Terms & Conditions
1. APPLICATION AND BINDING EFFECT OF THESE TERMS
1.1. The Gopengit website (“Website”) is owned and managed by Nvie Designs CC (hereinafter referred to as “Gopengit”).
1.2. By accessing or using this Website, the user (“User”) agrees to be bound by the terms and conditions (“Terms”) set out herein and as contained in the remaining links on the website page. The User’s use hereof constitutes his/her formal acceptance of the Terms and the User agrees to have read and understood the Terms and, where such terms are not fully understood, have sought legal advice or guidance from Gopengit or the User’s own legal advisors.
1.3. These Terms are legally binding and enforceable against all persons that make use of the Website, as updated or amended from time to time. Upon amendment of the Terms, the User is automatically bound and the User must use every effort to establish the applicable terms each time the Website is used.
2.1. Gopengit offers a business directory listing service in terms whereof Businesses (“Businesses”) are able to register accounts with Gopengit and advertise their services on the Website.
2.2. The content of the Website and the details of the Businesses are uploaded by Gopengit based on the information that is provided to it by the Businesses.
2.3. These terms and conditions record the manner in which the services provided by Gopengit are rendered and the duties and responsibilities of all Users.
3. ROLE OF GOPENGIT AND FEES
3.1. Gopengit provides the service of a listing platform only and shall in no way be deemed to be a service provider in respect of any of the services offered by the respective Businesses who advertise on the Website.
3.2. Prior to Gopengit permitting a Business to advertise on the Website, a fee may be payable to Gopengit (depending on which package the Business wishes to subscribe for). The rates applicable to the advertisements are accessible on the Website. Gopengit will invoice the fee to the Business and the Business shall make payment of the fee though use of the payment facilitator PayFast, which facilitation shall be prompted by the Website. Once Gopengit has received the payment, and subject to these Terms, Gopengit will enable the Business advertisement to reflect on the Website.
4. RELATIONSHIP BETWEEN THE USERS AND GOPENGIT
4.1.1. It is expressly recorded that no relationship of partnership, joint venture or employment is concluded between Gopengit and the Businesses which use the Website as a platform to market their goods and services. The relationship is one of independent contactors and will not give rise to any obligations regarding employment or result in any obligation of Gopengit to withhold any money for payment to SARS or such other regulatory authority as may be applicable. The Business shall be required to account for all income generated from the leads that it establishes through use of the Website.
4.1.2. Gopengit has no obligation to the Business to ensure that the customer makes payment to the Business / performs its obligations in terms of any agreement entered into with the Business or any other obligation of whatsoever nature in respect of the customer’s conduct. It is strictly recorded that the Business uses the Website as a platform for advertising its offerings and requires no other services from Gopengit.
4.2.1. It is expressly recorded that the relationship between Gopengit and all Users of the Website (who are making use of the Website to obtain the details of the Businesses who advertise on the Website) shall be independent of that relationship which is established between the user and the relevant Business.
4.2.2. The Website is only a platform for the Businesses to market services and goods and Gopengit makes no representations and warranties regarding the offerings of the Businesses and the Customers shall have no right of recourse against Gopengit as a result of any matter arising from their dealings with the relevant Businesses.
5. REGISTRATION AND LOGIN DETAILS
5.1. The Businesses which wish to make use of the Website and the customers who wish to be able to rate the Businesses and/ or provide any comments on the Website and /or the customers which wish to correspond with the Business on the Website shall be required to register with Gopengit in order to enable the User to make use of the Gopengit website and participate in the offerings of Gopengit.
5.2. The User agrees that the profile it creates shall be used only by the User and Gopengit shall be entitled to assume at all times that the User is accessing the Gopengit website through the User’s log-in details and that such details have not been transferred to a third party.
5.3. In the event that the User is a juristic person, Gopengit reserves the right in its sole and absolute discretion to request written authority of the individual operating the User’s profile and may suspend the User’s use of the Website if it fails to provide Gopengit with documentation to its satisfaction.
5.4. Various information is required when setting up a User’s profile. It is the User’s responsibility to ensure that all such information provided on the User’s profile is up to date and Gopengit shall not be liable for any damages as are incurred by the User as a result of the User failing to update its profile.
5.5. The submission of the User’s information constitutes a grant of a license by the User to Gopengit to use such content for the purposes of operating the Gopengit website and facilitating the transactions on the Gopengit Website.
5.6. The User shall be required to protect its personal information and immediately, upon become aware of same, notify Gopengit of any suspected breach of its personal information through the Gopengit website.
5.7. Gopengit may at any time request confirmation of the identity of the User where required and the User shall provide Gopengit with such confirmation as soon as is reasonably possible. In the event that the User fails to provide Gopengit with the necessary information, Gopengit reserves the right to suspend the User’s account.
