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TERMS & CONDITIONS


http://nichemarket.co.za (the ‘Website’) is owned and operated by nichemarket (Pty) Ltd, registration number: 2015/299046/07  (hereinafter referred to as ‘nichemarket’).

Visitors of the website (‘users’) including those who register online for a user account are bound by this user agreement. If you do not agree with this user agreement, do not register online for a  user account or otherwise continue to use the website. Your continued use of the Website will constitute acceptance of the User Agreement unmodified by you. By accepting this User Agreement, you are deemed to have read and agreed with all the provisions thereof.

If you are under the age of 18 years, you may not register for a User Account. By registering for a User Account, you warrant that you are over the age of 18 years.

The website is provided as is, and use of the site is at your own risk. Neither nichemarket, its Directors, Employees, Agents, Service Providers or Suppliers are responsible for any damages or loss resulting from or relating to, the use of any aspect of the site, or products sold through the use of it.

nichemarket services

nichemarket operates the website through which users are able to search and find a range of businesses offering products and services for sale, these offerings are listed by third parties.

The Website in certain instances will provide links to the businesses website and may include advertising related to the business, other third parties and their products.

Note that businesses, their products and services do not represent all the suppliers available in the market and nichemarket does not guarantee that the prices, registered businesses, ratings and reviews of businesses or any other information on the Website are accurate or error-free.

Businesses registered on nichemarket are responsible for the relevancy and accuracy of the information found on their profile page.

Ratings and reviews are submitted by users and do not reflect the views of nichemarket.

nichemarket also makes no guarantees as to the content or accuracy of any external websites to which you may be able to link to from the website.

We are NOT responsible for businesses listed

Businesses can create, list and manage their very own microsite (‘business profile’) for the purpose of showcasing their products and services and in some cases, users are able to follow links directly to the business's website.

nichemarket declares that it's not an agent of any business listed, does not vouch for, or make any warranties in relation to, any businesses products or services. neither does nichemarket nor any of its agents or representatives shall be held liable for any damage, loss or liability of whatsoever nature arising from relation to any listed business.

nichemarket will also not be held liable for any purchases or services rendered between consumers and businesses listed on the platform. Listed businesses are fully responsible for payments, refunds, returns, quality of service, the legitimacy of the business or products or businesses website.

Users solely acknowledge that they take full responsibility for evaluating the price, product or service as well as its legitimacy. nichemarket does not guarantee that any businesses or third party involved in transactions that arise from listings or advertisements placed on the website will act in good faith nichemarket

strives to ensure that the information on the website relating to businesses listed or their product offerings are up to date and lawful. If you suspect a businesses is selling illegal goods, conductingfraudulent activity or using any  misleading marketing or messaging please notify us immediately at (hyperlink) to that nichemarket may take the correct measures as deemed appropriate.

Disclaimers

nichemarket makes no warranties of any nature whatsoever in relation to the website and or services provided, including any warranty that the website or the server that makes the Website available is free from viruses or other harmful components. Nor that the functions, content and technology available from the website are uninterrupted and/or are free of errors. nichemarket may suspend access to the website without notice at any time and accepts no liability for any consequences of the website being unavailable for any reason.

Information, ideas or opinions expressed on this website should not be regarded as professional advice or the official opinion of nichemarket or any of its representatives. We encourage users to seek out professional advice before taking any course of action related to information, ideas or opinions discussed on this website.

All risk and liability incurred from use with the website vests with you and neither nichemarket, its representatives, nor any of its agents can be held liable for any damage, loss or liability in any nature arising from use of this website or services or content provided within and  through this website, including harm to computers. We do encourage any malfunctions to be reported to (hyperlink)

If nichemarket is found, despite the aforementioned disclaimers to be liable for any reason its liability to you or any third party concerned is limited to 500 ZAR (five hundred South African Rand). Under no circumstances will nichemarket be helped accountable or liable for any indirect damages, special damages, consequential damages, loss to profits or data.

Intellectual Property Rights

All content, trademarks and data on this website, including but not limited to software, databases, plain text, graphics and icons, hyperlinks, private information, designs and agreements are the property of or licensed to nichermarket and as such are protected from infringement by local and international legislation.

nichemarket, the website may contain images, names, or other content that constitute the trademarks, logos or copyrighted material of third parties and may not copy or use these mentioned above without their permission.

To obtain permission please contact us at ---------- or the third party directly

Content & Minors

nichemarket cannot screen or edit all content available on the website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform nichemarket of any content that may be deemed offensive or illegal.

Hyperlinks leading from this website or external websites are provided as is, nichemarket does not necessarily agree with, or sponsor content on these webpages.

As nichemarket is not an adult website and therefore there is no explicit age limit placed on our users. However  certain businesses listed on the site may choose to advertisecontent of an adult nature. Products or services that may only be purchased by persons over the age of 18 years and thus nichemarket will not be held liable in any way with regard to any relation to minors viewing content that would be adult in nature or purchasing related products or services.

Note that users that are under the age of 18 may not register to list a business's profile or make use of the additional services made available to registered users and thus may not register an account.

Security

Any person or organisation that attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that nichemarket suffers any damages or loss.  

As a registereduser you agree and warrant that your login name and password shall be used for personal use only, not to be disclosed to any third party. You also allow nichemarket to take all reasonable steps to ensure the integrity and security of the website and back-office applications.

