Terms of Service1. The user and Massageschool.co.za1.1 The user's use of Massageschool.co.za software, services and web sites is subject to the terms of this legal agreement between the user and Spit Spot Retail (Pty) Ltd Registration number 2004/004245/07 trading as Massageschool.co.za (hereafter referred to as Massageschool.co.za. This document explains how the agreement is made up, and sets out the terms of that agreement. These terms are in addition to any other terms that the user already has agreed to in applying for any of the Massageschool.co.za services. 2. Accepting the Terms2.1 In order to use the services of Massageschool.co.za, (hereafter referred to as “the services” the user must first agree to these terms. The user may not use the services if the user does not accept the terms. 2.2 The user can accept the terms by: (A) clicking to accept or agree to the terms, where this option is made available to the user by Massageschool.co.za in the user interface of any service; or (B) by actually using the services. In this case, the user understands and agree that Massageschool.co.za will treat the use of the services as acceptance of the terms from that point onwards. 2.3 The user may not use the services and may not accept the terms if (a) the user is not of a legal age to form a binding contract with Massageschool.co.za, or (b) the user is a person barred from receiving the services under the laws of South Africa or other countries including the country in which the user are resident or from which the user uses the services. 3. The Terms3.1 Massageschool.co.za provides a platform for massage schools to offer their products, talents, expertise and knowledge. Masaage.co.za does not necessarily support the claim of any product, nor do we agree or disagree with the view or philosophy of any website of any of our participating salons/therapists. 3.2 The User understands that Massageschool.co.za has, except for carrying the information of massage schools on it's site, has no relationship with the massage schools, and does not warrant any services of such schools. 3.3 The User understands that no responsibility is assumed by Massageschool.co.za for the publication of any Massage schools information, including pictures published by Massage schools. 3.4 Massageschool.co.za does not verify the accuracy or truth of any information published by Massage schools. 3.5 Whilst Massageschool.co.za reserves the right to delete or remove content deemed offensive by Massageschool.co.za, Massageschool.co.za does not guarantee that offensive material will be removed or deleted. Failure by Massageschool.co.za to remove or delete offensive content does not waive our right to remove or delete offensive content in subsequent or similar cases. 3.6 Massageschool.co.za will not become involved in any disputes between Users and Massage schools/Salon's and does not provide any arbitration or settlement services should a dispute arise between such users of our system. 3.7 Massageschool.co.za may change the subscription pricing, options, renewal terms or member services at any time. It is agreed that in such event the applicable price, option or term is that that is applicable at that point in time. 3.8 This service is provided on an "as-is" basis by Massageschool.co.za without warranty of any kind, either express or implied, including, without limitation, warranties of title and the implied warranties of merchantability and fitness for a particular purpose. 4. Responsibilities4.1 The User is solely responsible for maintaining the confidentiality of their member name and password (if applicable). 4.2 By using the Massageschool.co.za site the user hereby indemnify the authors, employees, members and participants of the site against any claims arising from the contents thereof and/or ancillary issues pertaining to this site. 4.3 Please note further that the owner of this site is not responsible for any consequences ensuing from direct or indirect contact with the massage schools advertised on this site and the user enter this site entirely at your own risk and discretion. 4.4 The User is responsible for ensuring that his/her interaction with the Massage schools as well as the use of the Massageschool.co.za website is lawful. 4.5 As a condition of your use of Massageschool.co.za the user agrees that he/she will not:
5. Content.5.1 Massageschool.co.za contains content from itself as well as Massage Salon/Therapists. Massageschool.co.za is protected by copyright laws and international treaties. Content displayed on Massageschool.co.za website is protected as a collective work and/or compilation. You agree not to copy, distribute or modify content from Massageschool.co.za without our express written consent. The user may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Massageschool.co.za. Without limiting the foregoing, the user agrees not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Massageschool.co.za (other than your own content). When the user gives us content, the user is granting us and representing that he/she has the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. 6. Liability.6.1 Nothing in these terms shall limit Massageschool.co.za liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. 6.2 Massageschool.co.za does not review massage school listings or is involved in actual transactions between users. As most of the content on Massageschool.co.za comes from other users Massageschool.co.za does not guarantee the accuracy of information or user evaluations or the quality, safety, or legality of what's offered. 6.3 In no event does Massageschool.co.za accept liability of any description for the usage 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 offence, give rise to civil liability or otherwise violate any applicable law. 6.4 Massageschool.co.za cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While Massageschool.co.za 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. 6.5 Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchant-ability, 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 Massageschool.co.za, even if the user advise us or we could reasonably foresee the possibility of any such damage occurring. 6.6 Despite the previous paragraph, if we are found to be liable, our liability to the user or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees the user pay to us in the 12 months prior to the action giving rise to liability or (b) 100 South African Rands. 7. Personal Information.7.1 By using Massageschool.co.za, the user agree to the collection, transfer, storage and use of your personal information by Massageschool.co.za on servers located in South Africa or anywhere else where the database of Massageschool.co.za is situated. The user also agree to receive marketing communications from Massageschool.co.za unless the user tell us that the user prefer not receive such communications. 8. Resolution of disputes8.1 In case of a dispute between the user and Massageschool.co.za, we strongly encourage the user to approach us directly to seek a resolution by contacting is through the addresses as set out in the Contact us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. 9. General9.1 These terms and the other policies posted on Massageschool.co.za constitute the whole agreement between Massageschool.co.za and the user. 9.2 To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of South Africa. The user agrees that any claim or dispute the user may have against Massageschool.co.za. must be resolved by the courts of South Africa. The user and Massageschool.co.za both agree to submit to the exclusive jurisdiction of the South African Courts. 9.3 If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. 9.4 Massageschool.co.za may update this agreement at any time, with updates taking effect when the user next use this website, or 15 days after Massageschool.co.za post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by the user and by an authorized representative of Massageschool.co.za.
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