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MAMBABIZ TERMS OF USE

MAMBABIZ.COM (“The Website”) is a directory services Website operated by Mambaonline cc, which offers information about gay-owned and gay-friendly businesses and services to users. MAMBABIZ.COM offers gay-owned and gay-friendly businesses and services the opportunity to be listed on MAMBABIZ.COM for a fee. Mambaonline cc also operates the websites Mambaonline.com and Mambagirl.com.

1. Acceptance of terms

Mambaonline.ccc shall permit use of the MAMBABIZ.COM Website subject to the terms and conditions below ("the Terms and Conditions"). By using the MAMBABIZ.COM Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally.

2. Materials on the Website

2.1 The information published on MAMBABIZ.COM is created and maintained directly by Third Party Businesses or Services – and not by MAMBABIZ.COM.

2.2 The content, including the directory listings, contained on this Website is for information only and does not constitute advice or a recommendation of any nature.

2.3 To the extent that information displayed on this Website relates to any products, services, events or competitions or any costs, prices, fees or prizes related to such products, services, events or competitions, you acknowledge that this information may not be accurate or complete. You further acknowledge that any assessment or reflection of the performance, suitability or reliability of any products, services, events or competitions offered, provided or held on this Website does not mean that such performance will be repeated or should be relied upon in any way.

2.4 Any views or statements made or expressed on this Website are not necessarily the views of MAMBABIZ.COM or Mambaonline cc, its subsidiaries, affiliates, employees, servants or agents.

2.5 Any of the information, products, services, events or competitions on this Website may be modified or suspended or removed by MAMBABIZ.COM without notice at its discretion.

3. Copyright and Trademark

3.1 The contents and materials of this Website, including any computer programs, software, icons, text, links, graphics, artworks, images, sound clips or files, audio, or other technologies whether now known or hereafter invented, by broadcasting, streaming or diffusion, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright, patent and trademark law, and any adaptations of such content and materials, are the property of Mambaonline cc and/or third parties.

3.2 The information published on MAMBABIZ.COM is done so on good faith and is created and maintained directly by Third Party Businesses or Services – and not by MAMBABIZ.COM. As such, Mambaonline cc accepts no responsibility for copyright / trademark infringement for this material. Should any material published by a Third Party Business or Service be the copyright / trademark of another party other than the listed Business or Service, MAMBABIZ.COM will remove the item/s in question on provision of proof of such by the legitimate copyright holder.

4. Disclaimers

4.1 This Website is provided to you "as is". While MAMBABIZ.COM and Mambaonline cc make every effort to ensure that the contents of this Website are accurate and complete, MAMBABIZ.COM and Mambaonline cc make no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information, including the listings of the Businesses and Services published on this Website.

4.2 Any person who accesses, uses, participates in or relies on this Website or on information, products, services, businesses, events or competitions contained in or available on this Website does so at their own risk.

4.3 Any content posted or viewed on this Website is at your own risk.

4.4 MAMBABIZ.COM and Mambaonline cc also make no warranty or representation, whether express or implied, that the products, information or files available on this Website are free of viruses, worms, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software. You accept all risk associated with the existence of such viruses, worms, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software.

4.5 MAMBABIZ.COM and Mambaonline cc do not accept any responsibility for any errors or omissions on this Website.

4.6 The mention or appearance or likeness of any person or organisation in writing, images, photographs or advertising in this website is not to be taken as any indication of sexual, social or political orientation of such persons or organisations.

5. Limitation of liability

5.1 MAMBABIZ.COM and Mambaonline cc, their affiliates, subsidiaries, employees, servants and agents shall in no way be liable for any direct, indirect, incidental, special or consequential loss, expense, claim or damage which might arise from any information, material or content contained in the Website, any linked Websites, your use of or reliance on this Website or any information, material or content contained therein, or any actions or transactions resulting therefrom, even if MAMBABIZ.COM  and/or Mambaonline cc has been advised of the possibility of such loss, expense, claim or damage.

5.2 MAMBABIZ.COM and Mambaonline cc, their affiliates, subsidiaries, employees, servants and agents shall in no way be liable for any direct, indirect, incidental, special or consequential loss, expense, claim or damage which might arise from the modification, suspension or removal of any information, material or content contained in this Website or any linked Website.

5.3 You hereby indemnify MAMBABIZ.COM and Mambaonline cc against any loss, claim or damages which may be suffered by yourself or any third party arising in any way from your use of this Website or the receipt by you of an electronic mail from MAMBABIZ.COM or Mambaonline cc.

6. Links to and use of other Websites, Businesses and Services

6.1 MAMBABIZ.COM and Mambaonline cc, their affiliates, subsidiaries, employees, servants and agents do not endorse and are not responsible or liable for the information, material or contents, maintenance of, or activities conducted on or by, any Website, Business or Service to which this Website provides a link or provides a listing for.

6.2 Despite the fact that this Website may refer to or provide links to other Websites, your use of such other Websites is entirely at your own risk and Mambaonline cc, its affiliates, subsidiaries, employees, servants and agents shall not be responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other Websites or your reliance on any information contained in such other Websites.

7. Privacy Statement

7.1 The information we collect on this Website includes:

    7.1.1 Users' IP addresses, which are automatically logged by our web server. We use these to observe users' interests in the MAMBABIZ.COM website.

