User Agreement

User Agreement

Last Updated: 28 March 2022.

Our core mission is to empower businesses in South Africa via digital platforms, with a special focus on small and micro businesses with lesser means. Part of our mission and vision is to help people or the community find businesses and services in a meaningful and accessible manner. Our services are designed to promote economic opportunity for our members by enabling them and other professionals and businesses to meet, network, exchange ideas, learn, and find opportunities via a network of trusted relationships.

1. Introduction

1.1 Contract:

When you use our Platform and Services you agree to all of these terms. Your use of our Platform and Services is also subject to our Cookie Policy and our Privacy Policy, which contains information on how we collect, use, share, and store personal information. You agree that by clicking “Log In”, “Register”, “Submit Review”, “Sign Up”, “Submit Report” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with us (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign Up” (or similar features) and do not access or otherwise use any of our Services. If you wish to terminate this contract, you can do so at any time by closing your account and no longer accessing or using our Platform and Services.

1.2 Services:

This Contract applies to KoshOnline.co.za and includes the desktop and/or mobile services, applications, websites, communications and other services stated that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and any “Apply with” and “Share with” plugins. Registered users of our Services are “Subscribers” and unregistered users are “Visitors” or “Users. Furthermore, those who have bought and published listings are “Listing Authors.”

You are entering into this Contract with KoshOnline.co.za (KoshOnline), also referred to as “we”, “us” and “our.” And we will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.

This Contract applies to Subscribers and Visitors and Listing Authors. As a Visitor or Subscriber or Listing Author to our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.

1.4 Changes:

We reserve the right to make changes to the Contract and may do so. We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you with a notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

2. Obligations:

2.1 Service Eligibility:

You are eligible to enter into this Contract and you are at least our “Minimum Age.” The Services are not for use by anyone under the age of 16. To use the Services, you agree that: (1) are the “Minimum Age” or older; (3) you are not already restricted by us from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16. If any law requires that you must be older in order for us to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age becomes such older age as the specific law states.

2.2 Your Account:

You will keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. Subscribers and Listing Authors are account holders. As an account holder, you agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse. As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

2.3 Payment:

You will honor your payment obligations and you are okay with us storing your payment information, if we do so. You understand that there may be fees and taxes that are added to our prices, and refunds are subject to our refund policy.

If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

• Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

• If you purchase a recurring subscription, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.

• We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

• You can get a copy of your invoice through your account dashboard under “Invoices.”

2.4 Notices and Messages:

You’re okay with us providing notices and messages to you via our website, and contact information. If your contact information is out of date, you may miss out on important notices. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided to us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

2.5 Sharing:

When you share information on our Services, others can see, and might be able to copy and use that information. Our Services allow messaging and sharing of information in several ways, such as your profile, articles, posts, links to news articles, messages. Information and content that you share or post may be seen by other Subscribers, Visitors or others. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to our connections, restricting your profile visibility from search engines or businesses, or opting not to notify others of your profile update). We are not obligated to publish any information or content on our Service and can remove it with or without notice.

3. Rights and Limitations:

3.1. Your License to listigno.co.za: You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it. We will honor the choices you make about who gets to see your information and content, including how it can be used for ads. As between you and us, you own the content and information that you submit or post to the Services, and you are only granting us the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services, subject to your settings.

We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post we will allow other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services.

While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license. You and us agree that if content includes personal data, it is subject to our Privacy Policy. You and us agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding our Services to us, you agree that we can use and share (but does not have to) such feedback for any purpose without compensation to you. You promise to only provide information and content that you have the right to share, and that your profile will be truthful. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. We may be required by law to remove certain information or content in certain countries

3.2 Service Availability:

We may change or end any Service or modify our prices prospectively. We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law. We do not promise to store or keep showing any information and content that you have posted. We are not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy. As a courtesy we do store your business page/listing for 60 days after expiry in case you want to buy a new subscription.

3.3 Other Content, Sites and Apps:

Your use of others’ content and information posted on our Services, is at your own risk. Others may offer their own products and services through our Services, and we are not responsible for those third-party activities. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others.

