Application and Acceptance of the Terms
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and conditions”), including those additional terms and conditions and policies referenced herein. These Terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content
4asteal.com, is located at, 60 Sphiwe Zuma Ave, Umbilo, Durban 4001, to provide operational support for www.4asteal.com
Tel: 27 31 468 8737
Address: 60 Sphiwe Zuma Ave, Umbilo, Durban.4001
1. Application and Acceptance of the Terms
- 1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age (at least 18 years old) to form a binding contract with 4asteal.com, or (b) you are not permitted to receive any Services under the laws of local country / region including that in which you are resident or from which you use the Services.
- 1.3 You acknowledge and agree that 4asteal.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
- 1.4 If 4asteal.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
- 1.5 You may be required to enter into a separate agreement, whether online or offline, with 4asteal.com or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
- 1.6 The Terms may not otherwise be modified except in writing by an authorized officer of 4asteal.com.
2. Provision of Services
- 2.1 You must register as a User on the Site in order to access and use some Services. Further, 4asteal.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that 4asteal.com may impose at our discretion.
- 2.2 Some Services may be provided by 4asteal.com’s affiliates on behalf of 4asteal.com.
- 2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. 4asteal.com may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
- 2.4 4asteal.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except in the case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
3. Users Generally
- 3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
- 3.2 You agree to use the Site or Services solely for your own private purposes. You agree that:
- (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and
- (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with 4asteal.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from 4asteal.com is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
- 3.4 4asteal.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web site. You are cautioned to read such web-site’s terms and conditions and/or privacy policies before using the Site. You acknowledge that 4asteal.com has no control over such third parties’ web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
- 3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of 4asteal.com and/or any other User nor to gain unauthorized access to such computer systems or networks.
- 3.6 You agree not to undertake any action which may undermine the integrity of 4asteal.com’s feedback system, such as leaving positive feedback for yourself using secondary User ID’s or through third parties or by leaving unsubstantiated negative feedback for another User.
- 3.7 By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to 4asteal.com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to 4asteal.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, such as using as product description on 4asteal.com, advertising outside 4asteal.com and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to 4asteal.com that you have all the rights, power and authority necessary to grant the above license.
4. User Accounts
- 4.1 A User must be registered on the Site to access or use some Services (a registered User is also referred to as a “User” below). Except with 4asteal.com’s approval, one User may only register one-User account on the Site. 4asteal.com may cancel or terminate a User’s account if 4asteal.com has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, 4asteal.com may reject a User’s application for registration for any reason.
- 4.2 Upon registration on the Site, 4asteal.com shall assign an account and issue a User ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the User to send or receive emails.
- 4.3 A username/email and password are unique to a single account. Each User shall be solely responsible for maintaining the confidentiality and security of their User ID and password and for all activities that occur under your account. No User may share, assign, or permit the use of your User account, ID or password by another person outside of the User’s own business entity. The User agrees to notify 4asteal.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
- 4.4 The User agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending an SMS will be deemed to have been authorized by the User.
- 4.5 The User acknowledges that sharing of your account with other persons or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to 4asteal.com or other Users of the Site. The User shall indemnify 4asteal.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account.
5. User’s Responsibilities
- 5.1 Each User represents, warrants and agrees that they have full power and authority to accept the Terms in this agreement.
- 5.2 The User will be required to provide information or material about your entity as part of the registration process on the Site for an account. Each User represents, warrants and agrees that
- (a) such information and material, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete; and
- (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
- 5.4 Each User represents, warrants and agrees that any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”).
- 5.5 Each User further represents, warrants and agrees that the User Content that you submit, post or display shall:
- (a) Be true, accurate, complete and lawful;
- (b) Not be false, misleading or deceptive;
- (c) Not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- (d) Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- (e) Not contain any link directly or indirectly to any other web Site which includes any content that may violate these Term and conditions.
- 5.6 Each User further represents, warrants and agrees that you shall:
- (a)Carry on your activities on the Site in compliance with any applicable laws and regulations;
(b) Carry on your activities in accordance with the Terms and any applicable Additional Agreements;
- (c) Not use the Services or Site to defraud any person or entity;
- (d) Not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- (e) Not engage in spamming or phishing;
- (f) Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
- (g) Not involve attempts to copy, reproduce, exploit or expropriate 4asteal.com various proprietary directories, databases and listings;
- (h) Not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- (i) Not involve any scheme to undermine the integrity of the data, systems or networks used by 4asteal.com and/or any user of the Site or gain unauthorized access to such data, systems or networks;
- (j) Not engage in any activities that would otherwise create any liability for 4asteal.com or our affiliates.
- (a)Carry on your activities on the Site in compliance with any applicable laws and regulations;
- 5.7 A User may not use the Services and User account messaging to engage in activities which are identical or like 4asteal.com’s e-commerce business.
- 5.8 The User agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for 4asteal.com provision of the Services, evaluating whether User has breached the Terms and/or handling any complaint against the User. If User’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, 4asteal.com shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
- 5.9 The User acknowledges and agrees that 4asteal.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. 4asteal.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any User. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
6. Breaches by Users
- 6.1 4asteal.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject 4asteal.com or our affiliates to liability, or is otherwise found inappropriate in 4asteal.com’s opinion.
