ACCEPTANCE OF TERMS THROUGH USE

By using this site, you signify your agreement to and consent to abide by all terms, conditions, and notices contained or referenced herein the ("Terms of Use").

If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Terms of Use agreement.

DISCLAIMER OF WARRANTIES

All materials, information, software, products, and services included in or available through this site (the "content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Wap It, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. For the reason that some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

LIMITATION OF LIABILITY

Under no circumstances shall Wap It, its subsidiaries, or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Wap It has been advised of the possibility of such damage.

For the reason that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.

PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved.

No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.

Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.

Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.

Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User Conduct

You understand that except for advertising programs offered by us on the Site (e.g., Wap It Flyers, Wap It Marketplace), the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:

CHANGES TO TERMS AND CONDITIONS

ADDITIONAL TERMS

DURATION
You are bound by the Terms:

TERMINATION

If you sign up for a years subscription and would like to terminate the account before the term is over, the account can be ended in one of two ways:-

the subscriber in question can write a written request/notification of termination of contact to the Company to be officially removed from the site.

the subscriber may terminate this agreement by terminating the use of the Service with the provisions made available for this specific purpose on the Wap It site.

The termination of the agreement will not affect any of our rights that arose before termination; or by their nature survive termination.

We reserve the right to stop or suspend your Subscription should your Account become inactive. We will notify you of such intended action at your secondary email address, if available.

GOVERNING LAW

The Terms are governed by and construed under the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such laws.

JURISDICTION

To the extent that we elect to proceed against you in:

the Magistrates Court, you hereby consent to the jurisdiction of those courts despite the fact that the amount of any claim against you exceeds the jurisdiction of those courts; and

the High Court, you hereby consent to the jurisdiction of the Cape of Good Hope Provincial Division of the High Court of South Africa.

General Principles

Protecting your privacy is very important to us. There are also various Acts, which impose obligations on us as far as privacy protection is concerned. We have accordingly developed this Privacy Policy to protect your personal information and keep it confidential.

In doing so, we have paid particular attention to the following acts: Constitution of the Republic of South Africa (Act 108 of 1996); Promotion of Access to Information Act (2 of 2000); Electronic Communications and Transactions Act (ECT) (25 of 2002); and Regulation of Interception of Communications and Provision of Communication-related Information Act (RICA) (70 of 2002).

USER RULES
General Principles

While some of these User Rules may be more applicable to a particular Service or access technology, you are bound by all of them regardless of the Service or access technology, which you may use.

We view our Service environment as a virtual community in which you interact with us and the Internet community at large.

Like all other communities, our virtual community has rules to ensure the continued existence thereof and that the rights of all participants are respected.

In these User Rules:

Abusive Content means content (including without limitation words and images) which we consider to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful, as hatespeech, or which contains child, explicit or violent pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights, regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context.

Destructive Code means any computer code which:

is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as "viruses", "Trojan horses" or "worms").

would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead" code).

would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes).

any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations.

Communication Facilities includes (without limitation) our email, albums, communities, classifieds and similar facilities used for the purposes of communicating in real-time or otherwise with other persons whether they are Subscribers or not.

Fraud means fraud as it is understood in its commonly used legal context which includes (without limitation) solicitation or inducement of any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, pyramid schemes" or "chain letters".

Intellectual Property Rights means any and all rights, title and interest in (whether registered or not) any intellectual property, including copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, source code and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights.

Misrepresentation includes (without limitation):

Spamming includes (without limitation) the posting or cross-posting of unsolicited communications using our Communication Facilities; imitating or impersonating another person or his email address, or creating false accounts for the purpose of sending spam; sending unauthorized mail via open, third party servers, sending emails to users who requested to be removed from a mailing list; selling or exchanging the email address of any person without that person’s consent.

System Abuse means any conduct which does or may: damage, impair, overburden or disable any system of any person (including us) using our Services; interfere with any other person’s use of the Internet or of our Services; compromise or tamper with the security of our or any other person’s software, hardware, systems, networks or Services including (without limitation) Spamming and mass messaging, the use of software and technologies known as "floodbots", "clonebots", "automated client" (e.g. "bots", "fserv" or "script"), nuking and nuking tools (e.g."7th Sphere").