Freeenterprise.co.za (the ‘Website’) is owned and operated by Free Enterprise (hereinafter referred to as ‘Free Enterprise’).
Visitors to the website (hereinafter known as “users”) including those who register online for a user account are bound by this user agreement. If you disagree with this user agreement, you are should not register for an online user account and should discontinue using the website. By continuing to use Free Enterprise your actions constitute acceptance of the unmodified user agreement. By accepting this user agreement, it is understood that you have read and agreed with the content therein.
Visitors who are under the age of 18 years may not register for a user account. By registering for a user account, you are confirming that you are over the age of 18 years.
The website is provided as-is, and the use of the website is at your own discretion. Neither Free Enterprise, its Owners, Directors, Employees, Agents, Service Providers or Suppliers are to be held responsible for the damages or losses relating to or resulting from the use of the website or the products and services sold through using it.
Limited Liability and Indemnity
Neither Free Enterprise nor those who helped us to create, produce, deliver, and/or maintain the website are responsible for any damages that may result from your use of the website. This includes direct, incidental, consequential, indirect, or punitive damages and attorneys’ fees arising from your access to, or use of, the website. Therefore, you are entirely responsible for the consequences of your use of the website.
You agree to indemnify, defend and hold Free Enterprise, providers, licensors and licensees, and officers (together “Indemnified Parties”), harmless from and against any and all liabilities, claims and expenses, including any attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use, the foregoing representations, warranties and covenants.
Free Enterprise operates the website as an online directory through which users have the ability to search for and find an array of businesses offering products and services for sale. These products and services are listed by third parties.
In certain instances and situations, the website will provide links to the website of the businesses, and may include advertising that is related to the business or other third parties and their products and services.
It is important to note that businesses, their products, and services are not representative of the entirety of the suppliers available in the market and Free Enterprise cannot guarantee that the prices, rates, registered businesses, ratings, or reviews of the listed business on the website are accurate and error-free.
The businesses that are registered on Free Enterprise are held responsible for the relevancy and accuracy of the information that is found on their profile page.
The ratings and reviews of businesses on the website that are submitted by users do not reflect the views of Free Enterprise.
Free Enterprise does not guarantee the accuracy of the content or external websites which are linked to from the website.
Free Enterprise is not responsible for the businesses listed on the site.
Businesses are able to create, list, and manage their own “microsite” or business profile for the purpose of highlighting their products and services. In some instances, users are able to follow direct links to the business’s website.
Free Enterprise declares that it is not an agent of any of the businesses listed on the site, does not speak or vouch for or offer any warranties in relation to any businesses, products, or services. Neither will Free Enterprise nor any of its representatives will be held liable for any damage or loss of whatever nature arising from any of the listed businesses.
The website will not be held liable for any purchases or services acquired from businesses listed on the platform. The businesses listed on the website are responsible for payments, refunds, returns and quality of service. The business is also responsible for maintaining the legitimacy of their establishment, as well as the products and website.
Users of Free Enterprise acknowledge that they take full responsibility for evaluating the price, product, or service quality and its credibility. The website does not guarantee that any business transactions that arise from listings on the site will act in good faith.
Free Enterprise works diligently to ensure that the information shown on the website relating to businesses and their products or services are up-to-date, accurate, and within the law. If you feel that a business might be selling goods that are considered illegal, conducting fraudulent activity, or using misleading marketing and information, please notify Free Enterprise immediately so that we may take the correct and appropriate measures.
Disclaimers
Free Enterprise does not make any warranties of any nature whatsoever in relation to the website and/or services provided including any warranty that the website or website server is virus-free and does not contain harmful components. It also does not maintain that the functions, content, and technology available from the website are uninterrupted and/or are free from errors. Free Enterprise can suspend access to the website without notice at any time and accepts no liability for any consequences thereof.
The information, ideas, or opinions expressed on the Free Enterprise website are not to be regarded as professional, legal, or medical advice or the opinion of the company’s representatives. We encourage users to professional advice before taking any action related to the information, ideas, or opinions on the website.
