Website terms of use and privacy policy for SUPPLIER SWOP

www.supplierswop.com or www.supplierswop.co.za

Welcome to www.supplierswop.com or www.supplierswop.co.za or mobile properties, including related applications!

  1. WEBSITE TERMS AND CONDITIONS OF USE
    1. This document sets out the terms and conditions and privacy policy (“Terms“) of Supplier Swop (Pty) Ltd, registration number [2016/098590/07], a private company, duly incorporated in terms of the laws of the Republic of South Africa, with physical address [Morningside, South Africa] (“Supplier Swop” or “We”) pertaining to the access and use of the information, products, services and functions provided on www.supplierswop.com or www.supplierswop.co.za or mobile properties, including related applications (“Website“).
    2. Should any person complete the registration process, tick the tick-boxes associated with the registration process and access the Website (“You” or “User“) disagree with any of the Terms, You must refrain from accessing the Website and/or using our Services. “User” includes both “Service Provider” and “Service Selector”. “Service Provider” is a user that is offering his/her services to the “Service Selector” on the Website; and the Service Provider shall pay for his/her inclusion on the Website in terms of clause 5 of these Terms. “Service Selector” is a user who views the various Service Providers and their services on the Website and selects therefrom a Service Provider who s/he wishes to use. Once the match between Service Provider and Service Selector has occurred, and Service Selector has engaged the Service Provider, We are no longer responsible for the interaction between the Service Provider and Service Selector.
    3. If You are under the age of 18, You must obtain your parent’s or legal guardian’s prior consent to be bound by these Terms before purchasing any products or services.
    4. THIS IS AN IMPORTANT SUB-CLAUSE: The Services We provide through the Website are a voluntary platform within which Service Selectors may select the services located on the Website offered by that Service Provider. During the registration process We have collected, collated and/or processed your personal information for the above purpose. This is the purpose for which we collect Your personal information. We create a newsletter every month for your information. If You wish to obtain a copy of the newsletter, please contact Us at admin@supplierswop.co.za or opt-in on the Website.
    5. Supplier Swop reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous terms and shall be made available on the Website. Each time You access the Website and/or use the Services, You shall be deemed to have consented, by such access and/or use, to the new Terms, as amended and/or replaced by Supplier Swop from time to time. It is Your responsibility to regularly check whether there have been any updates to the Terms. If You are not satisfied with the amended Terms,You should refrain from using or accessing the Website.
    6. We will however give you prior notice where We have collected personal information from You and whether and the manner in which the purpose for which We collected that information is affected by the intended amendment.
    7. If there is anything in these Terms that You do not understand, then please contact Us as soon as possible in terms of clause 12. We will be happy to explain anything You do not understand. Please note that calls to Us are charged at national/mobile rates and may be monitored for training, security and quality assurance purposes.
  2. CONTENT OF THE WEBSITE AND CONTENT LICENCE
    1. Supplier Swop reserves the right to make improvements, to change or discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
    2. Supplier Swop reserves the right to change and amend the products and/or Services on this Website, from time to time, without notice.
    3. Supplier Swop may use the Services of third parties to provide information on the Website. Supplier Swop has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided “as is” and that Supplier Swop and its online partners shall not be liable for any losses or damages that may arise from your reliance on it, howsoever these may arise.
    4. Supplier Swop makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
      1. Supplier Swop does not warrant that the Website or information or downloads shall be error-free or that that they shall meet any particular criteria or performance and/or quality. Supplier Swop expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement, compatibility, security and accuracy, except for gross negligence.
      2. Supplier Swop has taken reasonable measures to ensure the integrity of the Website and its contents, and no warranty, whether express or implied is given that any files, downloads or applications available from the Website are free of viruses, or any other data or code which has the ability to correct, damage or affect the operation of the user systems, except where gross negligence is proved; and
      3. Supplier Swop disclaims any responsibility for the verification of any claims. Information published on the Website may be done so in the format in which Supplier Swop receives it and statements from external parties are accepted as fact.