Prohibited conduct

In regard to Hyperlinks, framing, spiders and crawlers - No business, person or web site may link to any page on this website, or use any technology to search and gain information from this website without consenting to the terms and conditions and without written permission from nichemarket. This prohibits the use or robots.crawlers, spiders or any site search or retrieval tool to scrape or index the website or any of its content. Nor reformat, frame (iframe) any of the pages of the website in any way whatsoever.

General usage

You agree to use the website in accordance with the user agreement and all applicable laws and regulations and will not engage in any of the following prohibited conduct in using the website.


  1. Submitting false, inaccurate or misleading information on the website or conducting yourself in a false, inaccurate or misleading fashion

  2. Conducting illegal or fraudulent activities

  3. Delivering or attempting to deliver any damaging code to this website

  4. Attempting to gain unauthorized access to any page on this website, or user profile

  5. Tampering, hacking, modifying or otherwise corrupting the security or functionality of the website

  6. Posting content that would be considered spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not.

  7. Keyword spamming or otherwise attempting to manipulate search results

  8. Promoting bigotry or any form of discrimination

  9. Threatening, stalking, defrauding, inciting, harassing or advocating the harassment of any other person, user, business or otherwise interfering with another person's use of the website.  

  10. Being defamatory, trade libellous, unlawfully threatening or unlawfully harassing

  11. Transmitting or posting profanity, adult content, or illegal content

  12. Soliciting personal information from minors or to harm, threaten to cause harm to minors

  13. Violating any third party right including breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right,right of publicity or any other intellectual property or proprietary right

  14. Modifying, adapting, appropriating, reproducing, distributing, translating, imitating, creative derivative works or adaptations of, publicly displaying, selling, trading or in any way exploiting the website or website content, except as expressly authorised by nichemarket

  15. Reverse engineering any portion of the website

  16. Removing or modifying any copyright, trademark or other proprietary rights notice on the website or on any materials printed or copied off the website.

  17. Recording, processing, or mining information about other users or listed businesses

  18. Accessing, retrieving or indexing the website to construct or populate a searchable database of business listings, reviews or content.

  19. Taking any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on nichemarket’s technological infrastructure.

  20. Attempting to gain unauthorised access to the website, network connections, computer systems connected to the website through hacking, password mining or any other means.

  21. Using the website or any website content to transmit any computer viruses, worms, defects, trojan horses, time bombs, cancelbots, easter eggs, raspberry pies or any malicious computer code that affects routine programming or may damage or be destructive in nature, interfere with, intercept information, interupt use, systems, data, processes or personal information.

  22. Using any device, software, code, routine or any type of exploit that may affect the proper working of the website or attempt to again advantage or interfere with the proper working of the website.

  23. Making excessive traffic demands

  24. Violating the security of any computer network, crack password or security encryption codes, disrupt or interfering with the security of or otherwise cause harm to the website, the website content or its users.

  25. Removing, circumventing, disabling, damaging or otherwise interfering with any security related features of the website, features that prevent or restrict the use or copying of the website content or features that enforce limitations on the use of the website.

  26. Doing anything which may render nichemarket liable to anyone or cause nichemarket to lose in whole or in part the services or any ISP, supplier or third party.

Your use of the website is an acknowledgement that using the website in any manner that violates the aforementioned provisions, nichemarket may incur liability and/or suffer damages and accordingly in the event of any such violation, your access to the website will be subject to limitation, suspension or immediate termination, you will be subject to damagers and other penalties, including criminal prosecution where applicable andyou will be held liable to nichemarket for any and all damages suffered by nichemarket including attorney's fees on an attorney and own-client scale and without limiting the generality of the aforegoing, you shall reimburse nichemarket any and all costs, expenses, and fines levied on it by third parties as a result of your activities.

Terms and termination

This user agreement shall commence from the date on which it is published on the nichermaket website and shall continue indefinitely as well as being amended by nichemarket from time to time for as long as the website exists and remains in operational use. nichemarket has the right to terminate this user agreement and/or shut down the website at any time.

Changes to the user agreement

nichemarket may, in its sole discretion, change this user agreement or any part thereof at any time with or without notice. It is the user's responsibility to visit the website to see whether the user agreement has been amended to ensure that you are satisfied with the amendments. Should you not be satisfied with the current user agreement or its amendments, you may refrain from using the website in any way.

Governing law and jurisdiction

nichemarket the website, its terms and conditions and disputes arising from the terms and conditions will be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the link instituted by either party or third parties arising from any of these terms and conditions.

Disputes

Note that nichemarket will not be involved in any disputes arising between you the user and any of the listed businesses. nichemarket is not your, or any businesses agent and will not act as either of your agent in connection with resolving any disputes between the two parties, you and the listed business.

Electronic communication

When you visit or interact with the website or send e-mails to nichemarket, you consent to receiving communications from nichemarket electronically. This means you agree to all the agreements, notices, disclosures and other other communications sent by nichemarket that satisfyrequirement, including but not limited to the requirement that such communications should be ‘in writing’.

Contact information

As required by the electronics communication and transaction act, nichemarket contact details are as follows:

Name: nichemarket (Pty) Ltd, registered in South Africa, registration number

Business type: Online service provider (social marketplace)

Official email address: info@nichemarket.co.za

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