Terms of Use |  Privacy Policy

TheBestIn Terms of Use. These terms are effective January 1st, 2009

Introduction
Welcome to www.thebestin.co.za ("TheBestIn"). By accessing TheBestIn you are agreeing to the following terms, which are designed to make sure that TheBestIn works for everyone.

Using TheBestIn
As a condition of your use of TheBestIn you agree that you will not:

You are solely responsible for all information that you submit to TheBestIn and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.

Abusing TheBestIn
TheBestIn and the TheBestIn community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us at info@thebestin.co.za
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 TheBestIn if we think 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 TheBestIn or not, we do not accept any liability for monitoring TheBestIn for unauthorized or unlawful content on TheBestIn or use of TheBestIn by users.

National Marketplace
Some of TheBestIn features may display your ad on other sites that are part of the national TheBestIn community. By using TheBestIn, you agree that your ads can be displayed on these other sites.

Content
TheBestIn contains content from us, you, and other users. TheBestIn is protected by copyright laws and international treaties. Content displayed on or via TheBestIn is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from TheBestIn without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in TheBestIn. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of TheBestIn (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

Infringement
Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on TheBestIn 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 will be removed by TheBestIn.

Liability
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. 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 TheBestIn 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 offence, give rise to civil liability or otherwise violate any applicable law.
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 TheBestIn, 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 previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, 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) 1000 South African Rand.

Personal Information
By using TheBestIn, you agree to the collection, transfer, storage and use of your personal information by TheBestIn on servers located in South Africa as further described in our Privacy Policy.

Resolution of disputes
If a dispute arises between you and TheBestIn, we strongly encourage you to first contact us directly to seek a resolution at info@thebestin.co.za. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General
These terms and the other policies posted on TheBestIn constitute the entire agreement between TheBestIn and you, superseding any prior agreements. To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of South Africa. You agree that any claim or dispute you may have against TheBestIn must be resolved by the courts of South Africa. You and TheBestIn both agree to submit to the exclusive jurisdiction of the South African Courts.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to P O Box 1347, Milnerton. 7435. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 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.