    5. Supplier Swop grants you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferable, and non-exclusive license to access the Website and its content. This license is for a restricted purpose i.e. to allow you to use the Services in a manner permitted by these Terms and the Services’ functionality and capabilities. In the event that We revoke this licence, You may no longer access the Website or its Services or make use of any of the content located on the Website. By agreeing to these Terms, You agree that You do not acquire any ownership rights or rights of use in or to any content on the Website and in the Services.
  3. LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT
    1. Supplier Swop may provide links to third-party websites and third-party content on the Website. These links and content are provided to You for convenience purposes only and Supplier Swop does not endorse, nor does the inclusion of any link or content imply Supplier Swop’s endorsement of such websites, the owners, licensees or administrators of such websites or their content or security practices and operations.
    2. THIS IS AN IMPORTANT SUBCLAUSE: While Supplier Swop tries to provide links and content only to reputable websites and from reputable content providers, Supplier Swop cannot accept responsibility or liability for the information provided on other websites or in other content. Linked websites or pages are not under, nor subject to, the control of Supplier Swop. Supplier Swop is not responsible for and gives no warrantees and makes no representations in respect of the terms, privacy policies or practices of linked or any third party that use the Website.
    3. You agree that Supplier Swop shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any website or any links contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as a result of the presence of such third-party linked websites or content on the Website. Any dealings that you may have with any linked websites or content found on the Website, are solely between you and the third-party websites or third-party.
  4. USAGE RESTRICTIONS

    You hereby agree that you will comply with all applicable laws of South Africa, these Terms, and You shall not Yourself, nor through a third-party:

    1. copy (other than for backup, archival or disaster recovery purposes), duplicate, reproduce, translate, adapt, vary, modify, lease, license, sublicense, or in any other way deal with any part of the Website, for any reason and in any manner, unless it is consistent with the intent and purpose of these terms;
    2. decompile, disassemble or reverse engineer any portion of the Website;
    3. write and/or develop any derivative of the Website or any software program based on the Website;
    4. modify or enhance the Website. In the event of a user effecting any modifications and enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Supplier Swop;
    5. without Supplier Swop’s prior written consent, provide, disclose, divulge or make available to or permit the use of any or give access to the Website by persons other than You;
    6. remove any identification, trade mark, copyright or other notices from the Website
    7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind;
    8. create a false identity or otherwise attempt to mislead any person as to Your identity or the origin of any communication through the Website;
    9. reformat or reframe any portion of the pages of the Website, save to the extent expressly permitted by these Terms and/or the applicable laws of South Africa;
    10. disseminate or transmit files, graphics, software or any other material which actually or potentially infringes any other person’s intellectual property;
    11. export, re-export or otherwise transmit data, information, software or any other material in contravention of relevant South African laws and these Terms;
    12. interfere with, disrupt or attempt to gain unauthorised access to information of other users of the Website;
    13. use the Website in any manner that violates the privacy or other user rights of any other person, whether another user or not; and/or
    14. without the express permission of Supplier Swop, sell, resell, or exploit in any manner, any aspect or element of the Website.
  5. PAYMENT AND TERMINATION TERMS
    1. The monthly fee is R249.00 and the annual fee is R2500.00 for each Service Supplier.
    2. All payment transactions will be processed in South African Rands (ZAR). We accept the following methods of payment:
      1. VISA and Mastercard credit cards;
      2. Debit orders for monthly and annual payments; or
      3. EFT payments for annual payments only.
    3. If you choose to pay by EFT, the full amount of R2500 (Two thousand five hundred Rand) will need to be paid up front.
    4. Service Provider may inform us that s/he wishes to change the method of payment by emailing admin@supplierswop.co.za.
    5. Payment may be made by credit card using the payment system provided on the Website, debit orders and Electronic Funds Transfer (EFT), the latter only being for annual payments.
    6. A record of the transaction referred to above will be provided to the Service Provider within ten (10) working days from the date of the payment.
    7. In terms of section 44 of the Electronic Communications and Transactions Act number 25 of 2002 (“ECTA”) the Service Provider is entitled to a “cooling off period” of seven (7) days from the date of accepting our Terms and completing the registration process and paying the above amount, wherein the Service Provider may cancel the transaction without any penalty.