    7.1.2 Contact information which users voluntarily give us in order to receive more information about MAMBABIZ.COM or Mambaonline.com or Mambagirl.com (including email updates) and information about other products, services or events related to, and associated with MAMBABIZ.COM or Mambaonline.com or Mambagirl.com.

7.2 Mambaonline cc has taken reasonable measures to keep users' personal information secure.

7.3 This Website contains links to other sites and contact information for other Businesses and Services. This privacy statement does not apply to these sites or Businesses and Services, nor are we responsible for the content and practices of these websites or Businesses and Services.

7.4 MAMBABIZ.COM and Mambaonline cc may use your personal information in the ordinary course of their business and for promotions and marketing.

7.5 MAMBABIZ.COM and Mambaonline cc will not sell, rent or provide your personal information to unauthorised entities or to third parties for their independent use without your consent. MAMBABIZ.COM may, however, share your personal information with its affiliates, business partners and subsidiaries. If MAMBABIZ.COM or Mambaonline cc do pass your personal information on to their affiliates, business partners or subsidiaries, they will make them aware of the provisions of this privacy policy.

7.7 If you disclose any personal information to a third party, such as one of MAMBABIZ.COM or Mambaonline cc's affiliates, business partners or subsidiaries or any Businesses or Services which operates a Website or Business or Service  linked from or to this Website or anyone other than MAMBABIZ.COM or Mambaonline cc, you must be aware that MAMBABIZ.COM and Mambaonline cc do not regulate or control how that third party uses your personal information and this privacy policy does not accordingly apply to third party. You should always ensure that you read the privacy policy of any third party.

7.8 You have the right to request information held about you by MAMBABIZ.COM or Mambaonline cc. You also have the right to have your information amended or deleted on request.

36. MAMBABIZ.COM and Mambaonline cc shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

8. The Mambaonline Update Newsletter/Spam

8.1 Mambaonline cc does not send out unsolicited e-mails (Spam) knowingly. If you receive the Mambaonline.com or Mambagirl.com newsletter you have either subscribed yourself or someone has subscribed you on your behalf. This is an automatic process via a re-mailer form on the Website and as such we cannot be responsible for erroneous submissions to us.

8.2 A subscriber to the Newsletter may unsubscribe from the service at any time by clicking on the unique "unsubscribe link" at the bottom of every e-mail.

9. Buying a Business or Services Listing on MAMBABIZ.COM

9.1. MAMBABIZ.COM provides a listing service for gay-owned or gay-friendly Businesses or Services. This service is strictly limited to gay-owned or gay-friendly Businesses or Services.

9.2. Payment options accepted: Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Mambaonline cc bank account, the details of which will be provided on request.

9.3. Credit card transactions will be acquired for MAMBABIZ.COM / Mambaonline cc via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa.  PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.  Users may go to www.paygate.co.za to view their security certificate and security policy. 

9.4. Customer details will be stored by MAMBABIZ.COM and Mambaonline cc separately from card details which are entered by the client on PayGate’s secure site.  For more detail on PayGate refer to www.paygate.co.za.

9.5. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

9.6. MAMBABIZ.COM and Mambaonline cc take responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and listing of Businesses or Services on the website.

9.7 Delivery policy: Once payment has been made, the listings information will go live within 48 hours, subject to approval and/or moderation by MAMBABIZ.COM. Notice of the listing going live will be confirmed by way of e-mail to the e-mail address supplied. Purchases of the listing services will confirmed via e-mail containing the relevant passwords within 48 hours.

9.10 The offering on this website is available to South African clients only

9.11 Rejections and Refunds policy

9.11.1 The provision of goods and services by MAMBABIZ.COM is subject to availability. In cases of unavailability, MAMBABIZ.COM will refund the client in full within 30 days.

9.11.2 Rejection of listing: MAMBABIZ.COM may reject any Business or Service listing that falls outside of its standard categories, is fraudulent, is illegal, is discriminatory to gay, lesbian or transgender people in any way, is seen to be in bad taste or inappropriate, is not of interest to its site visitors or for any another reason at MAMBABIZ.COM’s discretion. Should a listing be rejected by Mambaonline cc for whatever reason, the funds will either not be taken from the client’s bank account or credit card or will be refunded in full within 30 days.

9.11.3 Should it come to the attention of MAMBABIZ.COM, that  any Business or Service listed on the Website is shown to be fraudulent, illegal, abusive and /or discriminatory to gay, lesbian or transgender people in any way MAMBABIZ.COM’s can remove this listing at any time at its discretion. In such cases, MAMBABIZ.COM will not refund any funds to the client whatsoever.

10. Changes to these Terms and Conditions

MAMBABIZ.COM and Mambaonline cc reserve the right to update and/or amend the Terms and Conditions from time to time and without any notice. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.

11. Which laws apply

This website and Terms and Conditions will be governed by the laws of South Africa. You consent to the jurisdiction of the South African courts for any dispute that may arise out of these Terms and Conditions. If any part of this agreement is found by a court of law to be unenforceable, then the remainder of this agreement will still continue in force. The agreement constitutes the entire agreement between the parties.

12. Termination

MAMBABIZ.COM and Mambaonline cc may in their sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that MAMBABIZ.COM and Mambaonline cc will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.

13. General Information

MAMBABIZ.COM is run by Mambaonline cc based in South Africa with registration number 2005 / 141866 / 23 and Member Luiz DeBarros.

MAMBABIZ.COM contact details: email info@mambabiz.com / telephone: 083 653 7577

 

 
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