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Terms & Conditions for the Online Business Directory
(O.B.D.)
The
following are the terms and conditions for use of TopbossOnline.com service
including without limitation general content, chat rooms, classifieds,
quick polls, directories and search (each feature individually and collectively
referred to as the "service"). Please read them carefully. The
Service is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein.
USER
PRIVACY
It is TopbossOnline.com's policy to respect
the privacy of its users. TopbossOnline.com will not monitor, edit,
or disclose any personal information about you or your use of the
Service, including its contents, without your prior permission unless
TopbossOnline.com has a good faith belief that such action is necessary
to: (1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of TopbossOnline.com;
or (3) act to protect the interests of its members or others.TopbossOnline.com
does provide certain user information in aggregate form to third
parties, including its advertisers, for demographics. For more information,
see the Privacy Statement.
USER
CONDUCT
As a condition of your use of the Service,
you warrant to TopbossOnline.com that you will not use the Service
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. Any unauthorized commercial use of the Service, or
the resale of its services, is expressly prohibited.
You agree to abide by all applicable local,
provincial, national and international laws and regulations and
are solely responsible for all acts or omissions that occur under
your use of the Service. By way of example, and not as a limitation,
you agree not to:
Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity)
of others.
Publish, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
material or information.
Advertise or offer to sell or buy any goods
or services for any non-personal purpose.
Harvest or otherwise collect information about
others, including email addresses, without their consent.
Create a false identity for the purpose of misleading
others as to the identity of the sender or the origin of a message.
Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity that is not
a Service member any directory of the Service members or other
user or usage information or any portion thereof other than
in the context of your use of the Service as permitted under
the Terms and Conditions.
Transmit or upload any material that contains
viruses, trojan horses, worms, time bombs, cancel bots, or any
other harmful or deleterious programs.
Transmit or upload any material that contains
software or other material protected by intellectual property
laws, rights of privacy or publicity or any other applicable
law unless you own or control the rights thereto and/or have
received all necessary consents.
Interfere with or disrupt networks connected
to the Service or violate the regulations, policies or procedures
of such networks.
Attempt to gain unauthorized access to the Service,
other accounts, computer systems or networks connected to the
Service, through password mining or any other means.
Interfere with another member's use and enjoyment
of the Service or another individual's or entity's use and enjoyment
of similar services.
TopbossOnline.com has no obligation to monitor
the Service or any user's use thereof or retain the content
of any user session. However, TopbossOnline.com reserves the
right at all times to monitor, review, retain and/or disclose
any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request.
DISCLAIMERS/LIMITATION
OF LIABILITY
The information and services included
in or available through the Service may include inaccuracies or
typographical errors. Changes are periodically added to the information
herein. TopbossOnline.com and/or its respective suppliers may make
improvements and/or changes in the Service at any time.
TopbossOnline.com does not warrant that the
Service will be uninterrupted or error-free, that defects will be
corrected, or that the Service or the server that makes it available,
are free of viruses or other harmful components. TopbossOnline.com
does not warrant that the use or the results of the use of the Service
or the materials made available as part of the Service will be correct,
accurate, timely, or otherwise reliable.
You specifically agree that TopbossOnline.com
shall not be responsible for unauthorized access to or alteration
of your transmissions or data, any material or data sent or received
or not sent or received, or any transactions entered into through
the Service. You specifically agree that TopbossOnline.com is not
responsible or liable for any threatening, defamatory, obscene,
offensive or illegal content or conduct of any other party or any
infringement of another's rights, including intellectual property
rights. You specifically agree that TopbossOnline.com is not responsible
for any content sent using and/or included in the Service by any
third party.
TopbossOnline.com and/or its respective suppliers
make no representations about the suitability, reliability, availability,
timeliness, and accuracy of the service for any purpose. The Service
is provided "as is" without warranty of any kind. TopbossOnline.com
and/or its respective suppliers hereby disclaim all warranties and
conditions with regard to the service, including all implied warranties
and conditions of merchantability, fitness for a particular purpose,
title and non-infringement.
In no event shall TopbossOnline.com and/or
its suppliers be liable for any direct, indirect, punitive, incidental,
special, consequential damages or any damages whatsoever including,
without limitation, damages for loss of use, data or profits, arising
out of or in any way connected with the use or performance of the
Service or related web sites, with the delay or inability to use
the Service or related web sites, the provision of or failure to
provide services, or for any information, software, products, services
and related graphics obtained through the service, or otherwise
arising out of the use of the service, whether based on contract,
tort, negligence, strict liability or otherwise, even if TopbossOnline.com
or any of its suppliers has been advised of the possibility of damages.