      1. Where a one-time or periodic fee is charged as referred to above, the amount so paid remains the property of the Service Provider until the Supplier Swop makes a charge against it in accordance with sub-clause 5.8.2 below.
      2. Supplier Swop may make a charge against the Service Provider’s payment contemplated in sub-clause 5.8.1 above, once, each month, in advance for the pro-rata portion of the amount so held, as required to be paid in the ensuing month.
      3. If Supplier Swop intends to close a facility to which the Service Provider has committed to provide future access in relation to these Terms, without making available a reasonably accessible alternative facility, Supplier Swop shall —
        (a) give written notice of that intention to such Service Provider at least 40 business days before the intended date of closure; and
        (b) no later than five business days after closing that facility, refund to such consumer the balance of any money belonging to that consumer in terms of this section.
      4. Sub-clause 5.8.3(b), read with the changes required by the context, applies equally in respect of any involuntary closing of a facility contemplated in this clause 5.
    8. Where any of the above transactions are considered to be a fixed-term agreement, then –
      1. You may cancel this agreement upon the expiry of the fixed term, without penalty or charge, subject to sub-clause 5.9.4 and 5.9.5;
      2. You may cancel this agreement, at any stage, upon 20 business days’ notice to Us at our contact details in clause 12 below, without the necessity for breach on Our part;
        1. We may cancel this agreement upon 20 business days’ notice to you to your email address provided, should you be guilty of a material failure to comply with these Terms and Privacy Policy, unless you rectify the failure within that time and notify us accordingly.
        2. We shall notify You in writing or by data message between 40 and 80 days prior to the impending expiration of the fixed term agreement, and shall inform You of any material changes to the agreement that would apply if You wish to renew the fixed term agreement and which may otherwise continue beyond the expiration date and the options available to You, including as to whether it will be automatically renewed on a month-to-month basis (subject to the changes referred to above), unless You expressly inform Us that You wish to terminate the fixed term agreement on the expiration date, or agree to a renewal of the fixed term agreement for a further fixed term.
      3. Upon cancellation of the agreement, you remain liable to Supplier Swop for any and all amounts still owing to Supplier Swop in terms of the agreement up to the date of cancellation.
      4. Supplier Swop may impose a reasonable cancellation penalty for any services supplied in contemplation of the agreement enduring for its fixed term, and shall credit You with any amount that remains Your property as at the date of cancellation.
  6. SECURITY
    1. In order to ensure the security and the reliable operation of the Services to all Supplier Swop’s Users, Supplier Swop hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network, servers and back office applications and operations.
    2. You may not utilize the Website in any manner which may compromise the security of Supplier Swop’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorized access to the Website, or delivering or attempting to deliver any unauthorized, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable by the authorities. Further, should Supplier Swop suffer any damage or loss, civil damages may be claimed by Supplier Swop against you.
    3. Any user who commits any of the offences detailed in Chapter 13 of the ECTA, specifically sections 85 to 88 (inclusive) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Supplier Swop and its affiliates, agents and/or partners.
  7. INTELLECTUAL PROPERTY RIGHTS
    1. For the purpose of this clause, the following words shall have the following meanings ascribed to them: “intellectual-property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled, directly or under license, by Supplier Swop, now or in the future, including without limitation, Supplier Swop’s rights, title and interests in and to all technology, source code/s, object code/s trade secrets, confidential information, logos, trademarks systems, methods, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
    2. All copyright and other intellectual property rights in all content, trade marks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or licensed to, Supplier Swop and as such are protected from infringement by local and international legislation and treaties.
    3. By commenting or rating a Supplier and/or submitting any other content (other than your personal information) to Supplier Swop for posting on the Website, User automatically grants Service Provider and its affiliates, agents and/or partners, a nonexclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this license, You retain any and all rights that may exist in such content.
    4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in the Website is granted to You.
    5. Except with the Supplier Swop’s express written permission, no proprietary material from the Website may be copied or retransmitted.
