Terms of Services
Welcome to Searchpage.
The Searchpage website is provided to you by Searchpage, located at 718 James Crescent, Halfway House, Midrand, South Africa. By accessing Searchpage, you agree to the provisions outlined in this legally binding Terms of Use (“TOU”) agreement. This policy is effective as of April 01, 2014.
Using Searchpage
1. SCOPE OF AGREEMENT
The usage of Searchpage is bound by the terms and conditions set by Searchpage. Failure to comply with any of the specified terms in this agreement may result in the suspension or termination of your account, and in some instances legal actions if required.
2. OBJECT OF AGREEMENT, RIGHTS OF THIRD PARTIES
Searchpage is an internet platform where users can publish and respond to classified ads. Users are solely held responsible for the content they submit on Searchpage, as well as any consequences that arise from doing so.
2.2 Searchpage is not involved in any transaction, contract and/or arrangement that might occur between and among users and third parties. The conclusion of such transactions, contracts and/or arrangements remain the business of the users and the third party.
3. USER INFORMATION AND REGISTRATION, PURPOSE OF ADVERTISEMENT(S)
3.1 The usage of Searchpage’s services is essentially available for everyone. A user registers on Searchpage by filling out the provided online registration form, and by doing so swears that the information provided is accurate and true. The registration progress is complete when the account is verified and becomes active. The user is obligated to promptly inform Searchpage of any changes to their account information.
3.2 The user may resign from this agreement at any time. Sending an email to the Customer Support Team through the contact form should suffice. Searchpage reserves the right to a grace period of 14 days before terminating the agreement. Blocking an account remains the right of Searchpage, as stated in clause 4.3.
3.3 An entry on Searchpage, referring to a classified ad, can only materialize/be published online via the following methods:
• Searchpage confirms the entry through an email, or
• Searchpage implements the entry and publishes it online.
3.4 Searchpage reserves the right to refuse a user’s classified ad entry under certain circumstances. This applies when the content of a classified ad goes against this agreement, violates laws and local authority regulations, contravenes good intentions, morals and customs or when Searchpage is used for unsuitable purposes.
3.5 Searchpage reserves the right to delete the accounts of non-registered users as well as registered users whose account(s) has/have been inactive for the past 12 months.
4. ACCOUNTABILITY FOR ADVERTISING CONTENT AND TRUTHFULLY-SWORN STATEMENTS
4.1 The user is legally and solely responsible for the content of the advertisement(s) placed on the Searchpage website. The user is obliged to provide complete, true and certified correct information about their person, contact details, business details (if applicable) and must provide sufficient descriptions in regard to the advertisement being placed. The user agrees to place their advertisement under the correct category within the website. Searchpage reserves the right to move advertisements to a more appropriate category for example if you the user post a car under office furniture. The user is obliged to comply with the Searchpage terms and conditions and is expected to oblige to these terms when interacting with other Searchpage users. The placement of duplicate/similar ads on the website is prohibited. Business owners offering items and services are obliged to inform consumers about consumer rights and the rights of withdrawal/cancellation, should this apply.
4.2 The user is not allowed to post content on the Searchpage website that breaches this agreement, applicable rights and/or third party rights.
Prohibitions for the Searchpage user include:
• Spamming and posting chain letters.
• Using viruses or spam extension links and other technical items that may cause damage to Searchpage or the interest of the users of Searchpage.
• Violating the law or going against the Prohibited Policy.
• Conducting business in a dishonest and/or deceptive manner.
• Violating the rights of the third party.
• Causing excessive burden on the Searchpage infrastructure and the smooth running operations of the Searchpage.
• Copying, duplicating, modifying or distributing the content of other advertisements.
• Collecting information from other users such as email addresses from the site itself, or from other users without the approval of the user.
• Bypassing measures that serve to limit and/or prevent access to Searchpage.
• Sexual exploitation or abuse of persons.
• Content that is abusive, libellous, and defamatory, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity or sexual orientation or is otherwise objectionable in Searchpage’s reasonable discretion.