Because some jurisdictions do not allow the exclusion or limitation
of liability for consequential or incidental damages, the above
limitation may not apply to you. If you are dissatisfied with any
portion of the service, or with any of these terms of use, your
sole and exclusive remedy is to discontinue using the service and
its related web sites.
INDEMNIFICATION
You agree to indemnify and hold TopbossOnline.com,
its parent companies, subsidiaries, affiliates, officers and employees,
harmless from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or arising out
of your use of or conduct on the Service.
TERMINATION
TopbossOnline.com may terminate access to any
part or all of the Service and any related service(s) at any time,
with or without cause, with or without notice, effective immediately,
for any reason whatsoever.
PARTICIPATION
IN PROMOTIONS OF ADVERTISERS
Any dealings with Advertisers on the Service
or participation in promotions, including the delivery of and the
payment for goods and services, and any other terms, conditions,
warranties or representations associated with such dealings or promotions,
are solely between you and the Advertiser or other third party.
TopbossOnline.com shall not be responsible or liable for any part
of any such dealings or promotions.
PROPRIETARY
RIGHTS TO CONTENT
You acknowledge that content, including but
not limited to text, software, music, sound, photographs, video,
graphics or other material contained in either sponsor advertisements
or electronically distributed, commercially produced information
presented to you by the Service, by TopbossOnline.com, or TopbossOnline.com's
Advertisers or other content providers, is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. You may make a copy of this content for your personal, non-commercial
use only, provided that you keep all copyright and other proprietary
notices intact. You may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute in any way content available
through the Service and its associated Web sites, including code
and software.
MODIFICATIONS
TO TERMS OF SERVICE
TopbossOnline.com reserves the right to change
the TOS or policies regarding the use of the Service at any time
and to notify you by posting an updated version of the TOS on this
Web site. You are responsible for regularly reviewing the TOS. Continued
use of the Service after any such changes shall constitute your
consent to such changes.
GENERAL
This agreement is governed by the laws of the
Republic of South Africa. Use of the Service is unauthorized in
any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and TopbossOnline.com as a result
of this agreement or use of the Service. TopbossOnline.com's performance
of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of TopbossOnline.com's
right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Service or information
provided to or gathered by TopbossOnline.com with respect to such
use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user andTopbossOnline.com
with respect to the Service (excluding the use of any software which
may be subject to an end-user license agreement) and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and TopbossOnline.com
with respect to the Service. A printed version of this agreement
and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and
maintained in printed form. You and TopbossOnline.com agree that
any cause of action arising out of or related to this Service must
commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred. The section titles in
the TOS are solely used for the convenience of the parties and have
no legal or contractual significance.
COPYRIGHT
NOTICE
All contents of the Service are:
Copyright (C) 2007 TopbossOnline.com
Reg no: 2005/074700/23 Vat no: 4170221941
British Pound: £1 = R22.91
European Euro: €1 = R19.19
US Dollar: $1 = R17.63
Other Currencies:
1 Australian Dollar = 11.587 South African Rand
1 Bulgarian Lev, new = 9.810 South African Rand
1 Brazilian Real = 3.063 South African Rand
1 Canadian Dollar = 12.678 South African Rand
1 Swiss Franc = 20.386 South African Rand
1 Chinese Yuan Renminbi = 2.478 South African Rand
1 Czech Koruna = 0.758 South African Rand
1 Danish Krone = 2.572 South African Rand
1 Euro = 19.187 South African Rand
1 British Pound = 22.909 South African Rand
1 Hong Kong Dollar = 2.268 South African Rand
1 Hungarian Forint = 0.047 South African Rand
1 Indonesian Rupiah = 0.001 South African Rand
1 Israeli New Shekel = 4.744 South African Rand
1 Indian Rupee = 0.210 South African Rand
1 Iceland Krona = 0.129 South African Rand
1 Japanese Yen = 0.115 South African Rand
1 Korean Won = 0.013 South African Rand
1 Mexican Peso = 0.880 South African Rand
1 Malaysian Ringgit = 4.026 South African Rand
1 Norwegian Kroner = 1.607 South African Rand
1 New Zealand Dollar = 10.531 South African Rand
1 Philippine Peso = 0.303 South African Rand
1 Polish Zloty = 4.410 South African Rand
1 Romanian Leu, new = 3.857 South African Rand
1 Swedish Krona = 1.650 South African Rand
1 Singapore Dollar = 13.346 South African Rand
1 Thai Baht = 0.522 South African Rand
1 Turkish Lira, New = 0.515 South African Rand
1 US Dollar = 17.632 South African Rand
1 South African Rand = 1.000 South African Rand
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