    6. Irrespective of the existence of copyright, You acknowledges that Supplier Swop is the proprietor of all material on the Website, (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
    7. Supplier Swop authorizes You only to view, copy, temporarily download to a local drive and to print the content of the Website, or any part thereof, provided that such content is used for personal purposes; for information purposes, and for non-commercial purposes only and is in line with fair dealing principles.
  8. RISK, LIMITATION OF LIABILITY AND INDEMNITY
    1. Your use of this Website and the information contained on the Website is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.
    2. The transmission of information via the Internet, including without limitation e-mail, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner (whether e-mail or any other form of data message). Under no circumstances shall Supplier Swop be liable for any loss, harm, or damage suffered by You as a result thereof. Supplier Swop reserves the right to request independent verification of any information transmitted via e-mail and you consent to such verification should Supplier Swop deem it necessary.
    3. To the maximum extent permissible by law:
      1. neither Supplier Swop, its affiliates, licensees, members, shareholders, agents, consultants, contractors or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise, except for gross negligence) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or any linked website or content, even if Service Provider knows, or should reasonably have known or is expressly advised thereof.
      2. The liability of Supplier Swop for faulty execution of the Website as well as all damages suffered by You, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to Supplier Swop rectifying the malfunction, within a reasonable time and free of charge, provided that Supplier Swop is notified immediately of the damage or faulty execution of the website. The liability contained in this clause 8.3.2 shall fall away and be expressly excluded if you attempt to correct or allow third parties to correct, or attempt to correct, the Website without the prior written consent of Supplier Swop. However, in no way shall Supplier Swop be liable to You for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website, or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software;
      3. As Supplier Swop, We cannot be responsible for the actions and/or omissions of our licensees, affiliates, associates, partners, agents, contractors or consultants, nor their compliance with the Consumer Protection Act number 68 of 2008 (“CPA”), the ECTA and the Protection of Personal Information Act number 4 of 2013 (“POPI”) and other relevant laws of South Africa, and therefore, We shall not be held liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the actions or omissions of the above entities; nor their compliance with the CPA, ECTA and POPI.
      4. You hereby, unconditionally and irrevocably, indemnify Supplier Swop and agree to hold Supplier Swop free in law from all loss, damages, claims and all costs, of whatsoever nature suffered or incurred by Supplier Swop or instituted against Supplier Swop as a direct or indirect result of:
        1. Your use of the Website;
        2. software, programs and support services supplied by, obtained by or modified by You or any third party without the consent or knowledge of Supplier Swop;
        3. Your failure to comply with any of the Terms or any other requirements which Supplier Swop may impose from time to time;
        4. the actions or requirements of any telecommunications authority or supplier of telecommunication services or software;
        5. the unavailability of, or interruption in, the Services which are beyond the control of Supplier Swop.
        6. the actions and/or omissions of our licensees, affiliates, partners, associates, contractors and the like, except where gross negligence by Supplier Swop can be proved.
    4. Supplier Swop makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and denounce any and all rights of whatsoever nature that you may have against Supplier Swop for any loss suffered by you as a result of information supplied by Supplier Swop’s being incorrect, incomplete or inaccurate.
  9. PRIVACY AND COOKIE POLICY
    1. This clause provides details about our privacy and cookie policy, which policy forms part of these Terms. Supplier Swop takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect and process from you in accordance with this privacy policy and POPI. This privacy policy sets out how we use and secure any personal information that You provide to Us when using our Services. This privacy policy has been inserted and implemented in order to ensure your safety and assure you that we take your privacy seriously. It also provides you with our details, should you wish to contact Us about anything contained in these Terms and Privacy Policy. If you have any questions, please contact us at admin@supplierswop.co.za or in terms of clause 12.
    2. The Services Supplier Swop provides through the Website is a voluntary platform within which Service Providers can display their services to Service Selectors, who may select amongst all the services and Service Providers on the Website to conduct services on his/her behalf. When You submit Your personal information to Supplier Swop, You agree that We may collect and process such information on the basis described in this policy and in terms of the law. Supplier Swop’s Service Providers are generally home and office and general maintenance service providers and are vetted by Supplier Swop.