All risk and/or liability incurred from the use of the website rests with the user and not with Free Enterprise, its representatives nor any of its agents. We cannot be held responsible for any damages or losses that arise from making use of this website, the services, or the content provided within, including damage to computers. All malfunctions can be reported to us directly.
If Free Enterprise is found, despite the above-mentioned disclaimers, to be liable for any reason to you or any third party, the liability is limited to 500 ZAR (five hundred South African Rands). Under no circumstances is Free Enterprise held accountable for any indirect damages, special damages, consequential damages, or loss of profits and/or data.
Intellectual Property Rights
All of the content, trademarks, and data on this website, including but not limited to software, databases, plain text, graphics and icons, hyperlinks, private information, designs and agreements are the property of and are licensed to Free Enterprise and are thus protected from copyright infringement by both local and international legislation.
Free Enterprise, the website, might hold images, names, or other content that can be seen as trademarks, logos, or copyrighted material of third parties. These may not be copied or used without their strict permission. To obtain permission, please feel free to contact Free Enterprise or the third party directly.
Content & Minors
Free Enterprise is not able to screen or edit the content that is available on the website and does not accept liability for incorrect, illegal, defamatory, or obscene and/or offensive content and/or images. You are, however, encouraged to inform us of this content so that we can remedy the situation.
Hyperlinks that lead form this website or external website are provided as-is, and Free Enterprise does not necessarily agree with or sponsor the content on these webpages.
This is not an adult website and, as such, there is no explicit age limit that has been placed on our users. However, certain businesses listed on Free Enterprise might choose to advertise content of an adult nature. Products and services may only be purchased by persons who are over the age of 18 and thus Free Enterprise will not be held responsible in any way with regard to minors who might be viewing content that could be adult in nature or purchasing related products or services.
Users that are under the age of 18 may not register to list a business profile or make use of the additional services nor can they register an account.
Security
Any person, company, or organisation that attempts to deliver or insert any damaging code to this website or attempts to gain unauthorised access to any page on this website will be prosecuted and civil damages shall be claimed should Free Enterprise suffer any losses or damages.
Registered users agree and warrant that your login name and password will be used for personal use only and will not be disclosed to any third party. You will also allow Free Enterprise to take all reasonable and legal steps to ensure the security and integrity of the website and its back-office application, as well as its staff and agents.
Prohibited conduct
Regarding hyperlinks, framing, spiders and crawlers: no business, person, or website may link to any page on this website or use any tools or technology to search for or gain information from this website without consenting to the terms and conditions, and without written permission from Free Enterprise itself. This prohibits robots, crawlers, spiders, and any other site search or retrieval tools from scraping and indexing the website and any of its content, as well as reformatting, framing (iframe) any of the pages of the website in any way.
General usage
Users agree to make use of the website in accordance with the user agreement and all applicable laws and regulations. Users also agree that they will not engage in any of the following prohibited conduct when using the website:
- Submitting and listing false, inaccurate, or misleading information on the website or conducting business in a false, inaccurate, and misleading fashion
- Conducting illegal or fraudulent activities or offering illegal or fraudulent services
- Attempting to deliver or delivering any damaging code to this website
- Attempting to gain unauthorized access to any page on this website, or user profile
- Tampering with, attempting to hack, modify or otherwise corrupt the functionality, security, and integrity of Free Enterprise
- Posting content that is considered to be “spam”, including chain letters, junk mail, pyramid schemes, surveys, and other mass messaging whether commercial in nature or not
- Posting images that have been stolen from other sources without being credited. If Free Enterprise is alerted to the fact that a user or business has posted a stolen image, the user or business will be responsible for the costs incurred for legal action.
