Terms and conditions

TERMS AND CONDITIONS 

  • These Terms of Use, the Privacy Notice, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”).
  • All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services. By accessing the Services you are agreeing to the following terms, which are designed to make sure that the Services work for everyone. Should you not agree to these terms, or any update or change thereto as dealt with below, you should not access or use MyBizSwap. You affirm that you are either 18 years of age or older, or possess the necessary consents to agree to these terms.
  • MyBizSwap is provided to you by Dionysus Cellular CC (registration number 2009/114163/23). This policy is effective 1 January 2016.

 DATA PROTECTION AND PRIVACY

  • We may process your personal information and the details of theproposed transaction on our systems in order to provide you with the Service and to prevent fraud. We may also obtain your information from reputable reference sources, as part of verification processes and other servicing of your relationship with us (including market research, special promotions, and sending the Sender and Receiver information about our services) as permitted by applicable law.
  • We will not, however, share this information with anyone else except as permitted or required by law or regulation.
  • You may request access to their personal information, request for the information to be corrected, updated or deleted, or opt-out of marketing use at any time by e-mailing us at hello@mybizswap.co.za.Please allow at least 4 weeks for processing of this request. However, we are required by law, to keep certain information for a period of 5 (five) years after each transaction.
  • By opening a MyBizSwap Account, you irrevocably agree to MyBizSwap collection, use and transfer of your personal information for the above purposes.

USING MYBIZSWAP

As a condition of your use of MyBizSwap you, agree that you will not:

 

  • violate any applicable laws;
  • violate any applicable posting rules ;
  • post any threatening, abusive, defamatory, pornographic, obscene, unconstitutional or indecent material;
  • post any material that is harmful to, harms or could harm minors in any way;
  • be false or misleading;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm MyBizSwap or the interests or property of MyBizSwap users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of MyBizSwap;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access MyBizSwap and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;
  • bypass measures used to prevent or restrict access to MyBizSwap.

ABUSING MYBIZSWAP

  • MyBizSwap and the MyBizSwap community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
  • Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off MyBizSwap if we, in our sole and independent discretion, are of the opinion that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off MyBizSwap or not, we do not accept any liability for monitoring MyBizSwap or for unauthorized or unlawful content on MyBizSwap or use of MyBizSwap by users. You also recognise and accept that MyBizSwap is not under any obligation to monitor any data or content which is submitted to or available on the site.

GENERAL REASONS FOR AD REMOVAL OR ADS BEING PLACED ON HOLD

  • Against policy;
  • Duplicate of another advertisement posted by you;
  • Posted under wrong category (You must choose the most relevant categories for your advertisement);
  • In a language other than English;
  • We only accept advertisements in English (Foreign translation may be included below if appropriate);
  • Where companies or individuals not based in South Africa sign up to MyBizSwap, they agree to abide by any relevant legislation in their country;
  • Contains links to another site;
  • We do not permit website links to other property / job / classified or auction sites;
  • Not descriptive enough
  • (Advertisements that do not provide enough detail will be removed as this makes for a bad browsing experience);
  • a copy of another advertisement posted on MyBizSwap
  • You may not copy other user advertisements, your advertisement must be original;
  • Contain inappropriate language;
  • Contain an inappropriate photo / image;
  • Discriminatory on race / religion / nationality;
  • Selling or offering services for supplements/medicine general or pharmaceutical; and
  • Selling body parts / bodily fluids, adoption or surrogacy anywhere on the site.

ADVERTISEMENTS THAT REPORT OTHER FRAUDULENT ADVERTISEMENTS

  • Please report potentially fraudulent advertisements by emailing us on hello@mybizswap.co.za with advertisement details (ad id, email address)
  • MyBizSwap reserves the right to remove any postings that we feel are not relevant, or of value to the MyBizSwap community, with or without notice.

SECURITY

  • In order to ensure the security and reliable operation of the site for all users, MyBizSwap reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by MyBizSwap and its affiliates, agents and/or partners.

CONTENT

  • MyBizSwap contains content from us, you, and other users. MyBizSwap is protected by intellectual property laws and international treaties. Content displayed on or via MyBizSwap is protected as a collective work and/or compilation, pursuant to intellectual property laws and international conventions. You agree not to copy, distribute or modify content from MyBizSwap without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in MyBizSwap. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of MyBizSwap (other than your own content).
  • When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. This means that we are entitled to  host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit,  excerpt, analyse, and create algorithms and derivative works from you content, or otherwise use such content. Further, to the fullest extent permitted under applicable law, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees.
  • You represent and warrant that none of the following infringe the licence (or any part thereof) granted to us in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with these Terms and Conditions.

INFRINGEMENT

  • By opening a MyBizSwap Account, you hereby irrevocably and unconditionally agree to not post content that infringes the rights of third parties. This includes, without limitation, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of varied goods and services that are offered on MyBizSwap are offered by private individuals in South Africa. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights may be removed by MyBizSwap.