    3. ‘personal information’ when used in this policy means information that can identify you as an individual. By ‘personal information’ we do not mean general, statistical, aggregated, anonymized or special personal information.
    4. The Website may collect certain information about your visit, such as the name of the Internet Service Provider (ISP) and the Internet Protocol (IP) address used by you to access the Internet and the Website; the date, time and duration of such access and the internet address of the Website from which You connected to the Website. This information is used to assist us in improving the Website, analysis of trends and administration the Website.
    5. Supplier Swop may use, via the Website, cookies and tracking technology. This information is useful in collecting information such as browser type and operating system, tracking the number visitors to the Website and how Users use the Website. Personal information cannot be collected via cookies or other tracking systems; however, cookies may be associated with previously-provided personal information. This information may be shared with other parties, according to law and this privacy policy.
    6. Your use of our services signifies its consent to our collecting and using Your personal information as specified below.
    7. What information does Supplier Swop collect your personal information? When you use the Website, We collect information relating to you and your use of our services from a variety of sources. These are listed below:
      1. Registration information. You need a Website account before You can use the Services. When you register, we collect your personal information such as name, username, password, identity number or passport number and e-mail address.
      2. List of Interests. Supplier Swop may collect and process and store a list of Services You are interested in or have made use of in the past.
      3. Billing information. If you make a payment to Us, We require that you provide your billing details, such as name, address, email address and financial information corresponding to your selected method of payment (e.g. credit card number, expiry date, CVV number or a bank account number). If you provide a billing address, we will regard that as the location of the account holder. See clause 5 above.
      4. Account settings. You can set various preferences and personal details on pages like your account settings page.
      5. Monitoring of Users’ use of the Website. To the extent permitted by law, Supplier Swop may monitor your use of the Website, including by using geo-location, Local Storage Objects (“LSOs”) and other tools and systems. The information gathered through these processes may also be collected and processed. By accepting our Terms and privacy policy, you agree that Your geo-location may be collected via GSM Network Technology and other methods, where appropriate. Therefore, you warrant that your cellular telephone details are correct and that You are the legal owner thereof. This will be deemed as written consent in terms of section 12 of the ECTA that such may be collected by Supplier Swop.
      6. Passwords. Your passwords are hashed using an efficient and brute-force resistant “bcrypt” algorithm with a unique salt. Passwords are collected, processed and stored as hashes (never as plain text) and are never sent as plain text in emails. Email resets for forgotten passwords require a unique authorisation link that is sent in an email and cannot be re-used.
      7. Other data you intentionally share. We may collect Your personal information or data if You submit it to Us in other contexts.
      8. Indications that User has opted-in or -out of certain features or communications.
    8. How do we use the information we collect?
      1. We use your information only for the purposes detailed within these Terms – see clause 1.4. We use your personal information to provide Our Services to You. Feature descriptions will be clearly visible on the Website or a page on the Website.
      2. We may use your data in compiling statistics as per the purpose for collecting your personal information. See clause 1.4.
      3. We may use your information internally, to monitor, maintain and improve Our Services and features. This directly benefits You, as We are able to provide a more improved offering by virtue of collecting your personal information.
      4. To enforce our Terms and Privacy Policy.
      5. To update our records about User;
      6. For internal record-keeping purposes.
      7. To prevent potentially illegal activities and contraventions of these Terms e.g. to screen for and prevent undesirable or abusive activities.
      8. To contact you about your service or account.
        We occasionally send you communications related to service announcements, billing-related matters, changes to our services, policies or terms, and a welcome email when you first register. You cannot opt-out of these communications and they are for your benefit and are required in order for us to perform our services.
      9. To send you a copy of our newsletter. If You wish to receive our newsletter, please send an email to admin@supplierswop.co.za and let Us know that You wish to receive further copies of the newsletter; or opt-into receive the newsletter on Our Website. Additionally, you may deregister for newsletters on the Website or email us at admin@supplierswop.co.za.
      10. To respond to legal requests and prevent harm.
        In terms of the POPI Act, We are required to provide personal information to any government authorities in terms of any legal request made by them for your personal information.