6. BUSINESS ADVERTISEMENTS
6.1. The Businesses, as Users, shall provide Gopengit with the relevant details that they wish to provide for on the Website and visual imagery in this regard.
6.2. Gopengit shall thereafter upload the listing which will go live and be visible by Users as soon as reasonably possible thereafter.
6.3. Gopengit has no obligation to verify the accuracy of any of the details provided for on the Website and the Business agrees to indemnify and hold Gopengit harmless against any claim, damages, losses or expenses which may arise from the relevant Business providing false and misleading information.
6.4. Gopengit reserves the right, in its sole and absolute discretion, to remove the Business listing from its Website should it reasonably suspect that the information is false, misleading or if other Users have negatively commented on the offerings and / or conduct of a particular Business.
7. NO WARRANTIES
7.1. Gopengit does not warrant the accuracy of the information provided on the Website which is not directly in respect of Gopengit.
7.2. Gopengit shall have no liability to the User regarding the inaccuracy of such information and any damages that may be suffered as a result of such inaccuracies. Gopengit relies on feedback from the Users to ensure that any offerings by other Users which are not appropriate, not in accordance with its listing or are misleading or offensive are brought to the attention of Gopengit.
7.3. Gopengit takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful access and/or monitoring from the Website. However, Gopengit cannot guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other contaminating or destructive code and no liability is accordingly accepted for any damages caused by such circumstances.
8. PROHIBITED CONDUCT
The User may not –
8.1. re-sell, deep-link, use, copy, monitor, display, download or reproduce any content or information, software, products or services available on the Website for any commercial or competitive activity or purpose;
8.2. use the Gopengit website for any unauthorised activities or to post or transmit any material from the Gopengit website unless the User holds all necessary rights, licenses and consents to do so;
8.3. use the Gopengit website for any activities that infringe intellectual property of Gopengit or other rights of any other User;
8.4. use the Gopengit website to breach any applicable law or regulation;
8.5. threaten, harass, defame, menace, offend or restrict any person in any way relating to Gopengit;
8.6. use the Website in a manner that would bring Gopengit, or the Website, into disrepute;
8.7. use the Website to send unsolicited electronic messages;
8.8. use the Website to tamper with, hinder or modify the Website, knowingly transmit viruses or other disabling features, or damage or interfere with the Website; or
8.9. facilitate or assist another person to do any of the above acts.
Gopengit reserves the right to hold a User liable for any losses suffered by Gopengit due to any form of so-called cybercrime committed and/or facilitated by the User on the Website.
9. USE OF PERSONAL INFORMATION
9.1. Gopengit shall at all times comply with the Protection of Personal Information Act, No 4 of 2013 (“POPI”) and ensure that adequate measures are in place to protect the personal information of all Users.
9.2. Gopengit has various security measures and procedures to protect the User’s personal information, the details of which are available on request. By the User’s acceptance of these terms and conditions, the User consents to Gopengit using the User’s personal information for the purposes of identifying the User, processing the desired transaction of the User, communicating with the User and for such further purposes as to facilitate the transaction of the User on the Gopengit website.
9.3. Gopengit will not share the User’s information with any unauthorised third parties without having first obtained the User’s consent.
10. INDEMNITY AND LIMITATIONS OF LIABILITY
10.1. Neither party will be held liable for any failure to perform any obligation to the other due to cause beyond their respective reasonable control, including but not limited to, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom any party is not responsible (including telecommunications and internet service providers) or acts of government or other competent authorities.
10.2. The User indemnifies and holds Gopengit harmless against all and any loss, liability, actions, suits, proceedings, costs, demands and damages of all and every kind, including direct, indirect, special or consequential damages, and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the Website or the use of information and/or images and/or service and goods and / or offerings available on the Website, whether due to the negligence of Gopengit or not.
10.3. The User agrees that, subject to applicable law, the User’s sole and exclusive remedy for any dispute of any nature with Gopengit in relation to your use of the Website, is to stop using the Website.
10.4. This clause will survive termination of these Terms.
Any provision of these Terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and will be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.
All agreements concluded by the User with Gopengit, specifically these Terms, through the Website are not without force merely because they are in the form of a data message. The lack of any signatures will not affect the validity of such agreements. All agreements concluded through Gopengit website in the form of data messages are deemed to be in writing and legally binding. Such agreements will always be accessible to all the parties thereto.
Gopengit may amend these Terms from time to time and shall notify the User of such modifications on the Website. The User will be deemed to have accepted and agreed to be bound by any changes to the Terms when the User uses the Website after the changes were posted.
14. JURISDICTION AND GOVERNING LAWS
These Terms shall be governed by and construed in accordance with South African law.
15. ECTA Provisions
Name: Nvie Designs CC t/a gopengit
Registration Number: 2010/163558/23
Contact Details: 072 280 8922
Contact Person: Tony Peng
Directors: Chao-Chian Peng