Agreement between Junk Mail Publishing (Pty) Ltd., Registration Number 910450307, t/a Junk Mail Online / CapeAds Online (herein after referred to as “The Company”); and the “User”.
The Company website comprises various web pages and verticals, amongst others, www.junkmail.co.za.
This website is offered to the User on condition of the User’s acceptance, without modification of the terms, conditions, and notices contained herein. The use of the Company website constitutes the User’s agreement to all such terms, conditions, and notices.
Detailed description of goods and/or services and definitions.
Junk Mail Publishing (PTY) Ltd, (known as the Service Provider) is a business in online and off line publishing industry, focusing on public advertisements of goods and or services rendered for the public engaging commerce between buyers and sellers. Seller(s) will be defined in this content as persons or website users using the website of the Service provider for advertising purposes of services and or goods. Buyer(s) will be defined as persons or website users using the website of the Service Provider for purposes of purchasing products or accepting the rendering of services as advertised on the Service Provider’s website.
All terms and conditions mentioned will pertain to Blue Dolphin trading as CapeAds as included.
The Service Provider will not be held liable in any way or form for the delivery of any products and or rendering of services that are advertised on www.junkmail.co.za. (known as the Service Provider’s website).
A separate contract will come into existence between the buyer and the seller incurring any legal implications between such parties excluding the service provider wholly from any form of loss, negligence or damage claims that may be incurred due to delivery and receiving of products or services rendered by any of the parties mentioned.
Proprietary Rights; Limited License
The provision of goods and services advertised on the service provider’s website is subject to availability as advertised by the seller and subject to conditions in paragraph 2.
The Service Provider 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/attachment.php?aa_id=3569.
In such, the Service Provider is entitled to retrieve, process and store user data as well as the use of the same for its own internal purposes. The Service Provider will not sell, rent, disclose or impart in any way a website user’s personal identifiable information to any Third Parties without the user’s consent, but unless compelled by law or court order to do so
Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Service Provider’s bank account, the details of which will be provided on request
The following guidelines are related to mobile telephone use when using the Junk Mail Publishing offering of Bump up Ads. They are as follows. For help: please call: (012) 432 2807
1. All prices include VAT.
2. This is not a subscription service. A once-off fee of R30 is charged to use the service by sending an SMS to 42233 with your unique ad reference number.
3. Your ad will be Bumped Up to the top of Regular search results, just below the Top Listing Ads, and will remain at the top of those listings until new ads are added above your Bumped Up ad.
4. The Bump Up service is only applicable to currently active ads – please ensure your ad is currently active (displayed) on the Junk Mail site before requesting a Bump Up.
5. Network and WAP charges extra, and are separate to the charges by and of Junk Mail Publishing.
6. Errors are billed. Failed attempts from a mobile will be billed.
7. This service is available to Vodacom, MTN, CellC and Virgin clients.
8. The bill payer’s permission is required to operate or request this service.
1. Premium rates apply.
2. Free SMS’s do not apply.
3. All prices Include VAT.
4. Reply “STOP” to unsubscribe.
5. Network + WAP charges may apply – please check your network tariff plan.
6. Errors are billed.
7. Junk Mail SMS Alerts Subscription Service is a Junk Mail Publishing Product.
8. For Help call 012 342 3840 (VAS).
9. Updates sent until unsubscribed.
10. Alerts are charged at R1.00 / SMS Alert sent
11. Max 10 Alerts sent per day.
12. This service is available to all Networks.
13. Bill payers permission required.
SMS Marketing Opt-out
The following guidelines are related to mobile telephone use when opting out from receiving marketing messages from Junk Mail Publishing.
When the request to opt-out is made:
1. The recipient must send the free missed call from their cell phone, not a landline;
2. The recipient will need a positive airtime balance to initiate the call, but there will be no airtime deducted;
3. The cell phones sender ID must be on, else the system won’t be able to pick up the cell phone number;
When the opt-out number is dialed, an error message will be received as the call does not connect but does triggers the opt-out action. A confirmation of the opt-out will normally be received within seconds.
The opt-out number is 011 062 1419 which should be made from the mobile phone to which the marketing message was sent.
Credit Card Acquiring and Security
Credit card transactions will be acquired for the Service Provider 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.
Customer Details Separate from Card Details
Merchant Outlet Country and Transaction Currency
The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa. Transaction Currency is South African Rand (ZAR).
The use of this web site is entirely voluntary and the user hereby respectively indemnifies and hold harmless the Service Provider, their successors and assigns, their respective officers, directors, employees, servants and agents from and against any and all claims, losses, liabilities, suits, judgements, expenses, damages including consequential damages, penalties, fines or indemnity payments of whatsoever kind and nature arising from or in any way connected with the use of this site and/or information contained therein.