We may help connect Members offering their products and services (accounting, plumbers etc.) with Members and Visitors seeking products or services. We do not perform nor employ individuals or professionals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that we do not supervise, direct, control or monitor Members in the performance of these services and agree that (1) We are not responsible for the offering, performance or procurement of these services, (2) We do not endorse any particular Member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between us and any Member offering services. If you are a Member offering products or services, you represent and warrant that you have all the required licenses and will provide services consistent with Professional Policies.

Similarly, we may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) we are not responsible for the conduct of any of the Members or other attendees at such events, (2) we do not endorse any particular event listed on our Services, (3) we do not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.

3.4 Limits:

We have the right to limit how you connect and interact on our Platform and Services. We reserve the right to limit your use of our Services, including the number of your connections and your ability to contact other Members. We reserve the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services in any way (e.g., violating any of the Dos and Don’ts).

3.5 Intellectual Property Rights:

We are providing you notice about our intellectual property rights. We reserve all of our intellectual property rights in the Services, including Demo content that forms part of mission. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. lisingo.co.za logos and other trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of us.f

3.6 Automated Processing:

We use data and information about you to make relevant suggestions to you and others. We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.

4. Disclaimer and Limit of Liability:

4.1 No Warranty:

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. WE AND OUR AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.2 Exclusion of Liability:

These are the limits of legal liability we may have to you. TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), WE, INCLUDING OUR AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO US FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) ZAR R1000.

4.3 Basis of the Bargain; Exclusions:

The limitations of liability in this Section 4 are part of the basis of the bargain between you and us and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if we or our affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

5. Termination:

We can each end this Contract, but some rights and obligations survive. Both you and us may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use our Services. The following shall survive termination:

• Our rights to use and disclose your feedback;

• Members and/or Visitors’ rights to further re-share content and information you shared through the Services;

• Sections 4, 6, 7, and 8.2 of this Contract;

• Any amounts owed by either party prior to termination remain owed after termination.
• You can visit your account dashboard to close your account.

6. Governing Law and Dispute Resolution: In the unlikely event we end up in a legal dispute, you and us agree to resolve it in South African courts using South African law. This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence. If you live in the Designated Countries: You and us agree that the laws of South Africa, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and us agree that claims and disputes can be litigated only in Johannesburg, South Africa and we each agree to personal jurisdiction of the courts located in Johannesburg, South Africa. For others outside of Designated Countries, including those who live outside of the United States: You and us agree that the laws of South Africa, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and us agree that claims and disputes can be litigated only in Johannesburg, South Africa and we each agree to personal jurisdiction of the courts located in Johannesburg, South Africa.

7. General Terms:

If a court with authority over this Contract finds any part of it unenforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we do not act to enforce a breach of this Contract, that does not mean that we have waived our right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that we may assign this Contract to our affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract. You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8. Our “Do’s and Don’ts:”

We are a community of businesses and professionals. This list of “Dos and Don’ts” limit what you can and cannot do on our Platform and Services.

8.1. Do’s:

• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

• Provide accurate information to us and keep it updated;

• Use your real name on your profile; and

• Use the Services in a professional manner.

8.2. Don’ts:

• Create a false identity, misrepresent your identity, create a Member profile for anyone other than yourself or a business (authorized employees only), or use or attempt to use another’s account;

• Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;

• Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);

• Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of us;

• Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));

• Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;

• Violate the intellectual property or other rights of us, including, without limitation, (i) copying or distributing our materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word KoshOnline.co.za or KoshOnline or our logos in any business name, email, or URL;

• Post anything that contains software viruses, worms, or any other harmful code;

• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;

• Imply or state that you are affiliated with or endorsed by us without our express consent;

• Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without our consent;

• Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without our consent;

• Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

• Monitor the Services’ availability, performance or functionality for any competitive purpose;

• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

• Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);

• Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or

• Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

9. Complaints Regarding Content:

Contact information for complaint about content provided by our Members:

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members, you may contact us online.

10. How To Contact Us:

Our Contact information:

Our Help Center also provides information about our Services. For general inquiries, you may contact us online. For legal notices or service of process, you may write to us at this address.