REPORTING AN INFRINGEMENT:

In order to participate in the Notice of Infringement Programme, you shall furnish us with the following information:

  • Name of complainant;
    Name of infringer;
    Nature of complaint;
    Intellectual property registration number, if applicable;
    MyBizSwap advertisement number; and
    A screenshot of the infringing advertisement.

All alleged infringement forms must be submitted to hello@mybizswap.co.za

  • This information is required to enable MyBizSwap to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to MyBizSwap via the e-mail address provided.
  • Note: This form can only be used by the lawful owners of the intellectual property rights. “Notice of Infringement” is intended to ensure that goods and services offered on the Site do not infringe the copyright, trademark right or other intellectual property rights of third parties.

LIABILITY

  • You agree not to hold us responsible for things other users post or do.
  • We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on MyBizSwap comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.
  • In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
  • MyBizSwap may promote, endorse and/or contain links to third party sites and/or services and/or goods. These sites, services and and/or goods are beyond the control of MyBizSwap.
  • MyBizSwap is not involved in transactions between users and the operators of such third party sites. MyBizSwap does not accept responsibility for their content, services and/or products.
  • We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected.
  • While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
  • Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of MyBizSwap, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
  • Despite the aforementioned paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 South African Rand.
  • Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.

GENERAL

  • These terms and conditions as well as the other policies posted on MyBizSwap constitute the entire agreement between MyBizSwap and you, superseding any prior agreements.
  • We may update this agreement at any time, with changes taking effect when you next post or 30 calendar days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

MOBILE DEVICES TERMS

  • If you’re accessing MyBizSwap Services from a mobile device using a MyBizSwap Mobile Application (the “Application”), the following terms and conditions (“Terms of Use”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

APPLICATION USE

MyBizSwap grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your data service agreement). The Application may not contain the same functionality available on the MyBizSwap website.  Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application.

INTELLECTUAL PROPERTY – APPLICATIONS

  • MyBizSwap owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter MyBizSwap’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any MyBizSwap Application.

PROHIBITED COUNTRIES POLICY AND FOREIGN TRADE REGULATION – APPLICATIONS

  • MyBizSwap Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the South African Treasury Department’s list of Specially Designated Nationals or on the South African Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by South African Export Laws. When using a MyBizSwap Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a South African Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any South African Government list of prohibited or restricted parties).

ADDITIONAL TERMS

Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple

  • These Terms of Use are an agreement between you and MyBizSwap, and not with Apple. Apple is not responsible for the Application and the content thereof.
  • MyBizSwap grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
    Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  • Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
  • Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  • In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
  • Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.
  • Windows – Microsoft
  • These Terms of Use are an agreement between you and MyBizSwap, not Microsoft.
  • The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing Services for the Windows Phone Marketplace, do not apply to your use of the Application.
  • You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
  • Microsoft, your device manufacturer, and (if applicable) your carrier are not responsible for providing support Services for the Application.
  • Microsoft, the carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
  • You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
  • To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.

SERVICES

The “Services” sections are for businesses and commercial entities to submit postings advertising their services and not their individual goods.

Should it appear that you are to be trading in what MyBizSwap classifies as a commercial or business like capacity then you must make use of the Services category and not the “Sale” category. Further, avoid putting your phone number or URL in the title of your ad as it makes the ads very difficult for users to read

Pest Control

  • All pest control operators must be licensed and registered and this must be mentioned in your advertisement.
  • Massage advertisements must
  • have no photos (business logos are fine)
  • state: “not a sexual service”
  • state professional qualifications (accreditation, certificates, diplomas, work history etc). You must include the level of the qualification, the awarding body/where it was achieved
  • must not specify unnecessary details (such as body type, race, age, sexual orientation/preference etc) Please note advertisements that are for “Tantra/Tantric massage” are not permitted on MyBizSwap.

Duplicate Advertisements

  • MyBizSwap does not permit duplicate advertisements (multiple advertisements advertising the same company’s services). Duplicate advertisements are extremely frustrating to our users, as they bring no value to the categories in
  • which they appear. Please post no more than one advertisement advertising your services. The repeated posting of multiple, duplicate advertisements may lead to a complete deletion of ALL of your advertisements and restrictions of your use of MyBizSwap.

Financial Services

  • Advertisements offering financial services must use a valid business email address and contain a valid business landline number.
  • As per the National Credit Act 34 of 2005, as amended (the “NCA”), users are not allowed to create adverts that contain prohibited statements including statements such as “blacklisted clients welcome”, “blacklisted and listed we can help”, “blacklisted approved, no credit checks required, free credit” or any wording that has substantially the same meaning. All advertisements for credit from publishers, advertisers, service and credit providers must comply with the NCA. Advertisements in contravention of these terms will not be accepted. ITC clearance services are also prohibited on MyBizSwap.

Mileage/Odometer correction services are prohibited on MyBizSwap

  • It is your responsibility to ensure that before posting an advertisement on MyBizSwap that the content of such advertisementadheres to these standard terms and conditions as well as applicable laws. As a condition of your use of MyBizSwap specified under these Terms and Conditions you hereby irrevocably agree and acknowledge that you will not violate any laws and these terms and conditions.