Furthermore, Service Provider does not take responsibility for the content, products and or services advertised by the seller on the Service Provider’s website. Responsibility is subject to conditions in paragraph 2 and 3.
The Company reserves the right to change the terms, conditions, and notices under which the Company website is offered, including but not limited to the charges associated with the use of the Company website without notice to the User. The User is responsible is responsible to view these terms and conditions each time it uses the website and online services. The User’s continued use of the website and online services constitutes the User’s agreement to the then current terms and conditions.
Links to Third Party Sites and Services
The Company website and online services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company provides these links only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association between the Company and the operator of such site. Any dealings between the User and any Linked Site in connection with a third party service, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such Linked Site or the operator of such site. The Company will not be responsible or liable for any part of any such dealings.
No Unlawful or Prohibited Use
As a condition of your use of the Company website, you warrant to the Company that you will not use the Company website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Company website in any manner which could damage, disable, overburden, or impair the Company website or interfere with any other party’s use and enjoyment of the Company Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Company website.
Use of Communication Services
The Company website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable the User to communicate with the public at large or with a group (collectively, “Communication Services”). The User agrees to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees that when using a Communication Service, it will not:
- Defame, abuse, embarrass, harass, stalk, slander, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless owned by or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Communication Service that the User knows, or reasonably should know;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations;
- Create a false identity or
- Use or attempt to use another’s account, password, service or system without authorization from the Company;
- Access or attempt to access any service or content which the User is not authorized to access;
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate the User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the Company’s sole discretion.
The User should always use caution when giving out any personally identifying information to any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from the User’s participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of The Company
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. The User is responsible for adhering to such limitations when and if downloading such materials.
Materials Provided to the Company or Posted on the Company Website
The Company does not claim ownership of the materials the User provide to The Company (including feedback and suggestions) or post, upload, input or submit to The Company website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting a Submission the User grants The Company, its affiliated companies and necessary sub-licensees permission to use the Submission in connection with the operation of its Internet and Mobile businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the User’s Submission; and to publish the User’s name in connection with the User Submission.
No compensation will be paid with respect to the use of any Submission, as provided herein. The Company is under no obligation to post or use any Submission the User may provide and may remove any Submission at any time in The Company’s sole discretion.
By posting, uploading, inputting, providing or submitting a Submission the User warrants and represents that all of the rights to the user’s Submission as described in this section including, without limitation, all the rights necessary for the User to provide, post, upload, input or submit the Submissions is owned or otherwise controlled by the User.
The information, software, products, and services included in or available through The Company website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in The Company website at any time. Advice received via The Company website should not be relied upon for personal, medical, legal or financial decisions and the user should consult an appropriate professional for specific advice tailored to the situation.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on The Company website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Termination / Access Restriction
The Company reserves the right, in its sole discretion, to terminate access to the Company website and the related services or any portion thereof at any time, without notice.
This agreement constitutes the entire agreement between the parties and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company with respect to the Company website. In the event of the invalidity of any part or portion of this agreement for any reason whatsoever, such invalidity shall not affect the validity or enforceability of any other part or provision of this agreement and such invalid part or portion shall be deemed to have been struck out of the agreement. No waiver by the Company in respect of the User’s actions or omissions with regard to any breach, failure or default in performance by the User, and no failure, refusal or neglect by the Company to exercise any right hereunder or to insist upon strict compliance with or performance of the User’s obligations under this agreement, shall constitute a waiver of the provisions of this agreement and the Company may at any time require strict compliance with the provisions hereof.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.
Copyright and Trademark Notices
All contents of the Company website are: Copyright 2010 by Junk Mail Publishing and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Country of Domicile
This website is governed by the laws of South Africa. The Service Provider chooses it as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature pertaining to commerce including conditions in the “Electronic Communications and Transactions Act, 2002” and subsequent amendments to such Act.
The Service Provider may not, in its sole discretion, change this agreement or any part thereof at any time without notice.
This website (www.junkmail.co.za) is run by Junk Mail Publishing (Pty) Ltd, based in South Africa trading as itself. Including Blue Dolphin trading as Cape Ads and with registration number (s) respectively: 1991/04503/07 and 1992/05424/07. With the following members and directors:
Gerald Rene Coniel – CEO
Felix Peter Ian Erken – Managing Director
Junk Mail Publishing (Pty) Ltd contact details
SUPPORT AND SERVICE: Contact Details