- Using keyword stuffing in content or otherwise attempting to manipulate search results
- Promoting any form of discrimination
- Threatening, stalking, defrauding, inciting, harassing, or advocating for these activities in relation to any other person, user, or business and otherwise interfering with another person’s use of Free Enterprise
- Writing or encouraging defamatory content, creating content that is trade libellous, and unlawfully threatening and harassing users and other businesses
- Posting content that contains profanity, adult, or illegal content
- Attempting to acquire personal information from minors or threatening to cause harm to minors
- Attempting to or successfully violating any third-party-right including a breach of confidence, copyright, trademark, patent, trade secrets, moral or privacy right as well as any other intellectual property or proprietary right
- Changing, modifying, appropriating, reproducing, distributing, translating, and creating derivative works or adaptations of other business’s content including publicly displaying, selling, trading or in any way exploiting the website or its content unless authorised by Free Enterprise
- Attempting to reverse engineer any portion of the website
- Attempting to or successfully removing any copyright, trademark or other proprietary rights notices on the website or on any materials printed or copied off of the website
- Mining, recording, or processing information about other users or businesses listed on the website
- Attempting to access, retrieve, or index the website in order to construct or populate a searchable directory or database of listings, reviews or content.
- Attempting to take any action which may impose an unreasonable or disproportionately large load on the technological infrastructure of Free Enterprise
- Gaining or attempting to gain unauthorised access to the Free Enterprise website, its network connections, or computer systems using hacking, password mining or any other illegal methods
- Using the website or its content to transmit computer viruses, defects, worms, trojan horses, or any other malicious computer code that could affect routine programming or be destructive in nature including interfering with and intercepting personal information, interrupting site usages, systems, and processes
- Affecting the proper working of the website by using devices, software, codes, or any type of exploitation
- Making excessive demands for traffic
- Attempting to or successfully removing, circumventing, disabling, or otherwise interfering with any security-related features of the website including those that prevent or restrict the copying of website content or features that enforce limitations on the use of the website
- Taking any actions that might render Free Enterprise liable to anyone or cause Free Enterprise to lose in whole or in part the services or any ISP, supplier or third party.
Using the website is an acknowledgement that any misuse or damage of Free Enterprise website violates the aforementioned provisions. Free Enterprise may incur liability and/or suffer from damages and, as such, your access to the website will be subject to limitation, suspension or immediate cancellation.
You will also be subject to damages and other similar penalties, including criminal prosecution where applicable, and you will be held liable for any and all damages that Free Enterprise should suffer. This will include attorney’s fees on an attorney and own client scale and without limiting the generality of the foregoing, you will be required to reimburse Free Enterprise any and all costs, expenses and fines levied as a result of your activities.
Terms and termination
This user agreement will commence from the date on which it is published on Free Enterprise and will continue indefinitely, being amended by Free Enterprise as and when it is necessary for the entire duration of the operational use of the website. Free Enterprise has the right to terminate this user agreement and the website at any time.
Changes to the user agreement
Free Enterprise may in its sole discretion, change the user agreement or any part therein contained with or without notice to users. It is the responsibility of the users to ascertain whether or not the agreement has been amended in order to ensure that they are satisfied with the changes made. If you are not satisfied with the user agreement, you may refrain from using the website whether as a business lister or browser.
Governing law and jurisdiction
The website of Free Enterprise, including its terms and conditions, as well as any disputes arising from the terms and conditions, will be governed in accordance with the constitution of South Africa. Your continued use of the website constitutes your consent and submission to the jurisdiction of the South African courts, regarding all proceedings, transactions, applications, or the link instituted by either party or third parties arising from any of these terms and conditions.
Disputes
Free Enterprise will not be involved in any disputes which arise between users and any of the listed businesses. We are not an agent of any users or businesses and will not act in any such capacity in connection with resolving any disputes between parties.
Electronic communication
When visiting or interacting with the website or sending emails to Free Enterprise, you consent to receiving communications from Free Enterprise electronically. You thus agree to all agreements, notices, disclosures, and other communications sent by Free Enterprise, including but not limited to, the requirement that such communications should be in writing.