    9. How long do we keep information?
      Unless there is a specific legal requirement requiring Us to keep information for longer, We will not keep it for longer than is necessary for the purpose for which the information was collected or for which it is to be processed or in terms of POPI. As soon as reasonably possible after completing the purpose or after being requested to do so, Supplier Swop will destroy, delete or de-identify a record of a User’s personal information.
    10. With whom do we share or disclose your information?
      1. We disclose your personal information in terms of the purpose for which it was collected. See clauses 1.4.
      2. According to law, we are required to protect your personal information unless requested by a relevant authority (SAPS and other security agencies, SARS and other governmental agencies).
    11. When and where do we use cookies?
      We use cookies on the Website. Cookies are small portions of data that Supplier Swop stores on the device You use to access the Website so that We can recognise repeat users. Each cookie expires after a certain period of time, depending on what it is used for. We use cookies for several reasons, including:
      1. To make the Website easier to use and improve our Services and products;
      2. For security reasons;
      3. To provide you with personalised content, for example our newsletter; and
      4. Google Analytics, SLOs and geolocation.
    12. We currently do not process or comply with any web browser’s “do not track” signal or other similar mechanism that indicates a request to disable online tracking of Our users who visit other websites and apps, but in compliance with this clause.
    13. How can you refuse or opt out of cookies?
      If you do not wish to be tracked via cookies or other means, remember to disable cookies or regularly delete cookies in your browser.
    14. If you stop using the Website and do not remove your personal information from the Website, such personal information will be destroyed, deleted or de-identified by Supplier Swop in accordance with POPI, unless it forms part of Supplier Swop’s purpose and for so long as the personal information is required to perform such purpose. IF YOU WISH TO DELETE PARTS OR ALL OF YOUR PERSONAL INFORMATION YOURSELF, PLEASE GO TO THE WEBSITE, WWW.SUPPLIERSWOP.CO.ZA, AND DELETE YOUR ACCOUNT AND PROFILE OR PARTS THEREOF. ALSO, IF YOU WISH TO RECEIVE A COPY OF THE RECORD WE RETAIN RELATED TO YOUR PERSONAL INFORMATION, PLEASE REQUEST IT FROM US USING THE CONTACT DETAILS BELOW IN CLAUSE 10.
    15. How can you manage your privacy preferences? THIS IS IMPORTANT: By managing your security settings on your web browser.
    16. Supplier Swop will inform You (in writing by email, physical address, postal address, placed prominently on the Website, published in news media or as may be directed by the Regulator) and the Regulator (in writing), if there has been a breach of its security relative to the personal information of its users, as soon as reasonably possible after such breach, where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person, unless the identity of the affected user cannot be established.
    17. Supplier Swop is committed to ensuring that your information is kept secure. In order to prevent unauthorised access or disclosure, Supplier Swop has implemented suitable physical, electronic and managerial procedures to protect and secure your valuable, confidential and personal information that we collect from you and online. The systems we use make use of relatively secure data transmission and storage protocols and technologies to reasonably protect your personal information and prevent unauthorised disclosure and its maintenance and integrity. These protocols and technology’s implementation are essential to our running the Website efficiently and effectively. If you do not approve of our incorporating such protocols and technology, You are advised to refrain from using our Website and to delete your profile from the Website.
  10. CONFIDENTIALITY
    1. By subscribing as a User, You agree that You shall hold in the strictest confidence and not disclose to any third party, information required in connection with any aspect of the products and/or Services offered by Supplier Swop, its affiliates, agents and partners. You shall notify Service Provider should you discover any loss or unauthorized disclosure of information.
    2. Except in terms of POPI, any information or material sent to Supplier Swop will be deemed not to be confidential, unless otherwise agreed in writing by You and Supplier Swop in writing.
  11. BREACH OR CANCELLATION BY SUPPIER SWOP
    1. Supplier Swop is entitled, upon 20 business days’ notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such User use of the Website and Services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Supplier Swop’s right to claim damages, should any user:
      1. breach any of these terms;
      2. in the sole discretion of Supplier Swop, use the Website in an unauthorized manner; or
      3. infringe any statute, regulation, ordinance or law.