4.3 Searchpage believes that two consenting adults are free to act as they wish, so long as they abide by the law. Searchpage does not abide sexual abuse or exploitation in any form or sense whatsoever. Please be aware that Searchpage answers requests from third parties, including law enforcement, where required and Searchpage will share information with relevant third parties if, in our view, there is evidence that may be relevant to an investigation.
4.4 Searchpage has the right to block, delete or freeze advertisements, accounts or memberships that are deemed to contain prohibited content (refer to 4.2). Searchpage also has the right to warn the user and freeze their account for a certain period of time or permanently and to resign from the agreement/contract. In this process Searchpage gives due respect to the legitimate interest of the user. Users’ claims, e.g for reimbursement for already paid items/services will not be honoured when the Prohibited Content Policy is breached.
5. LIABILITY
The user agrees not to hold Searchpage responsible for things other users post or do. As most of the content on Searchpage comes from other users, Searchpage does not guarantee the accuracy of postings, user communications or the quality, safety, or legality of what’s offered. Continuous or secure access to Searchpage’s services cannot be guaranteed. To the extent legally permitted Searchpage expressly disclaims 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. Searchpage is not liable for any loss, whether of money (including profit), reputation, or any special, indirect, or consequential damages arising from the usage of the Searchpage website, even if Searchpage has been advised or could have reasonably foreseen 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 the user.
6. Data Protection and Privacy
By using Searchpage, you agree to the collection, transfer, storage and use of your personal information by Searchpage on servers located in the South Africa as further described in our privacy and policy.
You and Searchpage shall process personal data received under and/or in connection with these Terms of Use each as a separate and independent controller. In no event will Searchpage and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.
You shall process personal data received from Searchpage exclusively for the purpose(s) you received the personal data under and/or in connection with these Terms of Use. You shall erase the personal data received under these Terms of Use immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).
Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.
As part of the services, Searchpage has access to various information about users, including personal data. This includes information that users submit to Searchpage as part of the services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the services (such as ratings, sales analysis or communication).
Via Searchpage.co.za and its related websites, services, applications or tools, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your ads, which are partly related to the data of other users of the services.
Searchpage only shares information about users with third parties if this is necessary for the provision of the services or if Searchpage is legally or contractually entitled to do so.
Upon expiry of these Terms of Use, we will delete the information you provided, or which was generated through your use of the services from your Searchpage account. Regardless, we maintain this information after the expiry of these Terms of Use if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the services (e.g. statistics about ads in a category) upon expiry of these Terms of Use.
For information regarding the processing of personal data by Searchpage, including sharing such data with third parties and your rights as a data subject, please see our Privacy and policy.
7. RESOLUTION OF DISPUTES
If a dispute arises between you and Searchpage, we strongly encourage you to first contact us directly to seek a resolution by going to the Searchpage Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
8. ADVERTISEMENTS WITH PREMIUM FEATURES
Searchpage users may purchase premium features for their advertisements. Should the user choose to delete the advertisement before the purchased time frame has lapsed, this revokes the right of the user to retain or reuse the rest of the “unused” purchased time. Searchpage does not reimburse the user for any portion of a discounted premium feature/service.
9. PREMIUM ACCOUNTS / VIP MEMBERSHIPS
In addition to the free Searchpage account, users have the option to upgrade to a Premium Account, and some are invited to purchase a VIP Membership. The user can then select from multiple plan durations. Upon the deletion of an account or membership before its selected duration has passed, the remainder of the duration is forfeited. The amount already charged will not be reimbursed.
10. MISCELLANEOUS
• The transfer of rights and obligations of Searchpage users to third parties requires the approval of Searchpage.
• The disclosure of login details and passwords to third parties, including Searchpage users, is prohibited.
• Searchpage may update the Terms from time to time so please review the relevant pages regularly. Should you object to any term or condition, guideline, or subsequent changes made to www.searchpage.co.za, then we recommend the immediate disuse of Searchpage.