- 6.2 If any User breaches any Terms or if 4asteal.com has reasonable grounds to believe that any User is in breach of any of the Terms, 4asteal.com shall have the right to impose a penalty against the User, or suspend or terminate the User’s account or subscription of any Service without any liability to the User. 4asteal.com shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by 4asteal.com. The penalties that 4asteal.com may impose include, among others, warning, removing any product listing or other User Content that the User has submitted, posted or displayed, imposing restrictions on the number of product listings that the User may post or display, or imposing restrictions on the User’s use of any features or functions of any Service for such period as 4asteal.com may consider appropriate in our sole discretion.
- 6.3 Without limiting the generality of the provisions of the Terms, a User would be considered as being in breach of the Terms in any of the following circumstances:
- (a) 4asteal.com has reasonable grounds to suspect that such User has used a stolen credit card or other false or misleading information in any transaction with a counter party,
- (b) 4asteal.com has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading, or
- (c) 4asteal.com believes that the User’s actions may cause financial loss or legal liability to 4asteal.com or our affiliates or any other Users.
- 6.4 4asteal.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, 4asteal.com may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. 4asteal.com shall not be liable for damages or results arising from such disclosure, and User agrees not to bring any action or claim against 4asteal.com for such disclosure.
- 6.5 If a User is in breach of the Terms, 4asteal.com also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, 4asteal.com also reserves the right to disclose the records of such breach to our affiliates. Such 4asteal.com affiliates may impose limitation on, suspend or terminate the User’s use of all or part of the services provided by such affiliates to the User, take other remedial actions, and publish the records about the User’s breach of the Terms on the website operated by or controlled by such 4asteal.com
- 6.6 4asteal.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the User’s use of any Service or the Site without being liable to the User if 4asteal.com has received notice that the User is in breach of any agreement or undertaking with any affiliate of 4asteal.com and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. 4asteal.com shall have the right to publish the records of such breach on the Site. 4asteal.com shall not be required to investigate such breach or request confirmation from the User.
- 6.7 Each User agrees to indemnify 4asteal.com, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
- 6.8 Each User further agrees that 4asteal.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. 4asteal.com reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with 4asteal.com in asserting any available defences.
7. Transactions Between Customers and 4asteal.com
- 7.1 Customers agrees to provide all information and materials as may be reasonably required by 4asteal.com in connection with orders placed at 4asteal.com
- 7.2 Each User agrees that 4asteal.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any use or storage of any products purchased from 4asteal.com.
- 7.3 4asteal.com will maintain all applicable PCI DSS standards and protect all data provided by the cardholder.
- 7.4 When you make a purchase, you agree that the risk of loss transfers from 4asteal.com to you from the moment we deliver your order to the carrier. You will bear all related liabilities and risks during the third-party transportation of your order.
8. Limitation of Liability
- 8.1 To the maximum extent permitted by law, the services provided by 4asteal.com on or through the sites are provided “as is”, “as available” and “with all faults”, and 4asteal.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. all such warranties, representations, conditions, and undertakings are hereby excluded.
- 8.2 To the maximum extent permitted by law, 4asteal.com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the sites; 4asteal.com does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the sites does not violate any third party rights; and 4asteal.com makes no representations or warranties of any kind concerning any product or service offered or displayed on the sites
- .8.3 Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to 4asteal.com’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from 4asteal.com or through or from the Site shall create any warranty not expressly stated herein.
- 8.4 Each User hereby further agrees to indemnify and save 4asteal.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that 4asteal.com is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. 4asteal.com reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with 4asteal.com in asserting any available defences.
- 8.5 4asteal.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
- (a) The use or the inability to use the Site or Services;
- (b) Any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
- (c) Unauthorized access by third parties to data or private information of any User;
- (d) Statements or conduct of any User of the Site; or;
- (e) Any matters relating to Services however arising, including negligence
- 8.6 Notwithstanding any of the foregoing provisions, the aggregate liability of 4asteal.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to 4asteal.com or our affiliates during the calendar year and (b) ZAR 1,000. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose.
- 8.7 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether 4asteal.com has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
- 9.1 Under no circumstances shall 4asteal.com be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
10. Intellectual Property Rights
- 10.1 4asteal.com is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with 4asteal.com, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by 4asteal.com are hereby reserved.
- 10.2 4asteal.com and related icons and logos are registered trademarks or trademarks or service marks of 4asteal.com.
- 10.3 4asteal.com may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
- 11.1 All legal notices or demands to or upon 4asteal.com shall be made in writing and sent to 4asteal.com personally, by courier, certified mail or fax to the followig address: 60 Sphiwe Zuma Ave, Umbilo, Durban, 4001. The notices shall be effective when they are received by 4asteal.com in any of the above-mentioned manners.
- 11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by fax or email to the last-known correspondence, fax or email address provided by the User to 4asteal.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User when.
- (a) 4asteal.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
- (b) Immediately upon 4asteal.com posting such notice on an area of the Site that is publicly accessible without charge.
- 11.3 You agree that all agreements, notices, demands, disclosures and other communications that 4asteal.com sends to you electronically satisfy the legal requirement that such communication should be in writing.
12. General Provisions
- 12.1 4asteal.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
- 12.2 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
- 12.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- 12.4 4asteal.com’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of 4asteal.com’s right to act with respect to subsequent or similar breaches.
- 12.5 4asteal.com shall have the right to assign the Terms (including all our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of 4asteal.com). You may not assign, in whole or part, the Terms to any person or entity.
- 13.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- 13.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- 13.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- 13.4 Such termination shall not affect any rights to relief to which we may be entitled
- 13.5 Upon termination of these terms and conditions, all rights granted to you will terminate and revert to us.
14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall 4asteal.com.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law
15. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
9.CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.