTA
37. The following information is disclosed in pursuit of complying with any prospective duty imposed on us by section 43 of ECTA:
37.1. Owners of the site: PMMG (Pty) Ltd (Registration number 2016/429237/07)
37.2. Street, postal and address for receipt of legal service: 84 Inyati Sands Leslie avenue, Douglasdale, Sandton, 2191, South Africa
37.3. Business activities:
37.3.1. The sites provides business and website registration, accounting and marketing services
37.3.2. The site further provides a forum for advertisers to publish paid for advertisements to users
37.3.3. The site may further expand on its online shopping component to incorporate on-site payments and registrations
37.4. Email address: phil@pmmg.co.za
37.5. Membership of self-regulatory or accreditation body and code of conduct: SAIBA BAP(SA) designation – PM Meiring.
37.6. Office bearer (Directors) : PM Meiring and MG van der Merwe
37.7. The costs applicable to any potential transaction that a user may enter into through the website depends on the specific product and services (including products for sale as described above, or registration as a member to the site) that are offered and are available for review at every point on the site at which they may be offered
37.8. In the event of a dispute arising between ourselves and a user of the site arising out of or in connection with these terms and conditions, then any party may by written notice to the other parties given within 90 (ninety) days of the relevant event, require that the dispute be referred to arbitration in accordance with any further procedure as may be determined by AFSA.
37.9. Any dispute referred to arbitration shall be decided in accordance with such rules and regulations as may be adopted by the arbitrator, provided that the arbitrator may apply equity when giving consideration to his award.
37.10. Nothing herein contained shall be deemed to prevent or prohibit a party to the arbitration from applying to the appropriate court for urgent relief or for judgment in relation to a liquidated claim.
37.11. We shall not be obliged to refund the user for any goods or services offered and the user purchases such goods or services directly from the offeror thereof as detailed on the site where such products or services are being offered, and any recourse the user has shall be limited exclusively to such an offeror.
37.12. We undertake however to furnish our best endeavours in assisting any unsatisfied user (insofar as may be reasonable) to make contact with the relevant offeror but cannot warrant or undertake that such contact shall be made, refund, discount or exchanged procured and the user accordingly enters into any agreement for the sale, purchase, exchange or hire of any goods entirely at his own risk and indemnifies us from any liability for any damages or losses arising from such a prospective transaction.
37.13. The user accordingly acknowledges that in relation to any goods being offered for sale, purchase, hire or exchange on the site, we are acting merely as a facilitator and providing a point of contact between the user and advertiser and/or offeror of any goods or services and attract no liability in any contract concluded to that effect between the user and such a latter mentioned party.
37.14. In consideration of the exemptions of section 42 and that no credit agreements are envisaged to be available to be conclude on this site and therefore the cooling off period as per section 44 of ECTA does not apply.
DISCLAIMER
38. We disclaim all liability for any damage/loss that you may have suffered as result of your participation in or usage of this, and you accordingly use this site solely at your own risk to the maximum degree allowed by law.
39. We also accept no liability for any action of any third party or any user’s activity on this site, nor shall you have any claim against us in respect of any content appearing on the site or any technical error taking place during your interaction with the site, and any claim for whatsoever nature you have against us will not be enforceable for any reason so described, including but not limited to any damage suffered whilst making use of the services provided on this site.
COMPUTER VIRUSES
40. Every effort is made to ensure that all information provided at the site does not contain computer viruses, the user should however take reasonable and appropriate precautions to scan for viruses and should ensure that the uers has a complete and current backup of the applicable items of information contained on your system.
WHOLE AGREEMENT
41. This agreement constitutes the whole of the agreement between the parties relating to the subject matter thereof, and no amendment, alteration, addition, variation or consensual cancellation will be of any force or effect unless reduced to writing and signed by the parties.
42. The user agrees that no other terms or conditions, whether oral or written, and whether express or implied, apply between us and the user