    2. Breach of these Terms entitles Supplier Swop to take legal action without prior notice to the User and You hereby agree to reimburse the costs associated with such legal action to Supplier Swop on an attorney and own client scale.
  12. COMPLIANCE WITH SECTION 43 OF THE ECTA
    1. In compliance with section 43(1) of the ECTA, the following is noted:
      1. full name: Supplier Swop
      2. legal status: (Pty) Ltd
      3. registration number: 2016/098590/07
      4. physical address: Morningside South Africa
      5. fax number: N/A
      6. telephone number: 083 2999 839
      7. website address: www.supplierswop.co.za.
      8. email address: admin@supplierswop.co.za.
      9. names of office bearers: Taryn Winer
      10. registered address: Morningside, South Africa
      11. description of the services: The services we provide through the website is a voluntary platform within which Service Providers can display their services to Service Selectors, who may select amongst all the services and Service Providers on the Website to conduct services on his/her behalf.
      12. full price: see above at clause 5.
      13. manner of payment – see above at clause 5.
    2. In compliance with section 43(2) of the ECTA, You have the right to -
      1. review this entire agreement and its concomitant electronic transaction;
      2. correct any mistakes; and
      3. withdraw from the transaction, before finally subscribing to Our Services.
  13. COMPLIANCE WITH LAWS
    You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to this website.
  14. NOTICES
    1. Except as explicitly stated otherwise, any notices shall be given by e-mail: in the case of Supplier Swop: admin@supplierswop.co.za and to the email address You have provided to Supplier Swop in the registration process, or such other address that You have specified to Supplier Swop in writing. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Supplier Swop may give you notice by registered mail, prepaid postage and return receipt requested, to the address which you have provided to Supplier Swop. In such case, notice shall be deemed given seven (7) days after the date of mailing. You acknowledge that all agreements, notices or other communications required to be given by virtue of these Terms and the CPA and POPI may be given via electronic means and that such communications shall be deemed “in writing”. Additionally, if the use of email is made and the party appends his name at the bottom of such email, that shall constitute a “signature”. Notwithstanding anything to the contrary, a written notice of communication actually received by a party shall be an adequate written notice of communication to it, notwithstanding that it was not sent to the recipient at its chosen address for that purpose.
    2. If you have any concerns or questions about any of the provisions of the Terms or how we operate our Services on the Website, please send an email to the above email address.
  15. GENERAL
    1. These Terms shall be governed in all respects by the laws of the Republic of South Africa; as such laws apply to agreements entered into and to be performed within South Africa. By registering and agreeing to these Terms, You agree to the jurisdiction of the magistrate’s court.
    2. This Website is controlled, operated and administered by Supplier Swop from its offices within the Republic of South Africa. Supplier Swop makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the website is illegal is thereby prohibited. Users may not use this Website in violation of South African laws and export rules and regulations. If You access this Website from locations outside of South Africa, You are responsible for compliance with South African law and the laws, regulations and rules of the territory in which You are using the Website.
    3. Supplier Swop does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
    4. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be in force to the full extent of the law.
    5. Supplier Swop’s failure to act with respect to a breach by any user does not constitute a waiver of Our right to act with respect to subsequent or similar breaches.
    6. You shall not be entitled to cede or assign its rights or delegate any obligations contained in these Terms to any third party without the prior written consent of Supplier Swop.
    7. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
    8. The headnotes or headings to the clauses of these Terms are inserted for reference purposes only and shall not impact on the interpretation of any of the provisions to which they relate.
    9. words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine and vice versa and words importing persons shall include partnerships and corporate and unincorporated entities.
    10. These Terms set forth the entire understanding and agreement between Supplier Swop and You with respect to the subject matter hereof.
    11. words such as ‘including’, ‘includes’, ‘such as’ and similar terms shall be deemed not to limit what else may be included or follow such words.
    12. Registration on the Website and use of our services do not create a relationship of legal partnership, employee, or agency.
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